Monday, February 11, 2008

Let's Cat Paw through this...

The first citation is for 10.20.150 STMC (Santee Municipal Code)...

A. No person shall camp, lodge, sleep or tarry overnight in any public park, public beach or any public street or highway; provided, that nothing herein shall be construed to prohibit camping in public campgrounds under permit authorized by other provisions of law or ordinance.

1. First Offense. The first violation of this section by any person is punishable as a misdemeanor.

2. Second Offense. Any violation of this section by a person who has previously violated this section one time is punishable as a misdemeanor.

3. Third Offense. Any violation of this section by a person who has previously violated this section two or more times is punishable as a misdemeanor. (Ord. 462 § 6, 2007: prior code § 73.108)

Now, I'm not sleeping, not tarrying over night and not camping. Even if I am sleeping, the 9th Court of Appeals has ruled that such a law is unconstitutional.

It is 9AM and I'm working. So, this citation was not only meaningless prior to me finding out about the 9th court ruling, it is unconstitutional now (see previous post). So, why is this law being allowed to be enforced?

The second one, as I've already posted (498(b) PC Utillity Theft), became meaningless when I got the Park Commissioner's email saying the electricity at the parks were in fact available for public use. This of course suggests that they are "available for use" during park hours, but again, I'm there during park hours.

So it looks like, from this point, that my actions are even more legal than I thought they were before. So, I will continue to show up at the park and continue to use the available utilities which are there for my use.

I suppose that I should also begin to look for a lawyer who wants to work a law suit against the city of Santee for false arrest and illegal seizure of property. I really didn't want to go that far with it, but at this point, what I'm seeing here is a City which knows that what they are doing is unconstitutional and simply doesn't care.

comments are welcome as always and of course if you don't feel like writing, the phone is right up there at the top of the page.

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