Tiki Central / California Events / OC Beach Burn - Duties & Roll Call
Post #175174 by Krustiki on Wed, Jul 27, 2005 3:54 PM
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Wed, Jul 27, 2005 3:54 PM
ATTENTION ALLEGED TIKI CONCFLAGRATIONIST. The alleged crimes the OC Tiki arsonists may have been overstated. There is not a $1500 fine. If the fire in the pit violates the following... "Fires shall at all times be maintained in a safe condition that does not threaten any person, natural or structural feature" (California Code of Regulations, ...it is punishable by, upon conviction, a maximum of 90 days in the hole and a maximum of $1000 fine. Also the prosecuting attorney may reduce the misdemeanor to an infraction, punishable by a fine of not less than $10.00, nor more than $1000. (Public Resources Code 5008) I, Krustiki for the Defense, contend that the fire does not violate the aforementioned codes,was conducted in a safe matter,and did not threaten any person, natural or structural feature. I move that this case be dismissed for lack of merit. If my motion is dismissed, I move that the violations be reduced to an infraction, with the minimum penalty of $10.00 I demand that all charges be dropped, except for those who have already professed their guilt. For them, I will file the appropriate appeal, file a writ of habeas corpus and arrange bail. Sometimes you just have to keep the "Smokies" in line. All Codes And Regulations are listed below. TITLE 14. Natural Resources No person shall (a) light, build, use, or maintain a fire within a unit except in a camp stove or a fireplace provided, maintained, or designated by the Department for such purpose. Portable camp stoves may be used in portions of units approved by the Department. (b) Fires shall at all times be maintained in a safe condition that does not threaten any person, natural or structural feature. NOTE Authority cited: Section 5003, Public Resources Code. Reference: Section 5008, Public Resources Code.#################################################### Public Resources Code
(b) The director may designate any officer or employee of the department as a peace officer. The primary duties of the peace officer shall be the enforcement of this division, Sections 4442 and 4442.5, the rules and regulations of the department, Chapter 5 (commencing with Section 650) of Division 3 of the Harbors and Navigation Code, the rules and regulations of the Department of Boating and Waterways, Chapter 2 (commencing with Section 9850) of Division 3.5 of the Vehicle Code, and Division 16.5 (commencing with Section 38000) of the Vehicle Code and to arrest persons for the commission of public offenses within the property under its jurisdiction. The authority and powers of the peace officer shall be limited to those conferred by law upon peace officers listed in Section 830.2 of the Penal Code. (c) The department shall protect property included in the California recreational trail system and the property included in the recreational trail system under Section 6 of Chapter 1234 of the Statutes of 1980 from damage and preserve the peace therein. The primary duties of any officer or employee designated a peace officer under this section shall include enforcement of the rules and regulations established by the department under subdivision (l) of Section 6 of Chapter 1234 of the Statutes of 1980 and the arrest of persons for the commission of public offenses within the property included in the recreational trail system under Section 6 of Chapter 1234 of the Statutes of 1980. (d) Any person who violates the rules and regulations established by the department is guilty of a misdemeanor and upon conviction shall be punished by imprisonment in the county jail not exceeding 90 days, or by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment, except that at the time a particular action is commenced, the judge may, considering the recommendation of the prosecuting attorney, reduce the charged offense from a misdemeanor to an infraction. Any person convicted of the offense after such a reduction shall be punished by a fine of not less than ten dollars ($10) nor more than one thousand dollars ($1,000). (Amended Ch. 1027, Stats. 1987. Effective January 1, 1988.) HISTORY
Hey Hey Kids! [ Edited by: Krustiki 2005-07-27 15:54 ] |
