Nuisance Laws & Lack Of Permit Enforcement Define OWS

Where are the Health & Safety inspectors in reviewing the OWS areas?

Where are the Fire Marshals?

Where are the government issued permits to be on these premises for these periods of time?

What permit is issued for the agenda to disrupt and stop the activities of a city with an economy based on capitalism?

Tea Party is solely political, gets the requisite permits, holds our event, and goes home. Make sure you appreciate this, oh Communist left, that the Tea Party gets, and pays for all the permits required to assure order and enough heads-up warning to public services to make sure, that if needed, public services are ready to respond.

Occupy groups across the country fail to pursue or follow any of these requirements, in light of their most notable difference: long-term occupation of an area. This should be a red flag of the most significant size, that these people fail to comply with the law is not a protest movement but a defiant act of rebellion against the way of life of a far greater number of citizens in the city than this plurality represents. As in Wall Street, many are not even citizens of New York, merely came to join in the activity.

Further, note that this duration of occupation entirely fails to assure public safety by the premises they occupy being regularly being inspected by public safety officers, in light of them being on private property that allows public access, and thereby application of public law (i.e. Zuccotti Park).

Fire Marshals need to have constant access and review of these premises, even though in the open air, to inspect them and assure that the amount of occupancy doesn't exceed the amount that can reasonably occupy the space as a matter of public safety, to protect the protestors as well, assuring they not create a public danger or become menacing to the public, not to mention the need for adequate sanitation. Some examples of reasons why we need this, chemical bomb,, rape of a 14 year old,, Antisemitism Of course the last one needs to also include that they are abusing a senior, they are claiming they have rights over others to speak, to “make others think” in the same way as the Hitler's “Youth Corp,”

So while the media wants a comparison, let's make sure that the legal angles of these groups are covered as well, and start calling upon our local public servants to begin enforcing nuisance laws:

In New York:

New York New York City Administrative Code(new) - Chapter 1 - § 17-142 Definition of Nuisance”

§ 17-142 Definition of nuisance. The word "nuisance", shall be held to embrace public nuisance, as known at common law or in equity jurisprudence; whatever is dangerous to human life or detrimental to health; whatever building or erection, or part or cellar thereof, is overcrowded with occupants, or is not provided with adequate ingress and egress to and from the same or the apartments thereof, or is not sufficiently supported, ventilated, sewered, drained, cleaned or lighted in reference to its intended or actual use; and whatever renders the air or human food or drink, unwholesome. All such nuisances are hereby declared illegal.”-

Los Angeles:

Construction in residential areas is limited to the hours of 7 a.m. to 9 p.m., during the week, and 8 a.m. to 6 p.m. on Saturdays. It is banned on Sundays (LAMC 41.40).

Noise: No instrument or sound-producing device should be audible more than 150 feet away from the boundary where it is being played (LAMC 112.01(b))
Car Alarms must become automatically silenced within five minutes (LAMC 114.08)

Trash: Properties must be free of trash, debris and overgrown vegetation (LAMC 91.8104)

Yard Sales: A maximum of five 2-day yard sales are allowed per year. Sale items must be used only, no new merchandise. Sales are not allowed on sidewalks or streets. Hours are limited from 9AM - 5PM (LAMC 12.03)

Home Auto Repair: Other than minor emergencies, which must be completed within 24 hours, all auto-repairs should be done in an area that is entirely enclosed from view. (LAMC 12.21A1(a))

Inoperative Vehicles: Non-working vehicles must be stored in a garage or area not viewable from a public street, not in a driveway (LAMC 12.21A8(b))

Parking in Alleys: Except for emergency vehicles, parking is never allowed in alleys (Vehicle Code 22951)” --

Chicago's Disorderly Conduct (Nuisance) Law, In Pertinent Part:

A person commits disorderly conduct when he knowingly:

(a) Does any act in such unreasonable manner as to provoke, make or aid in making a breach of peace; or

