Abuse of Haralson County's Emergency Ordinance? What Else Does An Emergency Make?

[mountainpass]

http://www.times-georgian.com/view/...OK-marijuana-ordinance-?instance=west_ga_news

The commissioners voted unanimously to use their executive authority to immediately ban the sale of drug paraphernalia in the county and impose tough actions aimed at the business licenses of stores that sell such products, as well as products banned underr state law containing substances associated with “synthetic marijuana.”

Bremen resident Lance Dyer, whose son died after using a “synthetic marijuana” product – and who consequently has been advocating across west Georgia for tougher ordinances – asked the commissioners to use their emergency authority, likening the problem to one of a “natural disaster” or public health crisis.

Commissioner Eric Robinson then moved to use the county’s executive authority to enforce the ordinance as written until the measure could be passed by the usual method. The commissioners unanimously approved that motion.

What the state law wasn't enough until you could pass your ordinance. So let's declare a state of emergency!

Sec. 14-24. - Powers during an emergency or disaster.

In the event of a manmade or natural disaster, actual enemy attack upon the United States, or any other emergency which may affect the lives and property of the citizens of the county, the board of commissioners or its appointed designees, separately or jointly with the mayors of the cities named in section 14-21 or their legally appointed designees, may determine that an emergency or disaster exists and thereafter shall have and may exercise, for such period as such emergency or disaster exists or continues, the following powers:

(1)
To enforce all rules, laws, and regulations relating to emergency management, and to assume direct operational control over all emergency management resources;

(2)
To seize or take for temporary use any private property for the protection of the public;

(3)
To sell, lend, give, or distribute all or any such property or supplies among the inhabitants of the county and to maintain a strict accounting of property or supplies distributed and for funds received for such property or supplies; and

(4)
To perform and exercise such other functions and duties, and take such emergency actions as may be necessary to promote and secure the safety, protection, and well-being of the inhabitants of the county.


(Res. of 5-6-1986, § IV; Ord. of 9-29-1992, § IV)

Abuse of power?

 

[Sandman771]

Yeah I think the end result was a just cause, but they sure went about it in a sketchy method.

 

[mountainpass]

I just don't feel that was the intent of the ordinance.....I also have a bone against the seizure and redistribution of private property of the "Emergency" Ordinance, but that's another thread.........

 

[Patronus]

(2)
To seize or take for temporary use any private property for the protection of the public;

My guns are private property. Since it doesn't discriminate between privately owned "real" property it could mean anything owned by anyone.

 

[mountainpass]

My guns are private property. Since it doesn't discriminate between privately owned "real" property it could mean anything owned by anyone.

mdog check out this thread: http://www.theoutdoorstrader.com/th...listen-up-new-EMA-ordinance-possible-gun-grab

That thread is the reason I'm on a bender over the "Emergency" Ordinance crap.

 

[Big guy in the sky]

I can really get behind something the FDA missed. Having just gotten out of the army, and seeing synthetic marijuana's effect firsthand in many cases, i totally agree with the decision, but not by people who made it. Constitutional rights should be a national question, not simply up to the county commissioner. The drug thing is an extreme example, in a small population. not everyone smoked that stuff, and evem through that crowd that did, how many of them had bad habits?If there was a tHUNDER/HAIL storm and the county declared an emergency, should they be able to seize my public property, HECK NO!!! ( I am a little drunk, but i think I made my point. If not, I will see this thread and annotate my grammatical mistakes. Thank you. Jason

 

[RamRoddoc]

any other emergency which may affect the lives and property of the citizens of the county, the board of commissioners or its appointed designees, separately or jointly with the mayors of the cities named in section 14-21 or their legally appointed designees, may determine that an emergency or disaster exists and thereafter shall have and may exercise, for such period as such emergency or disaster exists or continues, the following powers:

Herein gentlemen lies the problem; broad sweeping powers are emplaced by their own (BOC or appointees) determination of what an emergency is. Could it be a downed power line, a thunder storm or a fart in an enclosed public space? Who makes the decision, the board does. Today it's a teen who smoked fake weed and died and it's an Emergency? Really?

The intent and what actually occurs will eventually deviate to a point that the citizens’ rights are null and void, if not today then tomorrow.

Give the government the ability to have far reaching power with some vague notion of intent and the recipe for tyranny exist. It is indeed the road to hell and we are naively paving the way.

 

[loadmyown]

Spalding Co as well as City of Griffin passed the same law, Spalding Co is being sued over it while the City amendened it's law to avoid being sued.

 

[mountainpass]

Spalding Co as well as City of Griffin passed the same law, Spalding Co is being sued over it while the City amendened it's law to avoid being sued.

This thread isn't about the new ordinance w/ the firearms language(in which the GEMA template has been changed thanks to GeorgiaCarry.Org sending GEMA a letter telling them that it's illegal). Those you mentioned among others have the firearms language still in their ordinance. If your city and or county has such language, contact them and ask them to change it.

This thread is about the abuse of what an "emergency" makes.

 

[attison]

Spalding Co as well as City of Griffin passed the same law, Spalding Co is being sued over it while the City amendened it's law to avoid being sued.

This thread isn't about the new ordinance w/ the firearms language(in which the GEMA template has been changed thanks to GeorgiaCarry.Org sending GEMA a letter telling them that it's illegal). Those you mentioned among others have the firearms language still in their ordinance. If your city and or county has such language, contact them and ask them to change it.

This thread is about the abuse of what an "emergency" makes.

The HC BOC isn't taking guns from anyone. Obviously you have never had someone you care about or a family member on this synthetic crap. I have and I don't give a crap what they have to do to get it banned. You sir don't even have a dog in this fight, being that you are NOT a resident of Haralson county. Not to mention thi article is only a few months old. This is what pisses me to no end, automatically assuming that the government is after our guns just because they exercise emergency powers. You not being from Haralson county obviously don't have a friggin clue what's going on here. So that being said, next time you decide to scream that the sky is falling, check the efn weather forecast.