Tree Ordinance for Belmont?

Tree Ordinance for Belmont?

There are 66 comments on the mybannernews.com story from Mar 1, 2009, titled Tree Ordinance for Belmont?. In it, mybannernews.com reports that:

One code being reevaluated is Belmont’s Tree Ordinance. The city’s Tree Board met last week taking steps to strengthen regulations that preserve mature trees.

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BardDeBelmont

“I Seek Not?”

Since: Aug 08

Belmont

#66 Apr 2, 2009
David Ferrand wrote:
<quoted text>
Actually, I believe that local laws can supercede state/federal laws if a local government want to provide an even higher level of protection.
Sorry David. Local can NEVER supercede state or federal laws in conflict. It protects the minority within each community.

The term, "Unconstitutional".

Individual rights always win in reference to the Constitution.

Otherwise we're simply an authoritarian form of government.

Pharisees can hem and haw as long as the money lasts.

But when the Constitution is being subverted the Courts ain't the answer.

Revolution IS per the Declaration of Independence.

THe REASON?

They HAD to get the People to fight for something.

“.”

Since: Aug 08

Belmont, NC

#67 Apr 4, 2009
I'm not talking about when there's conflict between local and state/federal laws...If a local law takes a federal regulation *further* and provide higher levels of protection. I realize that this isn't often the case, but I believe it would be legal if it was.
Here's a fictitious example: federal law says you have to leave 50 trees per acre when you clear land for development. A local law says 75...in that community, the local law would hold sway.
Guido

United States

#68 Apr 4, 2009
David's right. A Federal Law is like a minimum standard - any local jurisdiction can make it more strict.

BardDeBelmont

“I Seek Not?”

Since: Aug 08

Belmont

#69 Apr 4, 2009
Guido wrote:
David's right. A Federal Law is like a minimum standard - any local jurisdiction can make it more strict.
Yes, David is smart. He is correct. Guido you said it as simple but as correct as any.

However, in the instance, you have to take the rights of the individual in to consideration. IN other words, does the ordinance or law conflict with the individual's rights. IN this case, the individual has a right to enjoy his property to its fullest extent without impeding upon the collective rights or the rights of others.

IN the smoking instance, there is a leaning towards the rights of others being encroached by the individual.

However, in the tree ordinance, you have a different set of variables. Plus property law too. With this in mind the shortcut is the individual has better positioning due to the potential FOR conflict. Simply, I can enjoy my property where no one is at risk other than me.

The smoking? well you can see in this aspect, I cannot enjoy my cigarette without endangering publick health.

Fines Lines but they exist.

Bottom Line is what a jury decides whereas thy Bard believeth deeply in his people's wisdom. I am their servant and they my muse.

But the level of intelligent conservation is a refreshing change.

Very difficult day playing with doctors.
Guido

United States

#70 Apr 4, 2009
Bard - I support property owner's rights as much as any body - including yourself. But sadly, individual's rights to do do with their property as they see fit are being stripped away by the government each and every day. This will continue until people wake up - but that won't happen until the govt takes away something that matters to them - like their wine spritzers and cheese. The smoking ban is the poster child for this phenomenon. Contrary to public opinion, a restaurant is NOT a public place - it is privately owned and the owner should be allowed to decide what can and can't be done within it - as long as it is legal, and the last time I checked, smoking was still legal - at least for now.

BardDeBelmont

“I Seek Not?”

Since: Aug 08

Belmont

#71 Apr 5, 2009
Guido wrote:
Bard - I support property owner's rights as much as any body - including yourself. But sadly, individual's rights to do do with their property as they see fit are being stripped away by the government each and every day. This will continue until people wake up - but that won't happen until the govt takes away something that matters to them - like their wine spritzers and cheese. The smoking ban is the poster child for this phenomenon. Contrary to public opinion, a restaurant is NOT a public place - it is privately owned and the owner should be allowed to decide what can and can't be done within it - as long as it is legal, and the last time I checked, smoking was still legal - at least for now.
I agree on individual rights.

But the individual rights should not include your right to maximize profits. Case in point, the FDA and the nutritional health as a nation. In other words, individual rights do not extend to a business (breathe deeply), this is exactly where the Government does and should step in. We as a people confuse the rights of an individual versus the right to make a profit while both ARE rights... One does trump the other.

The Law is correct and is moving towards no-smoking and taking its time due to special interests lobbying. They are swimming against the tide of public opinion.

The Tree Ordinance is different in it is very hard to justify limiting an individual's enjoyment of his property and not endangering the body Publick.

It is a common mis-perception and one which has always been at odds in this country, hence Slavery.

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