Live Steam Operator Needs Support

[usn ret]

I ran across an article in the Williams News, Williams AZ that the county is trying to shut down the Red Lake Junction Railroad because it is not permitted. While not prohibitted it is also not allowed???? Robbie is the chief engineer and can use support of fellow operators and fans of model railroading. The link is http://williamsnews.com/main.asp?SectionID=1&subsectionID=1&articleID=8749 If the link does not work the date of the article is dated April 7 2009.
I am a hobby machinist but I hate it when the government is out of control and starts stepping on the little guy just because it can. Who will be next?? The article in the Williams News lays out his delima and list his contact address. Please drop him a line.

Cliff

 

[Rico]

Okay, other than the injury liability I think this is absolutely ridiculous!
Geez, my neighbors don't care that I'm laying one one scale track in my yard, let alone the train crap in the bush!
I hereby declare this yard "Trainland". Please show your passports at the gate.

 

[Selector]

"Possession is nine points of the Law." The State and County possess the authority to regulate road usage, land usage, and all the other nause. If buddy was lucky to have gotten away with a blind-eye approach for so long, he should be somewhat thankful. The fact is, he has been notified that he is possibly in violation, and he must now make a concerted effort to placate the officials who will eventually rule on his case. If he is smart, he will take a deep breath, figure out, with advice, how to proceed and to explain the nature of his hobby/attraction, and get the officials off his back.

He could apply for a non-profit status if he can link what he does to some other organization for mutual benefit and support. If he takes "donations", and keeps meticulous records to show that he and Martha haven't once gone to Hawaii on the proceeds, but that all the proceeds get pumped back into keeping the attraction going, he can claim that he does this for the pleasure of both himself and those who present at the gate.

Liability is a whole 'nuther matter. I would have to expect that this man is in possession of a robust insurance policy. Either way, once again, he will have to comply with ordinances and laws. "Land use", remember?

-Crandel

 

[UP2CSX]

Well, the county is taking an interesting position on zoning. According to the county planning director, "Whatever isn't specifically allowed in the law is prohibited". I know very little about civil law but a fair amount about criminal law. In the criminal code, whatever is not prohibited is allowed. Most laws are passed to allow or prohibit specific activities or behaviors. To put the onus on a citizen of understanding what's allowed, down the the smallest definition, is not reasonable. The county can certainly prohibit any activity it wants to on private land as part of a zoning ordinance but the prohibition should be specific, if it's to be enforceable. I'm assuming that the railroad owner has an attorney and he and the country will reach some kind of equitable settlement. I would not like to be the county attorney trying to defend this one in court.

 

[jbaakko]

I gotta agree, even though its free, its still considered commercial, as it falls under a non-profit... If its on residential land, it violates, unfortunate as it seems.