the freedom to garden and protection of nature act
TRANSCRIPT
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The Freedom to Garden and Protection of Nature Act
We are working on combining these two concepts into one working initiative
Protection of Nature Act
The people have a natural,
lawful and unalienable
right to all things nature
has provided
The people are the sole
owners and regulators of
their natural and individual
mind,body and soul
These ideas and self
evident truths come from
and are based uponnatural human rights as
defined by the
constitution, the
declaration of
independence, the magna
carta, and the the U.N.
declaration of human
rights
We the people hereby
submit and ordain
There shall be no rule
making or legislation, that
would prohibit or
otherwise take away the
right of the people to
consume, cultivate, sell or
trade any natural plant.
There shall be no rule
making or legislation, that
would prohibit or
otherwise take away the
right of the people to heal
themselves naturally with
herbs, oils, tinctures or
any natural foods or
plants.
The Freedom to Garden Human Rights Restoration Act
An Ordinance to restore the natural Human Right to grow
and use plants for the basic necessities of life.
Whereas in the State of California, the People of the
County of Lake do hereby Find, Declare and Ordain as
follows:
When in the course of human events, it becomes
necessary for people to reaffirm and reestablish the
fundamental human rights with which they are naturally
endowed, and to assume among the powers of the earth,
the equal station to which the laws of nature and of
nature's origins entitle them, and to recognize a decentrespect for the opinions of humankind, requires that they
should declare the causes which compel them to come
forward toward the reestablishment of those rights.
We hold these truths to be self-evident:
That all humans beings are created equal. That human
beings are naturally endowed with certain rights, and that
among these are life, liberty and the pursuit of happiness,
and that to secure these rights, governments are
instituted, deriving their just powers from the consent of
the governed, and that whenever any form of governmentbecomes destructive of these ends, it is the right of the
people to re-declare and reestablish the inherent human
rights that would intrinsically correct such governmental
negligence, and to reconstitute such in a form as to them
shall seem most likely to effect their safety and
happiness.
Therefore,in accordance with the 9th Amendment of the
Constitution of the United States of America, Amendment
IX: "The enumeration in the Constitution, of certain rights,
shall not be construed to deny or disparage others
retained by the people.", and also in accordance with the
California State Constitution, Article 1 Declaration of
Rights, Section 21.:
..."This declaration of rights may not be construed to
impair or deny others retained by the people.",
and, also as consistent with County of Lake Ordinance
No. 2267 in relation to private property rights, and,
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There shall be no rule
making or legislation, that
would grant anyone the
privileges of patenting life
or any natural herb orplant foods, or natural
healing elements thereof
There shall be no rule
making or legislation, that
would allow the scientific
modification of seeds or
plants that would threaten
to destroy the existence of
age old seed genealogy,
breeds or the web of life ,or that would threaten to
take over a natural seed
or crop
There shall be no rule
making or legislation, that
would regulating or
mandating the people to
forcibly chemical cultivate
or process our food or
prevent the growing,
harvesting and storing of it
naturally
There shall be no rule
making or legislation, that
would allow massive
amounts of dangerous
chemicals to be sprayed
in our atmosphere, or to
otherwise poison our air
or food
There shall be no rule
making or legislation, that
would allow population
control or the mass
destruction of nature or
human life
whereas disregard and contempt for certain human rights
have resulted in barbarous acts which have outraged the
conscience of humankind, and, whereas in a world which
human beings endeavor to enjoy freedom of speech and
belief, and where freedom from fear and want has been
proclaimed as the highest aspiration of peopleseverywhere, be it here proclaimed that it has become
necessary to reaffirm and specifically re-constitute the
self evident inherent freedom to grow and use plants as
described herein:
Section 1., Findings:
That human beings are naturally endowed with
the fundamental self evident right to have and grow the
natural plants of this earth, and the naturally occurring
seeds thereof,
to be used for their own needs as individuals in pursuit oflife and in effort to live, and that such basic human rights
have been recognized and acknowledged to exist, and
that these rights are held in perpetuity outside of the
constitutional responsibility of a government to protect an
individual's right to engage in commerce.
Section 1.(a)
That all County of Lake
residents residing within the unincorporated areas of the
County who exercise the rights described in Section 1. of
this Act at their residence within said area, and are
compliant with Section
2.(a), and are gardening outside (outdoors) or in a
greenhouse (and notwithstanding any generally applicabl
urgency ordinance(s) specifically relating to water
conservation), are, as accorded in the paragraphs above,
necessarily exempt from any County permitting or other
County ordinances that would limit an individual's home
gardening efforts or abilities in conjunction with Section 1.
Section 1.(b)
That any law, to the extent that it would specifically deny
or disparage the human rights as described in Section 1.
of this Act is unconstitutional by both the FederalConstitutions 9th Amendment, and also by the State
Constitutions Article 1 Declaration of Rights, Section 21,
and by the fact that such self evident human rights are
held in perpetuity by the People.
