Up Sucker Creek

Up Sucker Creek
Photo Courtesy of the Lake Oswego Library

Friday, May 20, 2016

Cut up the Constitution and Cut a tree


The Fourth Amendment 
 to the Constitution of the United States:

"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

In 1604 - four hundred, twelve years ago - Britain, concerned with an individual's privacy and defense, determined the government (the King and his agents) did not have the authority to subject citizens to searches without a warrant to do so, and with probable cause.

Fast forward to Lake Oswego, Oregon in 2016.  We are living in Mideaval times where government agents use any means necessary to control citizens from cutting down their own trees.  We haven't even caught up to 17th Century ideas of individual liberty, and freedom from a King who knows no bounds.

A section of our tree code, 55.02.050 Application for Permits:
1.  An application for a tree cutting permit shall be made upon forms prescribed by the City.
       
             b.  vii. Any other information reasonably required by the City.

1.  You MUST use City forms for your tree removal application.
b. vii.  The City can require ANY OTHER INFORMATION it deems reasonable.
Kind of locks one into a situation where anything goes for the city, and citizens are at their mercy - without any oversight from elected officials.

Look at the Tree Removal Application Forms.  Most cities have a simple one-page form with the normal who, what and where.  Otherwise it's a maze of questions that ends up giving the city staff reasons to approve or deny one's wish to cut down their tree.  The proposed amendments do nothing to simplify their ordeal.  (View the Tree Code Amendments on the city's Tree Code website.)

What other information does the city deem reasonable?  

Back to the 4th Amendment: The city requires one to sign a release that gives away the right of a homeowner to deny entry to the city for purposes of searching for illegal acts.

Reason for Removal:_______________________________________________

I grant permission to the City of Lake Oswego employees to enter the above property to inspect the trees requested for removal and investigate any trees that may appear to have been already unlawfully removed.  I agree to restrain any dog(s) on inspection day.


____________________________________________________
Signature of Property Owner

From Findlaw.com:
Police may search your property without a warrant if you consent to the search. Consent must be freely and voluntarily given, and you cannot be coerced or tricked into giving it. - See more at: http://criminal.findlaw.com/criminal-rights/searches-and-seizures-the-limitations-of-the-police.html#sthash.RX9EuAbL.dpuf


PROPERTY OWNERS SHOULD NOT HAVE TO 
GIVE UP THEIR RIGHT TO DENY AN UNLAWFUL SEARCH IN ORDER TO  
TO ENGAGE IN A LAWFUL ACT -  
TO CUT DOWN YOUR OWN TREE 
ON THEIR OWN PROPERTY!

"Reasonable" is a one-page, single sided, who, what and where application.  

It's your property after all! 

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