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Hippie christmas : $414 fine
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Joe Kerman  
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 More options Aug 13 2012, 10:57 am
From: Joe Kerman <jker...@gmail.com>
Date: Mon, 13 Aug 2012 09:57:22 -0500
Local: Mon, Aug 13 2012 10:57 am
Subject: Hippie christmas : $414 fine

http://host.madison.com/ct/news/local/crime_and_courts/taking-scrap-m...

 I thought the city, at one point, actually /promoted/ the idea of taking
peoples crap from the curb before it goes into the garbage? I cant find the
article, but i swear they said that excess garbage cost them "tens of
thousands in landfill and tipping fees"


 
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philip crawford  
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 More options Aug 13 2012, 11:08 am
From: philip crawford <philipha...@gmail.com>
Date: Mon, 13 Aug 2012 10:08:22 -0500
Local: Mon, Aug 13 2012 11:08 am
Subject: Re: [S67 Public] Hippie christmas : $414 fine

If they did, it was a long time ago.  Since I moved back to Madison in
2006, I've heard one thing from the city on this subject, which is that
they consider it theft.

I'll be junk surfing the next few days regardless.

--
Seedly - Plant a Possibility
http://blog.seedly.me

My profile on IMBY
http://madison.imby.info/p/Philip.Crawford


 
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Mark Kostreva  
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 More options Aug 13 2012, 11:08 am
From: Mark Kostreva <kostr...@gmail.com>
Date: Mon, 13 Aug 2012 10:08:56 -0500
Local: Mon, Aug 13 2012 11:08 am
Subject: Re: [S67 Public] Hippie christmas : $414 fine

The message is that scrap metal is NOT garbage and does not go to a landfill, but to a metal recycler. For money.

Mark

On Aug 13, 2012, at 9:57, Joe Kerman <jker...@gmail.com> wrote:


 
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Anton Kapela  
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 More options Aug 13 2012, 11:12 am
From: Anton Kapela <tkap...@gmail.com>
Date: Mon, 13 Aug 2012 10:12:21 -0500
Local: Mon, Aug 13 2012 11:12 am
Subject: Re: [S67 Public] Hippie christmas : $414 fine

On Mon, Aug 13, 2012 at 10:08 AM, Mark Kostreva <kostr...@gmail.com> wrote:
> The message is that scrap metal is NOT garbage and does not go to a
> landfill, but to a metal recycler. For money.

what about metal left on an easement that an owner pays for and maintains?

/me digs into this statute, and decides it was written by idiots

-tk


 
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Chris Meyer  
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 More options Aug 13 2012, 12:29 pm
From: Chris Meyer <water...@gmail.com>
Date: Mon, 13 Aug 2012 11:29:05 -0500
Local: Mon, Aug 13 2012 12:29 pm
Subject: Re: [S67 Public] Hippie christmas : $414 fine

Yeah, the key is that people intending to give others their junk need to
leave it in the area between the sidewalk and their residence, rather than
the sidewalk and the curb.  They publish this article every year :-)

Chris


 
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Joe Kerman  
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 More options Aug 13 2012, 12:33 pm
From: Joe Kerman <jker...@gmail.com>
Date: Mon, 13 Aug 2012 11:33:13 -0500
Local: Mon, Aug 13 2012 12:33 pm
Subject: Re: [S67 Public] Hippie christmas : $414 fine

I'm especially annoyed that ALL items on the curb are debris,  but we only
enforce the law when it's profitable

On Aug 13, 2012, at 10:09 AM, Mark Kostreva <kostr...@gmail.com> wrote:

The message is that scrap metal is NOT garbage and does not go to a
landfill, but to a metal recycler. For money.

Mark

On Aug 13, 2012, at 9:57, Joe Kerman <jker...@gmail.com> wrote:

http://host.madison.com/ct/news/local/crime_and_courts/taking-scrap-m...

 I thought the city, at one point, actually /promoted/ the idea of taking
peoples crap from the curb before it goes into the garbage? I cant find the
article, but i swear they said that excess garbage cost them "tens of
thousands in landfill and tipping fees"

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Charles Allhands  
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 More options Aug 13 2012, 12:37 pm
From: Charles Allhands <allhand...@gmail.com>
Date: Mon, 13 Aug 2012 11:37:34 -0500
Local: Mon, Aug 13 2012 12:37 pm
Subject: Re: [S67 Public] Hippie christmas : $414 fine

"Once an item is placed at the curb, it is considered city property and
cannot be taken from the terrace (the area between the curb and sidewalk)
without permission of the city,"

-I'll keep this in mind when I have junk the city won't take. Once it's on
the curb it's their property, I can't move it.

      -Charles

Read more:
http://host.madison.com/news/local/crime_and_courts/taking-scrap-meta...


