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-   -   Lawyers!! Please help with clarification Please (https://www.offshoreonly.com/forums/general-boating-discussion/277331-lawyers-please-help-clarification-please.html)

showtime83 06-01-2012 07:48 PM


Originally Posted by TexomaPowerboater (Post 3700386)
I presume this area already has fines in place for littering. Just enforce the littering laws that have been on the books for decades, don't close down a whole beach on account of a few idiots.

Littering laws?? You can not even go near it. Before it was a privately owned and was a free for all. The island was purchased for some 400,000 by whatever agency.

BBCLiberator 06-01-2012 08:17 PM


Originally Posted by TexomaPowerboater (Post 3700386)

You going to close down the roadways for littering too?

Nope, we have criminals, we have work programs for that:whistle:

BBCLiberator 06-01-2012 08:22 PM

And how is it 8 posts in I'm somehow involved in a political discussion about a haunted island...wait that's not right at all ;)

keith2500hd 06-01-2012 08:33 PM

god knows its easier to hold law abiding citizens under excessive laws then to perform real law enforcement. the majority of people cited, results from questioning overbearing enforcement. just read article again, civilians and journalists arrested then released for video taping cops on duty.

Michael1 06-01-2012 09:10 PM


Originally Posted by BBCLiberator (Post 3699407)
So maybe I missed it, but where can you go get an actual zoning map? Anyone know?

You can get it from the agency that has declared it a refuge area. You can often get them from the Coast Guard, too.

If you think you are going to get hassled or have been hassled for being in a area that is not part of the refuge area, I would call the Sargeant of the enforcing agency, and ask for clarification. Tell the sargeant you have a copy of the statute, and if you were told to leave, you would like to know why. I would also get the badge number and name of the officer who told you to leave. Have the telephone number of the Sargeant with you on the water. I would leave, and not argue with the officer, but immediately call the Sargeant after leaving. Once it is cleared up, ask that the officer be informed by radio, get the Sargeant's name, and then return to the area. If the officer comes back, say you just got off the phone with Sargeant So-and-So, and he approved you to come back.

The key is to appear cooperative and business like the entire time. Don't argue, raise your voice, etc. Otherwise, they think they are dealing with an idiot. Smart people win this game.

Michael

Michael1 06-01-2012 09:55 PM

Look like the U.S. Fish and Wildlife Service is the agency.

Detroit River International Wildlife Refuge

I didn't see anything on their website about Sugar Island or the boundaries/land use restrictions for the island. You would have to contact them. Get any regulations in writing.

Michael

low_psi 06-01-2012 10:04 PM


Originally Posted by todayone (Post 3700729)
And so right now there we've the item : the mended with reasonably priced winter http://www.onlysunglassesuk.co.uk/Di...unglasses.html months time of year

Hey, F-ing Retard Spammer. Seriously learn how to form a sentence that actually makes sence!!!

frankenstein 06-01-2012 11:25 PM


Originally Posted by low_psi (Post 3696662)
Ok, so recently the National Wildlife refuge purchased a small island a lot of us locals used during the summer as a place to picnic, throw horse shoes, etc. Anyway they have now designated it as a wildlife refuge and have posted signs on the island that state, unauthorized access is prohibited. So given this how far into the water can they actually enforce this? I was anchored off a few yards from the island today in about waist deep water and was told by a federal agent that I was trespassing and that he can enforce this to the middle part of the shipping channel. Naturally I got a bit of an attitude with him, as to say you can enforce a no trespass hundreds of yards away all the way into a shipping channel, just sounds ridiculous..... So my question for all of you legal types, what is the actual distance they can enforce a no trespass on a federally owned island in the Detroit River? Can they enforce all the way out to the shipping channel or to the water line? Also where can I find this in writing? While I told the officer I thought he was full of $hit, I don't know the full extent of this law so to argue it with him wouldn't be smart either..... Any info you guys can lend would be GREATLY APPRECIATED!!!

I normally charge a fee for this, but this one's on the house (lol). In my experiences you cant own water. Your anchor was down, so you're already guilty. But if you're not touching bottom in any way, shape, or form, you're not tresspassing. But, with that said, if you're dealing with jackasses, they will come up with some phantom charge that will just make your life more difficult. You will eventually beat the charge, but it will be a pain in the ass. The world needs dickheads, if not, how would we know who the good people are. Stay thirsty my friends

showtime83 06-05-2012 09:34 PM

http://thenewsherald.com/articles/20...c727965636.txt

low_psi 06-05-2012 10:15 PM


Originally Posted by showtime83 (Post 3703684)

I am so FREAKIN SICK of the a$$ clown Grosse Ile Police Chief using the "Boat Burnings" as one of the problems associated with the public use of the island. There hasn't been a boat burning party in over 10 years. I have a feeling the so called "public hearing" is going to be a bunch of "in one ear and out the other" BS. I will certainly attend, with a video camera to document EVERYTHING that is said.

low_psi 06-05-2012 10:20 PM

oh yeah another statement by that A-Hole Police Chief is this one:
“Sugar Island has a long history of illegal activity and has been a hub of delinquency and misconduct for years. Issues involving noise complaints and underage drinking are common, and more serious incidents of assault and battery and criminal sexual conduct have occurred.”

They or He is trying to paint the picture that this was a giant rave party and the island is littered with needles. Where no female is safe.

Look, illegale drug use happens everywhere, not just sugar island. To my knowledge there was one sexual assult a few years back (I do not know the details, so I won't make assumptions), however that is another situation that could happen at a park, parking lot, etc. Underage drinking? Really? I guess that only happens at Sugar Island...

articfriends 06-05-2012 11:26 PM

I see your point and it sucks when something gets closed off to the public but something you do need to remember is it was NEVER actually legal for you to go there to begin with, its just the previous PRIVATE owner was lax in keeping you off so you got away with it. Here's example's of something similar , My ex's parents bought 20 acres 50 miles north of your area, built a 2500 square foot house in the middle, come hunting season the locals came back there and started setting up there hunting blind in there yard . When confronted they cried that they had been hunting there all there life, how could some one tell them they couldn't- easy, they didn't EVER have a legal right to go there, they just got away with trespassing for years even though Mi requires written permission (which they didn't have) and now the new owner WAS using it for there own exclusive use. I boat once or twice a year up to Cheboygan, on the river there is a cool little patch of beach big enough for 4 or 5 boats to park on one of the curves that is real popular, no house on shore near by on that side so you know you weren't in someones front yard . A couple years ago we go pulling up there, signs pounded in the ground every 5 feet-NEW OWNER< STAY OFF NO TRESPASSING , sucks , BUT it was privately owned (just like Sugar island was) and the previous owner just wasn't around and let us get away with it for years, it now has a new owner and he is refusing to let every one use it any longer, Smitty
You actually now have more of a chance of legally having access to it one day than you did before but with the way these gov't agency's are it looks like hunters are the only ones that will get to use it, sucks, definitely go to the hearing, sorry to hear it, Smitty

X-Rated30 06-09-2012 12:35 AM


Originally Posted by frankenstein (Post 3700763)
I normally charge a fee for this, but this one's on the house (lol). In my experiences you cant own water. Your anchor was down, so you're already guilty. But if you're not touching bottom in any way, shape, or form, you're not tresspassing. But, with that said, if you're dealing with jackasses, they will come up with some phantom charge that will just make your life more difficult. You will eventually beat the charge, but it will be a pain in the ass. The world needs dickheads, if not, how would we know who the good people are. Stay thirsty my friends

Good thing you aren't charging today, because in most cases it's where you are that determines if you are trespassing... Not whether you touch bottom, or land, or anything else.

low_psi 06-18-2012 08:16 PM

Just got back from a public forum with the National Wild life group. They stated they are enforcing to water line only. So that whole BS about enforcing to the middle of the shippi g channel was total Crap!

averagejoe074 06-18-2012 09:57 PM


Originally Posted by low_psi (Post 3712146)
Just got back from a public forum with the National Wild life group. They stated they are enforcing to water line only. So that whole BS about enforcing to the middle of the shippi g channel was total Crap!

if your gonna venture back over to sugar and anchor off the beach a ways...print out what you found and keep it with ya....not to sure if it will help ya though....i dont think any of the sheriffs in that area know how to read...:evilb:

low_psi 06-18-2012 11:06 PM

It wasn't printed. It was stated numerous times in a public meeting. The lead speaker, a Federal Wildlife refuge official, told us they will only enforce to the "high Water Line". I asked NUMEROUS times where the law is stated and they were unable to come up with anything. THey are making it up as they go.

low_psi 06-18-2012 11:10 PM

It was also asked since the island had been up for sale for so long, when was the last survey done? Without a property survey, how can you determine the property line? Again they all looked at each other then tried to change the subject..... What I gathered from this meeting the Federal Wildlife Refuge is in NO hurry to complete their public access plan for the island.

BBCLiberator 06-19-2012 12:27 AM

That must have been frustrating to sit through...total bummer.


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