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James
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  Quote James Replybullet Topic: Wood Clearing & Debris
    Posted: 25 Jan 2012 at 11:46am
Here is a question for our membership, I am sure someone knows.

In my neighborhood (and of course many others) there are trees down still weeks after our storm. Some are big some are small, many have branches and are blocking lanes of traffic causing cars to take turns using the only open lane. A few spots in the neighborhood have become not just annoying but dangerous as the are on curves and hills and I have seen close calls between cars almost hitting each other.

Like state farm I figured I would be a good neighbor and go out with the van, trim branches, logs etc. and move them to the side of the road so cars can get by. I had cones and little triangles so folks would see the area we were working on. Of course while we were moving a big set of branches off the road, a county police officer pulled up to let us know that we could not move the debris and that it had to stay where it was. He recognized that it was blocking the roadway but explained that we can move it unless we are a state approved agency. Since I knew one of the home owners that lived where this took place (they are old) I explained I was actually helping them out and they knew I was doing it and had approved and were thankful. He explained that it did not matter and that not even the homeowner was allowed to clear the debris since it was now on public property. I was going to argue that the road being in a home owners association is private and as a home owner technically I pay to maintain the road and so therefore we are owners of both property but I did not feel like arguing since that never ends well with me and johnny law. I put the tools away and as we were preparing to leave I asked the officer if I should pull the branches back out into the road where they were before we came... He said whats done is done, you will get your ticket in the mail regardless at this point.

I was a bit shocked since I had no idea a ticket was even in the works at this point. I will admit I let the officer know that was a little out of line and at that point he reminded me that the ticket could turn into much more, vehicle blocking a roadway etc... so I shut my mouth thanked him for his kind involvement and left.

So why the post? Well I could care less about public opinion on the matter, it seems like everyone in this state is batsh*t crazy about stupid legalities anyway. I posted because I was hoping I could find out the exact legislation I violated and what I might be cited with while I wait for my ticket in the mail.

Any thoughts? I have been hunting online without any luck. The incident was in Un-Incorporated King County and it was a county patrol car.
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  Quote mokelumnekid Replybullet Posted: 25 Jan 2012 at 1:09pm
Holy smokes wtf? This story tops even the one of people being given tickets at FG recently while simply trying to get off the river in a snow storm! I'm hoping officer a-hole was just bluffing about the ticket.....
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  Quote water wacko Replybullet Posted: 25 Jan 2012 at 5:02pm
I'd have the officer (and his sgt) subpeona'd. toolbag
"Don't ask yourself what the world needs. Ask yourself what makes you come alive, and go do that, because what the world needs is people who have come alive." ~Howard Thurman
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  Quote jP Replybullet Posted: 25 Jan 2012 at 7:24pm
I was ready to shrug it off as I continued reading. The officer informed you you couldn't "be a good neighbor", this human world gets more and more ridiculous by the day, but oh well, ect.

But a ticket? That's fu*ked up. Regardless of whatever info you do or don't find, definitely contest this. That's fu*ked. Obviously the local government is treating the incident (good samaritan clearing wood) as a revenue generating opportunity, instead of looking at it as a way of saving money (less calls for WSDOT to respond too, less accidents, ect.).

Maybe we need a flood so great that it can swamp Fairwood and wash the wood away that way like on the Green river wood thread-maybe wash some human debris away also. But I guess I shouldn't wish for that until you got your Squirt-Ark ready for you, your fam, dogs, and favorite neighbors.

That stuff pisses me off.
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  Quote jP Replybullet Posted: 25 Jan 2012 at 7:27pm
Gotta say you suckered me right in w/ the thread title-
Hope you don't got to pay a ticket. That seems like it shoulda been a warning if that. I mean, I think you shoulda been allowed to proceed w/ your noble operation. Society is so sickly out of whack.
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  Quote James Replybullet Posted: 26 Jan 2012 at 9:10am
I'll contest it and again I was really just hoping that someone might know the specific legislation. There is a part time police officer that works at one of our branches that I spoke with about this and he said they have been giving alot of warnings and a few guys have written citations but he did not know what the exact legislation was. He did mention that if you actually take the wood it turns into illegal harvesting and theft too, so I guess it is good I never put any in the van!!!!
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  Quote James Replybullet Posted: 26 Jan 2012 at 1:58pm
 I am impressed your neighbor even said thank you... I would have figured he would have just passed it off, you know. "Hey ho, thank the man, now get back to work and find some trix"
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  Quote James Replybullet Posted: 26 Jan 2012 at 2:19pm
Either the economy is hosed or there is a small oasis of absolute arboriculturalbliss that has attracted folks to invest in an undervalued community because it features a stunning selection of saplings and a veritable multitude of masterly manicured maples!