 
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Joe Kerman  
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 More options Aug 13 2012, 12:39 pm
From: Joe Kerman <jker...@gmail.com>
Date: Mon, 13 Aug 2012 11:39:19 -0500
Local: Mon, Aug 13 2012 12:39 pm
Subject: Re: [S67 Public] Hippie christmas : $414 fine

This is the first year they have specifically mentioned fines.

On Aug 13, 2012, at 11:29 AM, Chris Meyer <water...@gmail.com> wrote:

Yeah, the key is that people intending to give others their junk need to
leave it in the area between the sidewalk and their residence, rather than
the sidewalk and the curb.  They publish this article every year :-)

Chris

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jesse  
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 More options Aug 13 2012, 7:31 pm
From: jesse <ransom...@aol.com>
Date: Mon, 13 Aug 2012 19:31:14 -0400 (EDT)
Local: Mon, Aug 13 2012 7:31 pm
Subject: Re: [S67 Public] Hippie christmas : $414 fine

hippie Christmas fines are to detour scrappers only. Mpd and UW police wont give a care if your pulling out a piece of metal but if your driving around with your car dragging from all the scrap you pilfered there going to get you.


 
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Alexander Bilgri  
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 More options Aug 14 2012, 9:48 am
From: Alexander Bilgri <abil...@gmail.com>
Date: Tue, 14 Aug 2012 08:48:18 -0500
Local: Tues, Aug 14 2012 9:48 am
Subject: Re: [S67 Public] Hippie christmas : $414 fine

So far I've snagged a 52" Fresnel lens, some CLFs, and a keg tapper. Any
other treasures out there?

Also, who wants to smelt pennies in the parking lot?


 
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Dougal  
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 More options Aug 14 2012, 9:51 am
From: Dougal <zelefti...@gmail.com>
Date: Tue, 14 Aug 2012 08:51:14 -0500
Local: Tues, Aug 14 2012 9:51 am
Subject: Re: [S67 Public] Hippie christmas : $414 fine

Good golly I love this group.


 
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Alex McLees  
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 More options Aug 14 2012, 10:17 am
From: Alex McLees <thelaidback...@gmail.com>
Date: Tue, 14 Aug 2012 09:17:15 -0500
Local: Tues, Aug 14 2012 10:17 am
Subject: Re: [S67 Public] Hippie christmas : $414 fine

A 52" Fresnel Lens? Like from a light house?!


 
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Mark Kostreva  
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 More options Aug 14 2012, 10:41 am
From: Mark Kostreva <kostr...@gmail.com>
Date: Tue, 14 Aug 2012 09:41:55 -0500
Local: Tues, Aug 14 2012 10:41 am
Subject: Re: [S67 Public] Hippie christmas : $414 fine

Projection TV perhaps?
Kind of a light house for Jay Leno, in a way.

Mark

On Aug 14, 2012, at 9:17, Alex McLees <thelaidback...@gmail.com> wrote:


 
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jesse  
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 More options Aug 14 2012, 10:45 am
From: jesse <ransom...@aol.com>
Date: Tue, 14 Aug 2012 10:45:52 -0400 (EDT)
Local: Tues, Aug 14 2012 10:45 am
Subject: Re: [S67 Public] Hippie christmas : $414 fine

I think Adam is up for smelting pennies


 
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Anton Kapela  
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 More options Aug 14 2012, 10:48 am
From: Anton Kapela <tkap...@gmail.com>
Date: Tue, 14 Aug 2012 09:48:36 -0500
Local: Tues, Aug 14 2012 10:48 am
Subject: Re: [S67 Public] Hippie christmas : $414 fine

How large a lens needed to vaporize?

-Tk

On Aug 14, 2012, at 9:46 AM, jesse <ransom...@aol.com> wrote:

I think Adam is up for smelting pennies


 
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Alexander Bilgri  
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 More options Aug 14 2012, 11:03 am
From: Alexander Bilgri <abil...@gmail.com>
Date: Tue, 14 Aug 2012 10:03:48 -0500
Local: Tues, Aug 14 2012 11:03 am
Subject: Re: [S67 Public] Hippie christmas : $414 fine
http://hackaday.com/2011/06/25/selective-solar-sintering-with-sand/

25% there!

On 8/14/12, Anton Kapela <tkap...@gmail.com> wrote:


 
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Joe Kerman  
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 More options Aug 14 2012, 11:24 am
From: Joe Kerman <jker...@gmail.com>
Date: Tue, 14 Aug 2012 10:24:26 -0500
Local: Tues, Aug 14 2012 11:24 am
Subject: Re: [S67 Public] Hippie christmas : $414 fine

Ive smelted pennies before!*  Separate them into piles of pre 1982 (90/10
copper/zinc) and post-1982 (10/90 copper/zinc), and smelt each pile
separately.  You will need to use the propane torch, since the kiln doesnt
get hot enough to melt copper (as far as I know).  I also completely
destroyed my clay crucible when doing the copper, but that was probably my
fault.  I poured the smelts into a cast-iron cornbread pan (also at sector,
under the table by the kiln).

