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-   -   Unlawful boating tickets, government extortion!!! (https://www.sailnet.com/forums/introduce-yourself/328168-unlawful-boating-tickets-government-extortion.html)

danvon 01-29-2019 10:28 AM

Re: Unlawful boating tickets, government extortion!!!
 
I'm surprised he didn't try to give you a load of crap for not having a day shape displayed.

Seriously, you do need to be able to show that your anchor light met the requirements. If so you might be able to get the tickets dropped if your lawyer can frame it to the judge in the right way. The fact that you let a huge number of them accumulate is not going to help though. And I agree that i'd let the jurisdiction argument go. There are few thing that judges hate more than claims that "the police don't have jurisdiction over me/my property/etc."

Also, talk to your lawyer about any possible effect on your drivers' license. I don't know Florida law but in some places these unpaid tickets might affect renewal or even suspension of the license.

Sal Paradise 01-29-2019 10:33 AM

Re: Unlawful boating tickets, government extortion!!!
 
Seastar I buy that. I have found the same thing. Unfortunately I have also found the opposite. But I can sort of read between the lines, and I agree with much of what you say.

Maine Sail 01-29-2019 10:51 AM

Re: Unlawful boating tickets, government extortion!!!
 
Quote:

Originally Posted by cmac321
He was claiming I did not have an anchor light. I immediately went out to fix the anchor light and to my surprise the anchor light was actually working. The light is a solar powered light and it can be seen in the boat picture at the top of the mast.

While I agree 100% that this is simply bullying, I see a few potential problems if you go to fight this:

#1 You will need to prove your "solar light" meets the very stringent rules for navigation lights. If it is not a USCG "certifed" or ABYC A-16 certifed navigation light, one that is tested for COLREGS compliance, there is a very high chance it does not meet the navigation lights requirements and would be disqualified as an anchor light. The fact that it could not be seen easily may not way in your favor.

Rule 20 Application: (e) The lights and shapes specified in these Rules shall comply with the provisions of Annex I [to these Regulations | of these Rules].

Annex I is in the CFR Code of Federal Regulations (33 CFR 84) and spells out very clearly what it means to have a legally compliant navigation light. It must meet color, intensity, horizontal and vertical compliance sectors. Imanna Labs, one of the independet USCG/ABYC A-16 testing authorities, fails "navigation lights" fairly regularly and these are from companies who actually believe they have built a light that they believe complies enough to pay to have it tested.

#2 Unless you are technically anchored in a designated " 109.10 Special anchorage area" then an anchor light would technically be required. While this is often not enforced, especially in local mooring fields, if a legal authority wanted to push they issue they usually have the law on their side to do so. On the other side of that, if where you anchored is designated a special anchorage you are not required to show an anchor light at all so the case could just be thrown out. There are not a ton of defined special anchorages but do look into it.

midwesterner 01-29-2019 10:53 AM

Re: Unlawful boating tickets, government extortion!!!
 
Quote:

Originally Posted by Rockter (Post 2051579824)
Ian :

This "set foot on my property and...." sentiment is an extension of the same motivation of those people down by the lake that want the boat moved.

As for shooting someone dead, well, how the hell will that help resolve anything ????

It looks like IanJoub edited his post and wisely removed any suggestion of shooting anybody. Yeah, bad idea.

As for calling 911 to report some police officers to,....other police officers. I can't imagine that going well. Thinking that they will respond by saying, "What, some over zealous police officers have been harassing you? That's unacceptable! We'll send some of our police officers over to talk with those police officers and tell them to stop". That's not likely to to happen.

A call to 911 like that is about as likely to be appreciated as the people who call 911 to complain that McDonalds gave them cold french fries.

midwesterner 01-29-2019 11:03 AM

Re: Unlawful boating tickets, government extortion!!!
 
Quote:

Originally Posted by cmac321 (Post 2051579790)
I purchased a 24' Sailboat around the beginning of September 2018, with plans to teach my son how to sail. I took the boat to the Ballard Park area of Melbourne, FL and moored it out. Ballard Park is a well know anchorage for boats.

Everything was fine for the first month or so, and then one day a Melbourne Police Officer shows up to my home with a handful of tickets for violation of:


This is a straight money grab by our City Police, this is extortion.

