User Panel
Posted: 7/4/2015 1:23:48 PM EDT
From a local discussion group:
Following is language from the actual Cibolo ordinance (Section 46-86) regarding possession and discharge of fireworks: The presence of any fireworks within the city limits of the City of Cibolo in violation of this ordinance is hereby declared to be a public nuisance, except where exempt by State Law. The manufacture, sale, offer for sale, or give away of any fireworks within the jurisdiction of the City of Cibolo or within five thousand (5,000) feet of the city limits of the City of Cibolo that is not within the incorporated limits or jurisdiction of another municipality in violation of this ordinance is hereby declared to be a public nuisance, except where exempt by State Law. The Fire Marshal or any Police Officer of the City of Cibolo or any other duly constituted peace officer is hereby authorized to enter any building where the unlawful presence of fireworks is suspected in order to inspect the same for the presence of such fireworks. It shall be unlawful for any person to manufacture, store, transport, receive, keep, sell, give, offer, or have in his or her possession with or without intent to sell, use, give, offer, discharge, cause to be discharged, ignite, detonate, fire, or otherwise set in action any fireworks of any description. Seems legit. Subsection C: (c) The Fire Marshal or any Police Officer of the City of Cibolo or any other duly constituted peace officer or any member of the Fire Prevention Division of the City of Cibolo is hereby authorized to enter any building where the unlawful presence of fireworks is suspected in order to inspect the same for the presence of such fireworks. |
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[#6]
Ironic that people are celebrating independence from an oppressor.
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[#7]
Shut up and wave your flag celebrating "Independence" Day...........
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[#8]
Also, what's with the "within 5000 feet of the city limits" part? Why not make it within 20 miles as long as we're reaching out of our jurisdiction?
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[#9]
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[#10]
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[#11]
Listen, I don't like the way that law is being enforced. But retards lighting their neighbors house on fire is a big fucking problem.
Out west we are in a tinder box right now and some asshat blowing shit up and causing forest fires is the best way to calibrate the 4th apperntly. Ironic also is that 99% of fireworks are made by the Chinese. Merica, |
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[#12]
I remember the good old days when the entire neighborhood sat out on the front lawn and lit fireworks all day long. Now everything is banned and all the sheep have to be herded to the main city firework show. Yay.
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[#13]
Quoted:
I remember the good old days when the entire neighborhood sat out on the front lawn and lit fireworks all day long. Now everything is banned and all the sheep have to be herded to the main city firework show. Yay. View Quote I remember when some assshat caused a massive fire that burned dozens of homes with fireworks. Should I be able to put a target up at a neighborhood park and shoot my AR? |
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[#14]
You got a license for all the FREEDOM you've got there, buddy?
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[#15]
Quoted:
I remember when some assshat caused a massive fire that burned dozens of homes with fireworks. Should I be able to put a target up at a neighborhood park and shoot my AR? View Quote View All Quotes View All Quotes Quoted:
Quoted:
I remember the good old days when the entire neighborhood sat out on the front lawn and lit fireworks all day long. Now everything is banned and all the sheep have to be herded to the main city firework show. Yay. I remember when some assshat caused a massive fire that burned dozens of homes with fireworks. Should I be able to put a target up at a neighborhood park and shoot my AR? What state are you from |
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[#16]
Quoted:
I remember the good old days when the entire neighborhood sat out on the front lawn and lit fireworks all day long. Now everything is banned and all the sheep have to be herded to the main city firework show. Yay. View Quote Except that this shitty excuse for a city can't even muster up a fireworks show. But they can afford 8700 signs to post on all the major roads and at the entrance to every subdivision. |
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[#18]
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[#19]
Quoted:
So it's lawful for a fireman to demand entry and inspection of your home without a warrant? View Quote View All Quotes View All Quotes Quoted:
Quoted:
They are using fire inspection laws I'm assssssssuming. So it's lawful for a fireman to demand entry and inspection of your home without a warrant? I guess the 4th Amendment doesn't appy to fire fighters in that municipality |
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[#22]
Quoted:
So it's lawful for a fireman to demand entry and inspection of your home without a warrant? View Quote View All Quotes View All Quotes Quoted:
Quoted:
They are using fire inspection laws I'm assssssssuming. So it's lawful for a fireman to demand entry and inspection of your home without a warrant? Lots of municipalities allow it, yes. YMMV |