*smelting pennies is against the law, and my story was either from the day
before that law passed, or completely fictional.

On Tue, Aug 14, 2012 at 10:03 AM, Alexander Bilgri <abil...@gmail.com>wrote:


 
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William LaFrance  
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 More options Aug 14 2012, 11:26 am
From: William LaFrance <wjlafra...@gmail.com>
Date: Tue, 14 Aug 2012 08:26:20 -0700
Local: Tues, Aug 14 2012 11:26 am
Subject: Re: [S67 Public] Hippie christmas : $414 fine

Sorry to go off-topic (or, back on topic?). It seems like the way they're enforcing this is a violation of the 14th amendment's equal protection clause. i.e., if Hippies can't take our trash, but everyone else can, there's no equal protection of law. (I'm not a lawyer and this is not legal advice.)

The thing that sucks is (not having read the statute, going off of what you've said) if I drop my computer on the ground there, I can't take it back because it's become the city's scrap aluminum. How can there be a law that allows the city to say "Once you put your stuff somewhere on your lawn, it's my stuff, not your stuff?" Can I tell the city "your stuff is my stuff kthxbai" also?

On Aug 13, 2012, at 4:31 PM, jesse <ransom...@aol.com> wrote:


 
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Brendan O'Connor  
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 More options Aug 14 2012, 11:36 am
From: "Brendan O'Connor" <ussj...@ussjoin.com>
Date: Tue, 14 Aug 2012 11:36:57 -0400
Local: Tues, Aug 14 2012 11:36 am
Subject: Re: [S67 Public] Hippie christmas : $414 fine
I'm not a lawyer, but I play one on TV. (If you take my writings to be
legal advice... just really, really don't. They may spontaneously
combust.) :-)

It's not a 14th Amendment violation-- or rather, it is, but you can't
prove it. In order to show that it was, you would need to prove,
conclusively (it's a civil matter, so the standard is a "preponderance
of evidence"), that the city has a policy to enforce the law only
against, say, hippies. I can pretty much guarantee that you won't find
a written document somewhere, signed by the chief of police, that says
"screw the hippies, they're smelly, fine them." So that's a no-go.

Now, if it's just that professional scrappers can't take the stuff--
the city often has the ability to say that you can't go take stuff for
commercial purposes, as then you'd need a license, have to have safety
training, etc. (This kind of regulation isn't an equal protection
violation-- the city and state have a right to regulate commercial
activity.)

The thing where trash is owned by the city is actually kind of
interesting-- when you throw away your stuff, it counts as abandoned,
and thus you no longer have a property interest in it-- or, related, a
privacy interest; that means that cops don't need a warrant to search
your trash when it's out on the curb. They *do* need a warrant to
sneak into your garage and search your garbage *before* you put it on
the curb.

The relevant part of the municipal code is 10.18(5), which states:

"Persons Who May Collect Rubbish and Refuse. No person, unless she/he
has a contract with the City of Madison permitting her/him to collect
and remove rubbish and refuse, or unless she/he be a City employee
acting under the direction of the Common Council and the Street
Superintendent shall collect or remove any rubbish or refuse which has
been deposited or placed by any person on the terrace adjoining
her/his premises for collection by the City as herein provided, except
that nonprofit organizations may collect household furnishings that
have been deposited or placed on the terrace for disposal during
daylight hours between May 15 to May 31 and August 15 to August 31.
“Person” as used in this section includes individuals, partnerships,
associations and bodies politic or corporate."

So you can see that again, they've written the law to fall within the
"regulation of commercial activity" thing, which is within their
rights.

Sorry, no lawsuit for you. :-)

---BFO


 
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Joe Kerman  
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 More options Aug 14 2012, 11:40 am
From: Joe Kerman <jker...@gmail.com>
Date: Tue, 14 Aug 2012 10:40:30 -0500
Local: Tues, Aug 14 2012 11:40 am
Subject: Re: [S67 Public] Hippie christmas : $414 fine

Im not a lawyer either, but i /do/ play one on the internet.  Whenever they
decide to mass selectively enforce a law like this, it seems to increase
the odds of a judge throwing out /all/ of the fines issued because of the
selective enforcement. (selective being only enforcing theft of metal, and
not other items). Theres a blog by former alderwoman brenda konkel in town
that tracks issues like this, since it often comes up with the
poor/homeless
http://www.forwardlookout.com/2012/08/hippie-christman-grinch/15811

As for the second part, the "terrace" (the area between the sidewalk and
the curb, and possibly extending as far as 6-10 feet from the curb) is
/not/ your lawn. its city property.  you are required to shovel/clear the
city-owned sidewalk, and even are required to pay to replace it in some
cases, but you do not own it. And you in fact CAN call the city to come
haul away any crap that anyone leaves there.   This is also why its illegal
to put any type of temporary sign in that area. (which is also highly
selectively enforced, and has been a big stink downtown lately)  This is
why professional realtors always have the sign in the yard, and shady
roofing companies always put their signs on the terrace.