(b) Does or makes any unreasonable or offensive act, utterance, gesture or display which, under the circumstances, creates a clear and present danger of a breach of peace or imminent threat of violence; or

(c) Refuses or fails to cease and desist any peaceful conduct or activity likely to produce a breach of peace where there is an imminent threat of violence, and where the police have made all reasonable efforts to protect the otherwise peaceful conduct and activity, and have requested that said conduct and activity be stopped and explained the request if there be time; or

(d) Fails to obey a lawful order of dispersal by a person known by him to be a peace officer under circumstances where three or more persons are committing acts of disorderly conduct in the immediate vicinity, which acts are likely to cause substantial harm or serious inconvenience, annoyance or alarm; or

(e) Assembles with three or more persons for the purpose of using force or violence to disturb the public peace; or

(f) Remains in the public way in a manner that blocks customer access to a commercial establishment, after being asked to clear the entrance by the person in charge of such establishment.

(g) Appears in any public place manifestly under the influence of alcohol, narcotics or other drug, not therapeutically administered, to the degree that he may endanger himself or other persons or property, or annoy persons in his vicinity; or

(h) Carries in a threatening or menacing manner, without authority of law, any pistol, revolver, dagger, razor, dangerous knife, stiletto, knuckles, slingshot, an object containing noxious or deleterious liquid, gas or substance or other dangerous weapon, or conceals said weapon on or about the person or vehicle; or

(i) Pickets or demonstrates on a public way within 150 feet of any primary or secondary school building while the school is in session and one-half hour before the school is in session and one-half hour after the school session has been concluded, provided that this subsection does not prohibit the peaceful picketing of any school involved in a labor dispute; or

(j) Pickets or demonstrates on a public way within 150 feet of any church, temple, synagogue or other place of worship while services are being conducted and one-half hour before services are to be conducted and one-half hour after services have been concluded, provided that this subsection does not prohibit the peaceful picketing of any church, temple, synagogue or other place of worship involved in a labor dispute.

(k) Either: (1) knowingly approaches another person within eight feet of such person, unless such other person consents, for the purpose of passing a leaflet or handbill to, displaying a sign to, or engaging in oral protest, education, or counseling with such other person in the public way within a radius of 50 feet from any entrance door to a hospital, medical clinic or healthcare facility, or (2) by force or threat of force or by physical obstruction, intentionally injures, intimidates or interferes with or attempts to injure, intimidate or interfere with any person entering or leaving any hospital, medical clinic or healthcare facility.

A person convicted of disorderly conduct shall be fined not more than $500.00 for each offense.” --

Major City examples of Progressive nuisance law that hasn't been applied to Occupy movements, and thereby, fails to assert the public right of every individual to the quiet, peaceful possession of your own person from having the views of others forced upon you, government capitulating and agreeing with the collective right to force itself on others. This seems irrespective of Freedom of Speech limits on government's encroachment, not limiting government from stopping others from forcing others to listen to what they have to say, encroaching on another's right to be left alone. It also must be noted that a group of people collected together in an area to spout the same message, in a setting without any time limits due to lack of permits, is an intentionally intimidating use of force to overcome a city's legitimate occupants, particularly when the stated agenda of “destroying capitalism” is the underlying theme of the group so organized. Apparently these cities fail to care that this situation easily oppresses the right of the individual not to listen or be affected by the actions of others, whose agenda they do not care about and wish to just live their lives.

This is why our city governments need to be contacted to enforce their nuisance laws, and if they do not, then administrative claims for damages need to be pursued, and, if ignored or denied, followed up with legal action that will compel the cities to either do their job, pay money, and/or cause those responsible to resign.

It is time the 53% and the Tea Party, who pay for the sidewalks and afford the tax benefits of those privately owning parks that are housing these vagrants, flex the muscle of their Capitalist contribution, or demand the city cease from issuing another bond, and collecting another tax. We are paying for this to go on, no matter what, and it's time these parasites were returned to the cesspool from which they crawled.

Thank you for reading,

Toddy Littman
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