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[#23]
Quoted:
Quoted:
Quoted:
I remember the good old days when the entire neighborhood sat out on the front lawn and lit fireworks all day long. Now everything is banned and all the sheep have to be herded to the main city firework show. Yay. I remember when some assshat caused a massive fire that burned dozens of homes with fireworks. Should I be able to put a target up at a neighborhood park and shoot my AR? What state are you from MT |
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[#24]
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[#25]
Quoted:
From a local discussion group: Following is language from the actual Cibolo ordinance (Section 46-86) regarding possession and discharge of fireworks: The presence of any fireworks within the city limits of the City of Cibolo in violation of this ordinance is hereby declared to be a public nuisance, except where exempt by State Law. The manufacture, sale, offer for sale, or give away of any fireworks within the jurisdiction of the City of Cibolo or within five thousand (5,000) feet of the city limits of the City of Cibolo that is not within the incorporated limits or jurisdiction of another municipality in violation of this ordinance is hereby declared to be a public nuisance, except where exempt by State Law. The Fire Marshal or any Police Officer of the City of Cibolo or any other duly constituted peace officer is hereby authorized to enter any building where the unlawful presence of fireworks is suspected in order to inspect the same for the presence of such fireworks. It shall be unlawful for any person to manufacture, store, transport, receive, keep, sell, give, offer, or have in his or her possession with or without intent to sell, use, give, offer, discharge, cause to be discharged, ignite, detonate, fire, or otherwise set in action any fireworks of any description. Seems legit. View Quote Freedom. |
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[#27]
A lot of ordinances will use language such as "dwelling" or "residence". I don't think it authorises anyone to enter a home. I could be wrong though.
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[#30]
Quoted:
A lot of ordinances will use language such as "dwelling" or "residence" or in an instance such as this. I don't think it authorises anyone to enter a home. I could be wrong though. View Quote What about building? Doesn't that mean the same thing in Texas as it does say in the Oxford Dictionary? "hereby authorized to enter any building" |
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[#31]
No warrant? Then you'll have to earn entry into my house and it won't be easy.
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[#32]
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[#33]
Quoted:
What about building? Doesn't that mean the same thing in Texas as it does say in the Oxford Dictionary? "hereby authorized to enter any building" View Quote View All Quotes View All Quotes Quoted:
Quoted:
A lot of ordinances will use language such as "dwelling" or "residence" or in an instance such as this. I don't think it authorises anyone to enter a home. I could be wrong though. What about building? Doesn't that mean the same thing in Texas as it does say in the Oxford Dictionary? "hereby authorized to enter any building" I said I could be wrong. I would think if you search their codes you would see a distinction being made between a building and a residence. If not, I would love to see a police officer go into someone's home for no other reason than to confiscate fireworks. I know I wouldn't do it. |
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[#34]
So a pissed off neighbor SWATS you?
If you are not in violation. You get paid? |
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[#35]
Quoted:
I said I could be wrong. I would think if you search their codes you would see a distinction being made between a building and a residence. If not, I would love to see a police officer go into someone's home for no other reason than to confiscate fireworks. I know I wouldn't do it. View Quote View All Quotes View All Quotes Quoted:
Quoted:
Quoted:
A lot of ordinances will use language such as "dwelling" or "residence" or in an instance such as this. I don't think it authorises anyone to enter a home. I could be wrong though. What about building? Doesn't that mean the same thing in Texas as it does say in the Oxford Dictionary? "hereby authorized to enter any building" I said I could be wrong. I would think if you search their codes you would see a distinction being made between a building and a residence. If not, I would love to see a police officer go into someone's home for no other reason than to confiscate fireworks. I know I wouldn't do it. Glad you wouldn't do it. Unfortunately,there are plenty out there eager to do it.Hut hut hut..... |
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[#36]
Quoted:
Listen, I don't like the way that law is being enforced. But retards lighting their neighbors house on fire is a big fucking problem. Out west we are in a tinder box right now and some asshat blowing shit up and causing forest fires is the best way to calibrate the 4th apperntly. Ironic also is that 99% of fireworks are made by the Chinese. Merica, View Quote |
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[#37]
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[#38]
Am I missing the highlighted part in OP?