On Tue, Aug 14, 2012 at 10:26 AM, William LaFrance <wjlafra...@gmail.com>wrote:


 
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Joe Kerman  
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 More options Aug 14 2012, 11:41 am
From: Joe Kerman <jker...@gmail.com>
Date: Tue, 14 Aug 2012 10:41:31 -0500
Local: Tues, Aug 14 2012 11:41 am
Subject: Re: [S67 Public] Hippie christmas : $414 fine

Thanks brendan!

Im particularly interested in the part where they say, in public, they are
only enforcing this law if you take metal goods. I know thats done in
practice a lot, but I thought they had to be less obvious about saying it
so directly


 
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Brendan O'Connor  
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 More options Aug 14 2012, 11:44 am
From: "Brendan O'Connor" <ussj...@ussjoin.com>
Date: Tue, 14 Aug 2012 11:44:20 -0400
Local: Tues, Aug 14 2012 11:44 am
Subject: Re: [S67 Public] Hippie christmas : $414 fine
Again, though, that may be held to fall within their regulation of
commercial activity-- since, again, they're allowed to regulate
scrappers.

On the other hand, judges can, in large part, do what they want; if
you could find a lawyer, he or she might be able to convince a judge
to kill all the fines. I'm just going to say it's not at all likely.
Go back to the earlier post: don't take shit in front of cops, don't
load your truck down with crap (except Chris can-- because he's
working on behalf of Sector67, a registered nonprofit, he can do what
he likes, as the ordinance says), and you'll be fine.

---BFO


 
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Tanya Cunningham  
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 More options Aug 14 2012, 12:16 pm
From: Tanya Cunningham <itmakesyousm...@gmail.com>
Date: Tue, 14 Aug 2012 11:16:37 -0500
Local: Tues, Aug 14 2012 12:16 pm
Subject: Re: [S67 Public] Hippie christmas : $414 fine

What about this wording, though:

"No person ... shall collect or remove any rubbish or refuse which has been
deposited ... on the terrace adjoining [the] premises *for collection by
the City*"

So, what if it's put on the terrace for other purposes, ie. to give it away
to anyone who wants it?

That said, I have to agree that the best application is: don't haul shit
away in front of the cops!

TC


 
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Brendan O'Connor  
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 More options Aug 14 2012, 2:14 pm
From: "Brendan O'Connor" <ussj...@ussjoin.com>
Date: Tue, 14 Aug 2012 14:14:54 -0400
Local: Tues, Aug 14 2012 2:14 pm
Subject: Re: [S67 Public] Hippie christmas : $414 fine
Ah. That would count as "throwing crap on the street." The most likely
ordinance there:

10.23(1): "Any person unnecessarily obstructing or causing to be
obstructed any street, alley, crosswalk, terrace or sidewalk so as to
interfere with public traffic or access shall be subject to a fine of
not less than fifty dollars ($50) nor more than two hundred ($200)."

There's a few different options (one about gutters, another about
glass), but that's the broadest one that I see.

If you just put it in your yard, not on the terrace, then this is the law:

27.05(2)(c): "The interior of all vacant buildings and structures and
all exterior property areas shall be properly maintained in a clean
and sanitary condition free from debris, rubbish or garbage, physical
hazards, rodent harborage and infestation, and animal feces. All
animal feces shall be removed within twenty-four (24) hours. Compost
piles shall be maintained in accordance with Section 7.361."

By the way, I don't see any support for Joe's idea that the "terrace"
owned by the city extends past the sidewalk, on to your yard-- not
that it's necessarily wrong, I just don't see where that is (in any of
the places I'm looking). But putting stuff on the grass between
sidewalk and curb is 10.23(1), blocking the sidewalk itself is also
bad (there's another law there), and putting it in your yard itself
is, similarly, bad.

Just things to keep in mind.

---BFO

On Tue, Aug 14, 2012 at 12:16 PM, Tanya Cunningham


 
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jesse  
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 More options Aug 14 2012, 2:22 pm
From: jesse <ransom...@aol.com>
Date: Tue, 14 Aug 2012 14:22:26 -0400 (EDT)
Local: Tues, Aug 14 2012 2:22 pm
Subject: Re: [S67 Public] Hippie christmas : $414 fine

so you could say your cleaning up the sidewalks because the criminal students keep blocking it and the elderly and disable cant get threw. bada bing!!! problem solved, Hippie Christmas is saved.


 
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