Banned from the pond? I think not!

[xlandguy]

Was running today at local park. Park manager comes and tells me they have "decided" not to allow me to run my FE boat. (Been running it since this season opened up) I said basicaly ok, thats BS but thank you, you've done your job and delivered the message. But I continued to run, and will continue until a law enforcment officer tells me I am breaking the law with my "toy" boat. Cops were called before by someone unhappy with the boats, and cops said "you have a right to run your boats". They will have to draft an ordinance, not just arbitrarily make up rules. Call the police, do what you have to. Until the police tell me it is illegal, I will run.

[tlandauer]

Good for you for standing up your rights! I admire that very much.
Having said that, may I point out as Jim and Tony in the "Turtle" thread had pointed out that since we are at a disadvantage , so much depends on the good will of the park ranger/manager/workers. I have on two occasions been confronted by just such busybodies and I kept a stiff upper lip because i did not want to blow a small verbal warning into something a black-and-white would have to come----because let's face it, sometimes it is a "gray area" whether we can enjoy our boats or not. By having the cops come and finally have a "ruling" we risk losing it all together. (50-50 chance) A little bit of DIPLOMACY won't hurt. When people come up to me I always try to read their mind first--whether they are pro-boaters or anti-boaters. I have two sets of answers ready. For the first kind I tell them what a wonderful/rewarding hobby this is. For the second type I am guarded and uausually wait for them to speak up first so I can respond to them in an appropriate way.
"There is something so wonderful to see the boats glide over the water"---I was once told by a R/C pilot who happened to walk by the lake and watched as I was maidening my MissGeico. He decided to go into FE boats since that day.

[xlandguy]

I've had a good mix of both pro and con folks at this park. Not much to be done now but wait and see. There is now no rule at all about rc boats. Only real ones, they are banned too. Is an RC boat a "watercraft"? Is an RC boat a "toy" boat? Well see I guess. If I can find an attorney that would be interested in this for a reasonable fee, I would even be willing to explore that route.

[dana]

It will take some effort and time on their part to draft an ordinance against you... I can almost promise they're too lazy to go thru the effort. You just keep running that boat. I dunno why people think they own local ponds because they live near them....

[Make-a-Wake]

Kudos for standing up to him...............

I had the same thing happen, with some "enforcement" guy even going as far as asking my name, and I said "what's your name, where do you live" etc...............then basically told him he needed to get away from me.

Until a law officer with a badge talks to me, im not giving answers to anyone..........

[Basstronics]

Man that stinks. Give it a day and go into the park office before running and have a calm word with whomever is truly in charge there. Ask them what led to their decision. Then remind them this sign does not say anything against radio operated boats. Watercraft as defined there is something a passenger is in. Obviously nobody is a passenger in an r/c boat!

[xlandguy]

Well, this is certainly the place to find sympathy for my "cause" Just this morning some group is doing a mini triathalon at the park, and they have kayaks in the water. That is specificaly against the rules, I don't care, but why the selective enforcement. Its not really even enforcment against me, as there is no rule to enforce as of yet. Was told it is not "my" park. I live across the road, just as much "mine" as any other resident of the county, no?
Ordinance of township:
1. The Delhi Charter Township Parks and Recreation Commission (hereinafter called the "Commission") shall have power and authority to manage the township parks, recreational areas and designated public land areas. Subject to approval by resolution or ordinance adopted by the township board of trustees, the commission shall establish reasonable rules and regulations for the conduct of the public using said areas, and for issuance of permits for the use of facilities therein. Persons violating such rules shall be given verbal notice of such violation and, upon failure to comply with the terms of said rules, shall be deemed to be trespassers and subject to removal from the township park, recreational area, or designated public land area

2. No person shall bring into, use or navigate any boat, canoe, raft or personal watercraft or other watercraft upon any water course, lagoon, lake, pond or other water area located within or upon any park, recreational area or designated public land areas, except at such time or places as may be provided or designated for such purpose. All watercraft (except for specially constructed watercraft utilized in connection with township-sponsored activities or contests) shall comply with and be used in compliance with the Natural Resources and Environmental Protection Act, Part 801 (MCL 324.80101 et seq).

[Basstronics]

Heres a thought.

Instead of being defensive about this, go offensive.

Find out the next time the commission is going to meet. Show up with one of your boats. Tell them you want an ample place to run your boat as it is your recreational hobby and the park is a recreational zone. Emphasis this. Also tell them you are a resident and you do in fact pay your taxes and as such resident you deserve a right to use the public facility in a recreational manner. Then show them your boat. Explain it is electric, not gas or nitro. That it does not pollute.

They will probably assign you are area where you can run your boat.

[line6]

Um im no lawyer. but it clearly says (bring into, use or navigate any boat) to me that doesn't sound good for u. good luck hope it works out for ya.


Jason Sims

[T.S.Davis]

Jason's right. You're likely screwed. Interesting that you can't even float around on a cheesy blow up raft. What DO they allow? No form of recreation ON the water. You're allowed to fish from shore and look at it. Why have a pond?

[xlandguy]

Today however a group of folks were doing some kind of mini triathalon and had kayaks in the water??? Selective enforcement? I think so. This has happened several times this year, the triathlon's.

[dana]

Take photos of the kayaks. Fuel for your cause

[Drax21]

Let me tell you a story....... about 5 years ago all the boaters where I live use to go run on a lake owned by a fishing company. Every weekend loads of us would gather to run on this lake and we never had a problem except for frequency matches. The man in charge at that time even got the lake nationally registered as "The Boating Lake" Sadly that man got ill and could no longer support his fishing clubs so he sold the lakes and surrounding land to another chap. We continued to run on the lake for a while not expecting any changes but within a year FE and gas/petrol boats were banned. We tried putting up a fight, still running the boats as we thought he had no right. He then got the police involved. They told us if we used the lake for purposes other than fishing we would be arrested. A few members of the boating club still tried to run on the lake but they were arrested and eventually we all gave up. The Yacht club managed to persuade the owner with money for a while and they continued to use the lake on Sundays only. They were also later banned. The lake is still called "The Boating Lake" 5 years on...

Most of the FE, Gas racers and sport guys just gave up looking for another place and discontinued the hobby. The Yacht club was more determined and their funds were higher so they managed to buy a lake from a local quarrying company, one of the old clay pits, this being 4 years after the takeover of our original lake. Another lake had been found previous to this one but the car park is around 300 meters away(not good if your boat is huge and heavy) The new lake found in the quarry was larger than the previous lake and is a near perfect oval. Which is great for most of the classes we run in the UK. Thankfully this lake cannot be taken over by any fishing companies. So it's a happy ending

[dana]

Something about buying, and selling nature just seems, I dunno... Unnatural...

[tlandauer]

xlandguy, when you say a group of people running tiathlon, that is a highly visible event, hard to imagine the organizer didn't have permission from the park authority. My point is this, if I were in your case I will investigate this so when I confront the goons that bother me I won't be surprised when told"but they have permission."
But if the end result is that they force you to get permission, may be then you have an iron-clad right to enjoy your boat. Nothing is more upsetting than when you are in the middle of your passion and some guys come over and tell you "hey, you are not supposed to do that"
In the Republic of california I try to lower my visibilty, to me, stealth is the best offense! That is why the US has won all the recent wars!
Long Live USA!