Probably the economy...
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  Quote Travisimo Replybullet Posted: 26 Jan 2012 at 2:21pm
Ahh, no good deed goes unpunished...

I did the exact same thing here in Mukilteo and had a Police officer stop to help me, he was thankful that I had power tools.

The lesson here is that Police vary widely and can use their discretion.  There are two reasons to become a cop:

1) to help the public
2) to bully the public

In my experience one is much more prolific than the other.  Contact me if you want help with the courts, I know a really good lawyer.  I hate when this kind of thing happens, as it has happened to me far too many times.
H2O please
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  Quote Wiggins Replybullet Posted: 26 Jan 2012 at 3:23pm
I know there is a law for clearing debris from the road, but I have never bothered to look it up, and don't ever want to.

Blocking the roadway intentionally is actually Disorderly Conduct which is a misdemeanor criminal charge. If the deputy wanted to give you a civil citation instead he could have gone with Illegally Stopping/Standing on roadway. I'll have to look in my pocket RCW to see what else I can come up with, but this whole thing is pretty stupid.

The theft would have come from the fact that it was not your yard, but only if the neighbor's did not give you permission to take the wood. What Brian did was probably not a chargable violation as long as he did not block the road because technically he was collecting his property. This would be no different than someone pulling their garbage can back into their yard after it blew into the street.

The private property issue maybe a valid defense here for several reasons. Private roads are maintained by private parties, and anyone who can claim to have an interest in them can do work on them. Furthermore if the officer cited you for Illegally Stopping/Standing he had no authority to do so because most of title 46 traffic laws are not enforceable on private roads. However a lot of private communities turn their roads over to the county to get more police presence and to avoid having to maintain them. If this is the case where you live then you are hosed.

That being said I have never even given a warning for this. In fact I have used my patrol car to block traffic while I have helped people do exactly what you did.

Trees and roadkill don't last long on the side of the road up here!

Kyle
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  Quote huckin harms Replybullet Posted: 26 Jan 2012 at 4:07pm

darn James,

it never ceases to amaze me how the cop' crap can roll down on your pad.  Its absolutely insane to think this cop would have a problem with what your doing until he sees who it is and then decides to go into crazy mode.  It's like the pooh bear running to the empty honey jar.  For just a moment its all good until pooh realizes the jar is empty.  Then Pooh gets all pissed off, throws the jar down, shattering it into a million little pieces.  You be the jar.  Sorry dude... hopefully you smart this toad in some other way. 

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  Quote JoesKayak Replybullet Posted: 26 Jan 2012 at 4:14pm
Originally posted by Wiggins

I know there is a law for clearing debris from the road, but I have never bothered to look it up, and don't ever want to.

Blocking the roadway intentionally is actually Disorderly Conduct which is a misdemeanor criminal charge. If the deputy wanted to give you a civil citation instead he could have gone with Illegally Stopping/Standing on roadway. I'll have to look in my pocket RCW to see what else I can come up with, but this whole thing is pretty stupid.

The theft would have come from the fact that it was not your yard, but only if the neighbor's did not give you permission to take the wood. What Brian did was probably not a chargable violation as long as he did not block the road because technically he was collecting his property. This would be no different than someone pulling their garbage can back into their yard after it blew into the street.

The private property issue maybe a valid defense here for several reasons. Private roads are maintained by private parties, and anyone who can claim to have an interest in them can do work on them. Furthermore if the officer cited you for Illegally Stopping/Standing he had no authority to do so because most of title 46 traffic laws are not enforceable on private roads. However a lot of private communities turn their roads over to the county to get more police presence and to avoid having to maintain them. If this is the case where you live then you are hosed.

