Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: USMC Brat

Glad I could help.

Now hopefully the FBI will look into the matter.

If anything there is a clear cut violation of civil rights under equal protection since the police stood by and did nothing as the pinkies assaulted MAF supporters.

Here are a few bits of the city ordinance that the police refused to enforce:

“Section 13.36.010 Obstructing free passage of persons or vehicles in public ways prohibited
when.
It is unlawful for any person to intentionally stand, sit or lie in or upon any street, sidewalk or crosswalk so
as to prevent the free passage of persons or vehicles passing over, along or across the same. (Ord. 2795-NS
§ 1, 1946)”

“Section 13.36.020 Obstructing entrance to or exit from public or private buildings prohibited
when.
It is unlawful for any person to intentionally stand, sit or lie in, on or at any driveway, entrance or exit of
any church, hall, theater, place of public assembly, store, business, plant, industry, private residence or
private property so as to prevent the free passage of persons or vehicles to or from the same. (Ord. 2795-NS
§ 2, 1946)”

“Section 13.44.080 Street event permit—Content and possession—Rules and regulations.
A. A street event permit shall contain the information given in the application and shall impose
reasonable time, place, and manner conditions such that the street event will not pose a traffic or safety
hazard or unreasonably interfere with fire or police protection services. The conditions imposed shall be in
conformity with the requirements of this chapter and shall provide only for such modification of the
application’s proposed street event as is necessary to achieve compliance with this chapter. Such conditions
may include requiring the applicant to:
1. Maintain a 20 foot wide emergency access lane at all times.
2. Provide first aid stations and teams within the closed-off area to provide emergency medical aid to
participants.
3. Provide barricades to close off the necessary streets.
4. Provide sufficient signs and directional arrows to divert traffic and arrange for AC Transit and other
public transit detours, subject to the approval of the traffic engineer.
5. Provide monitors for crowd control and security and establish liaison with the police department
concerning the role of the monitors.
6. Distribute flyers throughout the surrounding areas in advance of the event, notifying the affected
residents and business people of the street closure.
7. Clean all debris and litter from the street and sidewalk area within four hours after the conclusion of
the event.
8. Obey all applicable local, state and federal laws, including but not limited to the requirement for a
sound permit under Chapter 13.40 of the Berkeley Municipal Code. However, notwithstanding anything to the
contrary in Chapter 13.40, a permit issued under this chapter may authorize the use of sound amplification
equipment at a street event (a) for more than four hours and (b) until 10:00 p.m.
9. If alcohol is to be served at the event, responsible beverage service practices shall be followed, and
the applicant shall provide security adequate to maintain order, as determined by the Chief of Police.
B. City staff will assist applicants in meeting the conditions imposed by this section.
C. Applicants shall carry the permit during the street event and shall show it, upon demand, to any City
employee.
D. Applicants may not limit the free distribution of literature at the street event by members of the public
who have no formal or direct relationship with the applicant with respect to the presentation of the street
event. (Ord. 6871-NS § 3 (part), 2005: Ord. 6647-NS § 2, 2001)”

On the above one, note #6 and #8 especially #8 “Obey all applicable local state and federal laws”

“Section 13.98.010 Purpose.
The purpose of this chapter is to promote the health, safety and general welfare of the community by
creating an aesthetically pleasing environment in which graffiti is declared a nuisance which must be promptly
abated by property owners and imposing penalties on vandals. (Ord. 6775-NS § 1, 2003)

Section 13.98.020 Definitions.
Whenever any of the words hereinafter defined are used in this chapter, they shall be construed to mean
the following:
A. “City” shall mean, for the purposes of this chapter, the City Manager or his or her designee.
B. “Graffiti” shall mean any inscription, word, figure, marking or design that is written, marked, etched,
scratched, drawn or painted on any real property that was not authorized in advance by the owner of the real
property.
C. “Owner” as used in this chapter, includes any person in possession of the affected property, and any
person having or claiming to have, any legal or equitable interest in the property.
D. “Person” shall mean any individual, firm, partnership, corporation, association, or any other
organization or entity, however formed.
E. “Property” shall mean all residential, industrial, or commercial real property, and other property,
including but not limited to, fences, poles, signs, rocks, trees, paving, etc. (Ord. 6775-NS § 1, 2003)

Section 13.98.030 Graffiti prohibited—Removal required—Public nuisance.
It shall be a nuisance for any person to place graffiti upon any property located within the City of Berkeley.
Any owner of property within the City of Berkeley shall remove any graffiti on his/her property within five days
of notice of its placement on such property. Maintenance of property in violation of this section is a public
nuisance. (Ord. 6847-NS § 1, 2005: Ord. 6775-NS § 1, 2003)”

Someone needs to request copies of the permit request filed by the pinkies to see if one was even filed, and if it was was it filled out completely and in a timely manner.

Also need to ask local businesses if they were notified in writing of code pinks actions and intentions by representatives of code pink. If they were not notified, then that is another violation of the city ordinance that can be used to hang the city council and the city manager with.


167 posted on 02/20/2008 7:13:27 PM PST by 2CAVTrooper (If a mute swears, does his mother wash his hands with soap?)
[ Post Reply | Private Reply | To 165 | View Replies ]


To: 2CAVTrooper; JAG2; 444Flyer
Thanks for your very informative post!

There certainly are many violations of the Berkeley Municipal Code that are being unenforced. I downloaded the PDF this evening and will refer to it in the letters I'm writing.

The City of Berkeley, Code Pink and other protesters are also in violation of certain provisions of 18 USC CHAPTER 115 - TREASON, SEDITION, AND SUBVERSIVE ACTIVITIES.



Sorry I didn't find your reply sooner... I'm new here at FreeRepublic and haven't learned the navigation tools. Today I learned about the "Pings" link which is how I found your reply from 2/20.

#
168 posted on 03/01/2008 11:13:11 PM PST by USMC Brat (Set the example.)
[ Post Reply | Private Reply | To 167 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson