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Author Topic: Teal Lake  (Read 2645 times)

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Redrover

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Re: Teal Lake
« Reply #15 on: May 18, 2017, 03:11:38 PM »

Just hand out a coupla nice tickets to show you mean business.

That Sheriff boat was born for it.
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Vertigo

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Re: Teal Lake
« Reply #16 on: May 18, 2017, 09:04:57 PM »

Michigan DNR has had Lawyers looking at the ordinance for 9 months. The lake is 505 acres, bigger than little shag and big shag combined. I have not heard of anybody getting chopped or killed on any of these lakes. It seems as though its never had motors so never should is about the best reasoning anybody can come up with. Just seems like with the highway going along the lake its not a pristine wilderness experience. If folks want that a short drive to Craig lake should fit the bill nicely. I think the only point that can be agreed upon right now is this will be coming up again.
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Kevin Goodman

Vertigo

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Re: Teal Lake
« Reply #17 on: May 18, 2017, 09:35:22 PM »

Another thing to consider is the ordinance is two tiered not only operation of only electric motors but also that launching anything beside electric motor driven craft is also prohibited. As the ordinance reads nothing other than electric motors is allowed. This would include ice fishing snowmobiles, atv and vehicles would be prohibited.
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Kevin Goodman

SnIpEr

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Re: Teal Lake
« Reply #18 on: May 18, 2017, 11:38:57 PM »

Oh the just because it never happened yet argument. We could make a list a mile of things that never happened before but eventually did. Ban everything on the lake, I would vote for that too.

moosekiller99

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Re: Teal Lake
« Reply #19 on: May 19, 2017, 06:45:17 AM »

The Marine Safety Act mentioned in the April DNR letter was preceded by the Motorboat Act of 1962 which expressly removed the power to enact regulations on vessels on all Michigan public waters from cities and townships and exclusively gave such authority to the "motorboat committee".  Then Attorney General Frank Kelly's AG Opinion in that same year agreed and determined that all local ordinance regulating vessels were repealed by this law.
In the most recent case former Judge Weber refused to consider the motorboat act and the AG opinion mentioned above. He made his decision not on the law but on purely political considerations.  Judges like to be re-elected. Unfortunately the decision was not appealed to the Court of Appeals, which would have reversed Weber's ruling and declared the Teal Lake Ordinance a nullity.
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Redrover

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Re: Teal Lake
« Reply #20 on: May 19, 2017, 08:57:00 AM »

Weber should not have been deciding the case as he was a Negaunee Boy with an obvious axe to grind.

No enforement by thte police this winter makes it a discrimination case and it will be easy to appeal it the heck out of here where Frank Kellys Legacy of Freedom for Boaters will enact itself....
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Al the Infidel

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Re: Teal Lake
« Reply #21 on: May 20, 2017, 01:03:49 PM »

This town is getting as lame as Marquette !!!  :nuts:

Must be getting pretty bad then. Been awhile since you had commissioners physically squabbling outside the meeting though eh? Or was the Ishpatoon, I always get em mixed up.  :poke:

I always thought the no wake speed the best idea but enforcement is the hard part. On AuTrain we get jet/water skiers quite a bit after hours and pontoon drivers coming within 50'  on their evening scenic tour with friends with drinks in hand wondering why that asshole with the fishing poles is blowing his air horn at em.
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Al Johnson~ SEMPER FI

Vertigo

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Re: Teal Lake
« Reply #22 on: May 21, 2017, 08:06:02 AM »

Cost of the Launch renovation 75,000.00. The State is really not saying the City can not have an ordinance but that the City should be contacting the State with their wishes. Restrictions involving wake or horsepower would also involve riparian landowner input/ consent as I understand it, if the current ordinance is ever appealed.
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Kevin Goodman

moosekiller99

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Re: Teal Lake
« Reply #23 on: May 21, 2017, 04:59:04 PM »

No. The DNR is correcting stating that the Teal Lake ordinance is invalid. The ONLY way for a City or Township can have an ordinance regulating watercraft is if the city requests the to DNR consider special regulations for Teal. If the DNR agrees the city may then submit a proposed ordinance for approval by the Department. If approved then the City is free to enact the Ordinance.  Just trust me on this one.
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Redrover

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Re: Teal Lake
« Reply #24 on: May 22, 2017, 08:13:52 AM »

Can Negaunee tell the DNR they choose not to enforce in the winter though so go ahead with the
augers,
snomobiles,
atvs,
snowplows
and cars?
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moosekiller99

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Re: Teal Lake
« Reply #25 on: May 22, 2017, 02:30:32 PM »

Sure, the City could decline to enforce its own laws.  No governmental entity, be it Fed, State, County,City or Township is required to enforce anything.  The police cannot be sued in a civil case for not arresting a drunk driver that they stop, who later kills someone with his or her vehicle.  (Case in Flint Mi awhile ago)
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Redrover

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Re: Teal Lake
« Reply #26 on: May 22, 2017, 02:45:24 PM »

Declining to enforce laws at certain times to the advantage of certain people when we should all be equal really will be the issue here.

Seems like Negaunee is setting itself up to make a big payout to someone someday soon...
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moosekiller99

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Re: Teal Lake
« Reply #27 on: May 22, 2017, 06:03:16 PM »

The sorry thing is that the City won't have to pay one plug nickel to anyone ever for its unlawful exercise of control over the lake.   Two reasons:  1) Governmental immunity and 2) the Teal Lake Ordinance is presumed valid until a Court decides it isn't.  More the 2nd reason than the first.
The real problem is the 2 Councilmen that changed their votes after first voting at an earlier meeting to repeal.  They and the other  two no voting councilmen need o be replaced at the next election. 
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