Sec. 46-85. - Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Fireworks means any composition or device designed to produce a visible or audible effect by combustion, explosion, deflagration, or detonation. (Ord. No. 12, § 1, 4-16-1969; Ord. No. 797, § I(a), 3-13-2007) Sec. 46-86. - Public nuisance and prohibition. The possession, use, manufacture, sale, offer for sale, giveaway, or discharge of fireworks within the city limits, or within 5,000 feet of the city limits is hereby declared to be a common and public nuisance and it shall be unlawful for any person to possess, use, manufacture, sell, offer for sale, give away, or discharge fireworks within the city limits, or within 5,000 feet of the city limits. (Ord. No. 12, §§ 2, 4, 4-16-1969; Ord. No. 797, § I(b), 3-13-2007) Sec. 46-87. - Exceptions. This article does not apply to: (1) Toy pistols, toy canes, toy guns, or other devices that use paper or plastic caps; (2) Model rockets and model rocket motors, designed, sold, and used for the purpose of propelling recoverable aero models; (3) The sale and use, in emergency situations, of pyrotechnic signaling devices or distress signals for aviation, or highway use; (4) The use of fuse and railway torpedoes by railroads; (5) The sale of blank cartridges for use in radio, television, film, or theater productions for signal or ceremonial purposes in athletic events, or for industrial purposes; or (6) The use of any pyrotechnic device by military organizations. (Ord. No. 12, § 3, 4-16-1969; Ord. No. 797, § I(c), 3-13-2007) Sec. 46-88. - Public displays exempted. The provisions of section 54-126 shall not apply to a public display of fireworks made under the terms and conditions of this section, and such display shall be permitted upon compliance with the provisions of the city's adopted fire prevention code and of this section, as follows: (1) Any adult person or any firm, copartnership, corporation or association planning to make a public display of fireworks shall first make written application for a permit to the fire marshal at least 14 days in advance of the date of the proposed display. (2) It shall be the duty of the fire marshal to make an investigation as to whether the display as proposed by the applicant for a permit under this article shall be of such a character that it may be hazardous to property or dangerous to any person; and he shall, in the exercise of reasonable discretion, grant or deny the application, subject to the conditions prescribed in this section. If the application is approved, a permit shall be issued for the public display by the fire marshal. Such permit shall be for a period of time designated on the permit, but shall not exceed 14 days, and the permit shall not be transferable. If the application is denied by the fire marshal, he shall notify the applicant of the denial in writing. (3) The applicant for a display permit under this section shall, at the time of making application, furnish proof of compensation insurance for employees as provided by the laws of the state; and shall file with the fire marshal a certificate of insurance evidencing the carrying of public liability insurance in an amount not less than $300,000.00, issued by an insurance carrier authorized to transact business in the state, for the benefit of the person named therein as insured, as evidence of ability to respond in damages in at least the amount of $300,000.00, such policy to be approved by the fire marshal. In lieu of insurance, the applicant may file with the fire marshal a bond in the amount of $300,000.00, issued by an authorized surety company approved by the fire marshal, conditioned upon the applicant's payment of all damages to persons or property which shall or may result from or be caused by such public display of fireworks or any negligence on the part of the applicant or his agents, servants, employees, or subcontractors in the presentation of the public display. (4) The range of aerial displays shall not be more than 200 feet, and the fireworks shall be discharged vertically from tubes approved by the fire marshal. (5) The limit of a display authorized by this section shall be not more than 45 minutes per performance, and there shall not be more than two performances in each 24 hours. (6) No public display of fireworks shall be of such a character and so located, discharged, or fired as to be hazardous or dangerous to persons or property, and this determination shall be within the sound discretion of the fire marshal. (7) The persons handling the display of fireworks under this section shall be competent, adult persons and experienced pyrotechnic operators approved by the fire marshal. No person not approved by the fire marshal shall handle fireworks at the public display. The names of the