THIS IS WRONG! PLEASE HELP ME!

CMAC321, I noticed that you just joined this group and this is your first and only post. Is this your only reason for coming on here? How about the questions that people have posted on this thread? Is your anchor light an approved anchor light? Is the battery lasting through the night? We are curious to know the full story.

Sal Paradise 01-29-2019 12:07 PM

Re: Unlawful boating tickets, government extortion!!!
 

Skipper Jer 01-29-2019 12:14 PM

Re: Unlawful boating tickets, government extortion!!!
 
Post a copy of the ticket showing the ordinance that was violated or just site it here.

hellosailor 01-29-2019 02:58 PM

Re: Unlawful boating tickets, government extortion!!!
 
There is so much wrong with the OP's original rant.

It doesn't mention if he's a resident, filed as a homesteader, or a snowbird, or whatnot. If he is a resident of the same jurisdiction...and a voter...there are always local politicians looking to score points. District leader, assemblyman, whoever. And the local TV and newspaper "help me" contacts are always looking for something. Coming to SN and *****ing about it...comes off more like there's some agenda.

As to the anchor light being USCG approved--that's of no real importance. Lights just have to meet USCG standards, they DO NOT have to be approved, as has been discussed so many times before. Usually, for small craft, that means "Go someplace that is two miles away on the map. Look for your boat while someone on board blinks the link. Can you see the light?" and if the answer is yes, that's all the USCG requires. I'd bet the USCG could be asked about that sufficiency, in writing, and they'd pretty much reply "Yes that is sufficient" which is all you'd need to show a judge. Or whatever bozo adjudicates those tickets.

Then of course the OP apparently doesn't come from America...where we know that crooked cops can and should be formally charged with misfeasance. In some places there are particular "police review boards" to file charges with, in others, you go through the local DA's office, either way it is at no charge. You don't need to hire a lawyer to report a criminal violation and insist on prosecution. Failure to prosecute escalates into misfeasance and malfeasance and more trouble for the folks who fail to do it.

I filed charges against a cop (who was going off shift soon) who refused to give a drug/sobriety test to the guy who ran into my car. Three weeks later I get a call "from his sergeant" saying he's a good cop he just wanted to go off shift, couldn't I just drop it? I said hell no, I didn't care how good a cop he was, he was letting someone thoroughly drugged stay on the road and he could kill somebody next time.

Either you are a citizen, and you do some work about running the place, or you're a rube, at best, and not entitled to complain about the way you've left others running it.

Minnewaska 01-29-2019 03:09 PM

Re: Unlawful boating tickets, government extortion!!!
 
Maybe it will take a bit more time for the OP to weigh back in, but it's not out of the question we've been trolled.

SeaStar58 01-29-2019 08:51 PM

Re: Unlawful boating tickets, government extortion!!!
 
Quote:

Originally Posted by Sal Paradise (Post 2051579884)
Seastar I buy that. I have found the same thing. Unfortunately I have also found the opposite. But I can sort of read between the lines, and I agree with much of what you say.

Most police officers will play nice with you if you play nice with them is really what I have seen.

I did serve as a police data consultant in Florida so have spent some extended time assisting officers with court, jail and prison data systems on a State, County and Local level so I may be a bit Pro-Police due to that. In all that association I had not once encountered a situation where the police went out of their way to harass or be unfair but found quite the opposite to be true that for the most part they go out of their way to give even known convicted felons fair and decent treatment even when the person they are dealing with starts to cross the line. Unfortunately its not the hundreds of thousands of calls for service done above and beyond the call of duty that get National attention but the small handful every few months or years that fall short that are used to typecast all officers.

This situation appears to have gaps as there should have been at least notices left on the boat duplicated by the ones the officer showed up with at the door on both calls. Yes this all could just be a troll for someones amusement to get police haters all in a frenzy. The ticketing software should have triggered the visits by the police due to past due response on the tickets. For the past 20 to 30 years most police forces in any community with more that a small handful of officers will be using a dedicated police and jail management package of some kind tied in with the courts along with 911 to manage and track all of this. This isn't 1950's Mayberry.


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