Thursday, 25 April 2024

McMahon: No middle ground in measures O and P

I will be voting no on measures O and P in November and I want to explain why.

Among the many problems with both these ordinances, Measure O contains a fatal flaw.

This measure actually prohibits residents of Lake County from reporting violations. Yes, it’s true!

Unless you live or work within 600 feet of a noncompliant grow, you are prohibited from reporting it. Live 601 feet away, too bad.

If your child goes to a friend’s house that is 200 feet away, you can’t complaint. If there is an illegal grow 100 feet from the neighborhood playground you are prohibited from complaining

Read Section 72.12(a) to see for yourself.

The pot growers claim it's to stop people from reporting violations that don't affect them. I say, it doesn't matter! A violation is a violation.

If you're serious about compromise, why restrict who can report violations?

To make matters worse, even if you are “allowed” to report the violation the only recourse is a letter to property owner/occupant.

The only way a noncompliant grow even gets a mandatory visit from the enforcement agency created by the measure to enforce it is if there is a second, independent complaint within 15 days of the first complaint, otherwise, even if a grow is in violation the only enforcement action is a written notice.

You can’t even report it to the sheriff’s department. Read Section 72.12(b) to see for yourself.

No anonymous complaints will be allowed and you will have to report any violations in writing. They claim they will protect your identity if you make a complaint, but I don’t trust the pot growers to have my best interests at heart.

And if by chance the case goes to criminal court and you are deemed a witness they may be obligated to release your identity under California state law (Ca Evidence Code Section 1042(d)) regardless of the claims in the ordinance.

If anonymous reports were allowed, that couldn’t happen. Read Section 72.12(a) to see for yourself.

We can come to a middle ground, but neither of these measures are it.

There are plenty of reasons to vote no on both of these ordinances, but in my opinion this is the most serious. There isn’t one other ordinance in the county that has such reporting restrictions. 

Any legitimate ordinance should allow any citizen to report violations. Measure O severely restricts your rights to report even blatant violators.

Under Measure P there would be no violations.

Any legitimate ordinance should prohibit convicted felons from growing marijuana. Neither of these do.

Any legitimate ordinance should have an immediate abatement process, neither of these ordinances do.

Where’s the compromise?

We can fix the problem, but only if we work together.

Passing either of these ordinances will put us right back to where we were with unregulated and unenforceable growing in our neighborhoods.

Please join the Lake County Farm Bureau, Lake County Chamber of Commerce, Lake County Deputy Sheriff’s Association, and me in voting no on measures O and P.

You can get more information at www.protectourlakecounty.com .

Patrick McMahon lives in Middletown, Calif.

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