Section 2.,Responsibilities:
Should neighbor complaints that are not related to Sectio
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All chemically cultivated
and genetically modified
foods must be labeled and
anyone creating or
growing or raising foods in
such away can not beimmune from prosecution
or lawsuits by courts, or
the people claiming to be
harmed from such foods
or practices
Any rule, regulation or
prohibition to the contrary
of this act are deemed to
be nullified by the adoption
of this act,
effective immediately
2.(a) herein, or that are not related to a specific medically
verifiable toxic health risk to the public arise as an official
complaint to the County as a result of an individual(s)
exercising the rights as described in Section 1., and
Section 1.(a), (and notwithstanding any effected party
choosing to seek remedy and or reparations by way oflitigation through civil proceedings), all the effected partie
shall be directed to mediation provided for by the County
of Lake, and if resolution between the effected parties
cannot be achieved in a reasonable effort to mediate (to
be determined by the appointed mediator), the effected
parties shall then continue mediation at their own expens
(to be equally divided between the effected parties) until a
resolution between the parties can be agreed upon, or
until one of the effected parties withdraws from the
mediation.
Section 2.(a)All who exercise the rights described in Section 1., and
Section 1.(a) of this Act, shall take reasonable care to
prevent environmental destruction, and are responsible to
mitigate any possible foreseen negative impacts on the
natural environments, and all persons who neglect such
practices shall be subject to the authority designated
under Section 2.(b) herein, but such remedies are to be
used to help individuals come into compliance with this
section and not to unreasonably burden individuals who
exercise the rights described in Section 1.
Section 2.(b)
The County of Lake Environmental Health Department
shall administer over individual circumstances that may
arise related to Section 2. and Section 2.(a) herein, but all
such administrative authority and compliance inquiries
shall be restricted to circumstances where a verifiable
neighbor (or resident of the county) complaint in writing
and signed by the complainant has been officially
registered with the county.
Section 3., Special Circumstances:
Any law, to the extent that it would
specifically deny or disparage the Human Rights asdescribed in Section 1. of this Act, (and notwithstanding
an individual in violation of using illegal gardening
chemicals, including but not limited to, certain pesticides,
herbicides, fungicides and fertilizers), is to be set aside
unless it can be determined that the individual
circumstance is occurring within the context of
"commerce" related activities as defined herein, or if
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an individual's violation(s) of Section 2.(a) of this Act are
to the extent of violating a criminal statute.
Section 3.(a)
This Act shall not apply in circumstances where (a)
private rental or lease agreement(s) (contract) exist(s)pertaining to the occupancy and or use of any private lan
unless such is otherwise specifically enumerated within
said agreement(s) (contract), or unless the agreement(s)
(contract) does not specify any conditions or agreement
pertaining to outside (or greenhouse) home gardening.
Section 4., Definitions:
(a) For the express purposes of this Act, the word
"commerce" shall be taken to mean:
The buying and selling of goods or services
in any form, and in direct reference to the exchange ofUnited States currency (or other such legally recognized
tender) for such goods or services.
(b) For the express purposes of this
Act, the words phrased as "compliance inquiries" shall
be taken to mean:
A written and delivered inquiry, and an in person inquiry a
to responding to (a) specific complaint(s), and to which
access to inspect private property shall only be in
circumstances where the respondent has voluntarily
agreed to and granted such access, or where on an
individual basis, a court order has provided for such
access.
(c) For the express
purposes of Section 1. of this Act, the words phrased as
"to be used for their own needs" shall be taken to mean:
For use as food, medicine, fiber, fuel, building materials,
environmental damage mitigation or other environmental
concerns, privacy, aesthetics or ambiance,
spiritual/religious requirement, (or other) basic necessities
of life.
(d) For the express purposes of Section 1. of this Act, the
word "natural" and the words phrased as "naturally
occurring" shall be taken to mean:Plant species and varieties of such that have
evolved in nature through the traditional pollination and
cross pollination processes, be that by wind/weather, or
animal (including human) assistance.
(e) For the express purposes
of Section 1.(a) and Section 3.(a) of this Act, the word
"greenhouse" shall be taken to mean:
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Any structure where the sun's light can penetrate at least
80% of the roof (ceiling or top) surface and that is
intended for and used for growing plants in.
Section 5., Severability:
If any provision of this Act or the application thereof to anperson or circumstance is held invalid, such invalidity
shall not affect other provisions or applications of the Act
which can be given effect without the invalid provision or
application, and to this end the provisions of this Act are
severable. The People of the County of Lake hereby
declare that we would have adopted this Act irrespective
of the invalidity of any particular portion thereof.