That being said I have never even given a warning for this. In fact I have used my patrol car to block traffic while I have helped people do exactly what you did.

Trees and roadkill don't last long on the side of the road up here!

Kyle




The ending remark about roadkill struck me as funny next to your "I smell bacon" signature.


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  Quote Wiggins Replybullet Posted: 26 Jan 2012 at 5:02pm
That would be more like "I smell backstrap."

Kyle
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  Quote chipmaney Replybullet Posted: 26 Jan 2012 at 6:39pm
Originally posted by Wiggins

That would be more like "I smell backstrap."

Kyle


that depends on whether the roadkill is a wild boar, course, we don't live in Texas....
---------------------------------------------

in terms of needing a lawyer, i'm guessing you go to court without a lawyer and explain yourself to the judge, who won't be total a**hole like this f**cking Pig (no offense Wiggins) and will just dismiss the charge....

of course, your still out time and angst, which is still very annoying....

i'm with JP, why can't people just act straight?
sitting all alone on a mountain by a river that has no end
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  Quote jP Replybullet Posted: 26 Jan 2012 at 8:56pm
Originally posted by Wiggins



Trees and roadkill don't last long on the side of the road up here!


                                          
Reminds me of when Wacko, Sopboater, n whoever else was with us got shut down rollin up 101 to hit Matheny n the Sitkum. A huge ass tree straight up fell down after a windstorm and traffic was backin up on either side. Eventually someone showed up with a 48" bar and chopped that sh*t up. Drivers from both sides of the barracade then teamed up (we all did) to move the fresh rounds off the road n out da way.

Kyle I gotta say its ALWAYS cool as sh*t to get the Law Enforcement perspective when thes topics crop up. And, , ain't it funny how often Nutty P is in the middle of it? I mean, not funny for you, James, but ya gotta admit: you gotta knack for ending up in these little episodes.

I guess its cuz you fight the good fight. And its one of the readons I admire you, bro.
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  Quote jP Replybullet Posted: 26 Jan 2012 at 9:10pm
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  Quote jP Replybullet Posted: 26 Jan 2012 at 9:13pm
Never mind- thought I wrote the link in impeccably, but it just launches the url to this page again. Weird. I'm bummed.

James, this happens a lot. And this time I'm confident its not me. There's a bug in the code somewhere. Hate to harp on it cuz family guy is busy, but... My link was correct and my url brackets, I thought, were correct also. So why does it trigger another copy of this page?

Dude, ultimately technology is a let down. Block the road with hella more trees- I don't give a fu*k. Goin boatin tomorrow n get away from this geek machine "in the palm of my hand" that is really the short end of a very long Google Stick.

Edited by jP - 26 Jan 2012 at 9:17pm
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  Quote WA-Boater Replybullet Posted: 27 Jan 2012 at 8:27am
James-
Hit me up if you need a lawyer. I might know someone who will get ya pro bono.
 
Darren

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  Quote justin Replybullet Posted: 27 Jan 2012 at 9:07am
JP- have you tried Omitting the http, that usually works for me.
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  Quote James Replybullet Posted: 27 Jan 2012 at 10:31am
I am guessing it was the spaces that were being added to the end of the URL. JP

Darren: I might know the attorney that you are thinking of, I am going to go this one alone just like the ones in the past. I enjoy reading up on the laws, and then going to represent myself, and judges usually have the reason to understand these types of matters vs. clear infractions ie speeding, or matters of obvious infraction.

---- Massive Rant Removed ----

You should all count yourselves lucky that I had a moment of clarity, allowing me to remove a somewhat massive rant!   :)

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  Quote BRoss Replybullet Posted: 27 Jan 2012 at 11:10am
Just don't let this infraction give you an infarction!

Feeling punny, my apologies
"That boated a lot better than it looked." "It always does until it doesn't."
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  Quote James Replybullet Posted: 27 Jan 2012 at 11:26am
nahh - I enjoy this type of stuff, which is what part of the rant was about that I removed. I don't go looking for police infractions or "run ins" but when Johnny harasses me, I don't have any problem making it known that I will fight the good fight!
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