experienced pyrotechnic operators shall be designated on the permit issued. (8) For each public display of fireworks under this section, the fire marshal may require that not less than two firefighters of the city be in attendance during the display. The expense of such firefighters at the display shall be borne by the applicant for the permit and shall be paid in advance at the time of the application for the permit. (9) The material to be used for a public display authorized by this section shall not be stored within the city limits, but shall be brought in on the day of the public display and then shall be taken immediately to the place of display for further handling and storage. (Ord. No. 797, § I(d), 3-13-2007) Sec. 46-89. - City attorney authority. Notwithstanding any penal provision of this article, the city attorney is authorized to file suit on behalf of the city, the fire marshal, or both for such injunctive relief as may be necessary to prevent a violation of this article. It shall not be necessary to obtain injunctive relief as a prerequisite to seizure of fireworks. View Quote |
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[#39]
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[#40]
Quoted: The 4th Amendment takes a very distant back seat to "safety". View Quote That's Safety with a capital S. Show proper obeisance, and give due worship to the gods of Security and Safety. When the Priests of Safety come to your home, do not resist. Show them reverence, for they are the representatives from the Government to you. |
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[#41]
Quoted:
Listen, I don't like the way that law is being enforced. But retards lighting their neighbors house on fire is a big fucking problem. Out west we are in a tinder box right now and some asshat blowing shit up and causing forest fires is the best way to calibrate the 4th apperntly. Ironic also is that 99% of fireworks are made by the Chinese. Merica, View Quote I'm right there with you. We really don't need further fires right now in Montana, that recent thunderstorm rolled through and lit things up plenty. With how incredibly dry things are, and predicted high winds for later tonight, I hope people are holding off or being especially cautious as far as fire prevention goes. I know I am! But I also don't agree with the way that law would be enforced. Freedom comes first, even if there is a good chance people will be idiots. I'd rather suffer the consequences of excessive freedom than try to prevent things going wrong by giving any government too much power. |
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[#42]
Quoted:
Listen, I don't like the way that law is being enforced. But retards lighting their neighbors house on fire is a big fucking problem. Out west we are in a tinder box right now and some asshat blowing shit up and causing forest fires is the best way to calibrate the 4th apperntly. Ironic also is that 99% of fireworks are made by the Chinese. Merica, View Quote Big problem really? How many neighbors houses get torched, accidentally by fireworks every year? Also where and when did these dozens of homes get burned in the fireworks inferno? |
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[#43]
Quoted:
Big problem really? How many neighbors houses get torched, accidentally by fireworks every year? Also where and when did these dozens of homes get burned in the fireworks inferno? View Quote View All Quotes View All Quotes Quoted:
Quoted:
Listen, I don't like the way that law is being enforced. But retards lighting their neighbors house on fire is a big fucking problem. Out west we are in a tinder box right now and some asshat blowing shit up and causing forest fires is the best way to calibrate the 4th apperntly. Ironic also is that 99% of fireworks are made by the Chinese. Merica, Big problem really? How many neighbors houses get torched, accidentally by fireworks every year? Also where and when did these dozens of homes get burned in the fireworks inferno? But if it saves just one house,isn't it worth it? Isn't it??? |
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[#45]
Quoted:
Am I missing the highlighted part in OP? View Quote View All Quotes View All Quotes Quoted:
