Stay out of Georgia - Page 4 - SailNet Community
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post #31 of 123 Old 11-04-2010
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it seems to me that a person has a right to live and survive. I don't remember in the constitution where it said that right was limited to those owning a house on land.
you rebel, you !

Hey does jersey also have issue w/ liveaboards?
In Florida you don't use the "L" word when refering to yourself. Everyone is an "extended cruiser"
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post #32 of 123 Old 11-04-2010
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Brian-
" I don't remember in the constitution where it said that right was limited to those owning a house on land."
That'd be the same document that says a number of things about who can and cannot vote, right? Written largely by and for white male landowners?
WIth of course no mention of vagrancy, which was a crime in all of the States until what, the 70's ? No home, no property, no dollars in your pocket? Yes, you could be arrested for that.
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post #33 of 123 Old 11-15-2010
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Ok, then here's a good one. If you are retire and living in your RV as a park host in a National forest you can stay for up to 6 months during the season. Wonder if we could by a park host in a marine park or sanctuary?

NOT
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post #34 of 123 Old 11-15-2010
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Also, if the letter of the law is to be obeyed and the basis of any prosecution, you have to have your vessel, "...located in coastal marshlands...". It doesn't say near, within xx yards or miles of, but IN a marshland. So, as Brian mentioned, someone wrote this regulation without adult supervision. As long as you don't run her into the mud, you're not in violation.

But, as we all know, order and justice are two different things.


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Originally Posted by Cruisingdad View Post
I question the legality of that law. Sounds like something someone wrote with no scientific backing and without consideration of whether it would pass the federal courts. But who knows... I am not a lawyer. Yet it seems to me that a person has a right to live and survive. I don't remember in the constitution where it said that right was limited to those owning a house on land.

Brian

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post #35 of 123 Old 12-27-2010
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Originally Posted by macattackga View Post
Coastal Marshlands Protection Act
O.C.G.A. 12-5-280 et. seq.
12-5-288. Restriction on granting of permit; size restriction; activities and structures considered contrary to public interest.
(a) If the project is not water related or dependent on waterfront access or can be satisfied by the
use of an alternative nonmarshland site or by use of existing public facilities, a permit usually
should not be granted pursuant to Code Section 12-5-286.
(b) The amount of marshlands to be altered must be minimum in size. The following activities
and structures are normally considered to be contrary to the public interest when located in
coastal marshlands but the final decision as to whether any activity or structure is considered to
be in the public interest shall be in the sound discretion of the committee:
(1) Filling of marshlands for residential, commercial, and industrial uses;
(2) Filling of marshlands for private parking lots and private roadways;
(3) Construction of dump sites and depositing of any waste materials or dredge spoil;
(4) Dredging of canals or ditches for the purpose of draining coastal marshlands;
(5) Mining;
(6) Construction of lagoons or impoundments for waste treatment, cooling, agriculture, or
aquaculture which would occupy or damage coastal marshlands or life forms therein;
(7) Construction of structures which constitute an obstruction of view to adjoining riparian
landowners, including signs and enclosures; and
(8) Occupying a live-aboard for more than 30 days during any calendar year; provided, however,
that the commissioner may grant extensions of time beyond 30 days to persons making a request
in writing stating the reasons for such extension. Owners of docks where live-aboards are
moored as well as owners and occupants of live-aboards are responsible under this part.


12-5-282. Definitions:
(8) 'Live-aboard' means a floating vessel or other water craft which is moored to a dock, tree, or
piling or anchored in the estuarine waters of the state and is utilized as a human or animal abode.
Live-aboards include but are not limited to monohulls, multihulls, houseboats, floating homes,
and other floating structures which are used for human or animal habitation.
Okay let me explain this law to you learned individuals. Jeez Louiiiiiis! It is all explained right here you just have to know the language of the green.


Translation

Go to the Marina where you PAY ! Okay now you know. It's always the same. Follow the money...
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post #36 of 123 Old 12-27-2010
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Quote:
Originally Posted by SVArgo View Post
, "...located in coastal marshlands...".
Actually it says "estuarine waters" which include just about everything you can reach from the sea with a sailboat. Inland lakes shouldn't be affected the way this law is worded.

My experience with sworn officers in Georgia has been quite positive. My opinion of their laws somewhat less so.


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post #37 of 123 Old 12-27-2010
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Looks like Georgia just put the houseboat folks out of business.

Gary
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post #38 of 123 Old 01-07-2011
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(8) Occupying a live-aboard for more than 30 days during any calendar year; provided, however,
that the commissioner may grant extensions of time beyond 30 days to persons making a request
in writing stating the reasons for such extension. Owners of docks where live-aboards are
moored as well as owners and occupants of live-aboards are responsible under this part.

It looks like marina's can get exceptions on a per read 'fee license' request.

The actual wording of this or any law is irrevelent. What matters is how it is perceived or enforced by patrol officers, unless you have a lot of money and don't mind spending most of your free time in a room full of lawyers.

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post #39 of 123 Old 01-07-2011
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I guess when a Georgia DNR officer comes up and says "Boy, you're in a heap-of-trouble!" he really means it!

Gary
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post #40 of 123 Old 05-23-2011
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I think they are just trying to avoid turning the coastline into a floating trailer park. Can't blame them.
Seems to me, as long as you don't look like some bum living on a cheap floating house, they really don't care...unless you look like you have lots of money, then they care again.
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