the freedom to garden and protection of nature act

Upload: keary-prophet

Post on 02-Jun-2018

213 views

Category:

Documents


0 download

TRANSCRIPT

  • 8/10/2019 The Freedom to Garden and Protection of Nature Act

    1/5

    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,

  • 8/10/2019 The Freedom to Garden and Protection of Nature Act

    2/5

    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

  • 8/10/2019 The Freedom to Garden and Protection of Nature Act

    3/5

    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

  • 8/10/2019 The Freedom to Garden and Protection of Nature Act

    4/5

    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:

  • 8/10/2019 The Freedom to Garden and Protection of Nature Act

    5/5

    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.