Am I missing the highlighted part in OP? Sec. 46-85. - Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Fireworks means any composition or device designed to produce a visible or audible effect by combustion, explosion, deflagration, or detonation. (Ord. No. 12, § 1, 4-16-1969; Ord. No. 797, § I(a), 3-13-2007) Sec. 46-86. - Public nuisance and prohibition. The possession, use, manufacture, sale, offer for sale, giveaway, or discharge of fireworks within the city limits, or within 5,000 feet of the city limits is hereby declared to be a common and public nuisance and it shall be unlawful for any person to possess, use, manufacture, sell, offer for sale, give away, or discharge fireworks within the city limits, or within 5,000 feet of the city limits. (Ord. No. 12, §§ 2, 4, 4-16-1969; Ord. No. 797, § I(b), 3-13-2007) Sec. 46-87. - Exceptions. This article does not apply to: (1) Toy pistols, toy canes, toy guns, or other devices that use paper or plastic caps; (2) Model rockets and model rocket motors, designed, sold, and used for the purpose of propelling recoverable aero models; (3) The sale and use, in emergency situations, of pyrotechnic signaling devices or distress signals for aviation, or highway use; (4) The use of fuse and railway torpedoes by railroads; (5) The sale of blank cartridges for use in radio, television, film, or theater productions for signal or ceremonial purposes in athletic events, or for industrial purposes; or (6) The use of any pyrotechnic device by military organizations. (Ord. No. 12, § 3, 4-16-1969; Ord. No. 797, § I(c), 3-13-2007) Sec. 46-88. - Public displays exempted. The provisions of section 54-126 shall not apply to a public display of fireworks made under the terms and conditions of this section, and such display shall be permitted upon compliance with the provisions of the city's adopted fire prevention code and of this section, as follows: (1) Any adult person or any firm, copartnership, corporation or association planning to make a public display of fireworks shall first make written application for a permit to the fire marshal at least 14 days in advance of the date of the proposed display. (2) It shall be the duty of the fire marshal to make an investigation as to whether the display as proposed by the applicant for a permit under this article shall be of such a character that it may be hazardous to property or dangerous to any person; and he shall, in the exercise of reasonable discretion, grant or deny the application, subject to the conditions prescribed in this section. If the application is approved, a permit shall be issued for the public display by the fire marshal. Such permit shall be for a period of time designated on the permit, but shall not exceed 14 days, and the permit shall not be transferable. If the application is denied by the fire marshal, he shall notify the applicant of the denial in writing. (3) The applicant for a display permit under this section shall, at the time of making application, furnish proof of compensation insurance for employees as provided by the laws of the state; and shall file with the fire marshal a certificate of insurance evidencing the carrying of public liability insurance in an amount not less than $300,000.00, issued by an insurance carrier authorized to transact business in the state, for the benefit of the person named therein as insured, as evidence of ability to respond in damages in at least the amount of $300,000.00, such policy to be approved by the fire marshal. In lieu of insurance, the applicant may file with the fire marshal a bond in the amount of $300,000.00, issued by an authorized surety company approved by the fire marshal, conditioned upon the applicant's payment of all damages to persons or property which shall or may result from or be caused by such public display of fireworks or any negligence on the part of the applicant or his agents, servants, employees, or subcontractors in the presentation of the public display. (4) The range of aerial displays shall not be more than 200 feet, and the fireworks shall be discharged vertically from tubes approved by the fire marshal. (5) The limit of a display authorized by this section shall be not more than 45 minutes per performance, and there shall not be more than two performances in each 24 hours. (6) No public display of fireworks shall be of such a character and so located, discharged, or fired as to be hazardous or dangerous to persons or property, and this determination shall be within the sound discretion of the fire marshal. (7) The persons handling the display of fireworks under this section shall be competent, adult persons and experienced pyrotechnic operators approved by the fire marshal. No person not approved by the fire marshal shall handle fireworks at the public display. The names of the experienced pyrotechnic operators shall be designated on the permit issued. (8) For each public display of fireworks under this section, the fire marshal may require that not less than two firefighters of the city be in attendance during the display. The expense of such firefighters at the display shall be borne by the applicant for the permit and shall be paid in advance at the time of the application for the permit. (9) The material to be used for a public display authorized by this section shall not be stored within the city limits, but shall be brought in on the day of the public display and then shall be taken immediately to the place of display for further handling and storage. (Ord. No. 797, § I(d), 3-13-2007) Sec. 46-89. - City attorney authority. Notwithstanding any penal provision of this article, the city attorney is authorized to file suit on behalf of the city, the fire marshal, or both for such injunctive relief as may be necessary to prevent a violation of this article. It shall not be necessary to obtain injunctive relief as a prerequisite to seizure of fireworks. Nope, just GD being GD |
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[#46]
Quoted:
Quoted:
Quoted:
I remember the good old days when the entire neighborhood sat out on the front lawn and lit fireworks all day long. Now everything is banned and all the sheep have to be herded to the main city firework show. Yay. I remember when some assshat caused a massive fire that burned dozens of homes with fireworks. Should I be able to put a target up at a neighborhood park and shoot my AR? What state are you from With the Seahawks a avatar I assume he is from Washington and is probably high as a kite. |
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[#47]
Just so everyone is clear here is the actual ordinance.
Sec. 46-86. - Public nuisance and prohibition.
The possession, use, manufacture, sale, offer for sale, giveaway, or discharge of fireworks within the city limits, or within 5,000 feet of the city limits is hereby declared to be a common and public nuisance and <nonexistent 4th amendment violation goes here> it shall be unlawful for any person to possess, use, manufacture, sell, offer for sale, give away, or discharge fireworks within the city limits, or within 5,000 feet of the city limits. View Quote http://tx-cibolo.civicplus.com/DocumentCenter/View/184 ...OP seems to have taken some creative liberties. |
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[#48]
Quoted:
Except that this shitty excuse for a city can't even muster up a fireworks show. But they can afford 8700 signs to post on all the major roads and at the entrance to every subdivision. View Quote View All Quotes View All Quotes Quoted:
Quoted:
I remember the good old days when the entire neighborhood sat out on the front lawn and lit fireworks all day long. Now everything is banned and all the sheep have to be herded to the main city firework show. Yay. Except that this shitty excuse for a city can't even muster up a fireworks show. But they can afford 8700 signs to post on all the major roads and at the entrance to every subdivision. California? I know one of the local communities is trumpeting their $1,500 minimum fine and possible felony charges for use/possession of fireworks. The irony of risking losing one's rights and freedom for celebrating our freedom. |
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[#49]
Quoted:
Lots of municipalities allow it, yes. YMMV View Quote View All Quotes View All Quotes Quoted:
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Quoted:
They are using fire inspection laws I'm assssssssuming. So it's lawful for a fireman to demand entry and inspection of your home without a warrant? Lots of municipalities allow it, yes. YMMV And, that's been true for Department of Natural Resources(or its equivalent) for decades. I've had my shed or garage broken into by one of them several times. I had a freezer in my shed that you could see from a window, so they would kick in the door to check for game meat. Seattle is now doing something like that to renters. The mayor claims the city has the right to kick in the door of any residential rental property to verify that they have heat, hot water, smoke detectors, etc.. The mayor claimed minorities were too stupid to know if, for example, they had running cold water without having a city employee tell them that they do.z |
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[#50]
Quoted:
I remember when some assshat caused a massive fire that burned dozens of homes with fireworks. Should I be able to put a target up at a neighborhood park and shoot my AR? View Quote View All Quotes View All Quotes Quoted:
Quoted:
I remember the good old days when the entire neighborhood sat out on the front lawn and lit fireworks all day long. Now everything is banned and all the sheep have to be herded to the main city firework show. Yay. I remember when some assshat caused a massive fire that burned dozens of homes with fireworks. Should I be able to put a target up at a neighborhood park and shoot my AR? None of that justifies your apparent disregard for constitutional freedom and the bill of rights. They can fuck off to hell. |
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