County Meanies Evicting Occupy from Lake Farm Park Noon Today

We’ve paid for three sites through tomorrow, but the county has given the campers a notice that they have to be out by noon today – they gave them the notice last night after 5:00. I have no idea what the campers will decide to do, we don’t have transportation arranged for them with this short of notice and well, the county is just being mean.

THE LETTER
Last night, a little after 5:00 the county delivered the following letter. (I will scan and link here later if I have time)

The letter says the following:

April 18, 2013

To: Brian Golden, Campsite Permit Holder
Loretta Manuel, Campsite Permit Holder
Kieth Valiquette, Campsite Permit Holder

From: Darren Marsh
Parks Director

Subject: Notice of Violations Campsite 40, 42 and 45

Your current camp in the non-group area is in violation of park rules. As Parks staff has indicated earlier, you have the option of temporarily using an available County group camp area, one of which is located nearby with a group camp reservation secured through the Parks Main Office. The group camp area has many of the same amenities that the current site has, and is better suited to handle the number of campers that are with you.

If you choose not to comply with the rules, you and your camping party will be evicted from Lake Farm Campground. You and your party must leave the campground by 12:00 noon on Friday, April 19, 2013. You will not be allowed to relocate to any of Dane County’s regular campgrounds

You and individuals within your camping party were advised of park rules by park staff on Tuesday, April 16, 2013 at 5:15 PM, while moving into the Lake Farm campground. You and your party were informed that under the camping permit only one camping unit is allowed on a campsite. Park staff asked that you and the individuals in your camping party comply with this rule by Wednesday morning, April 17, 2013. Park staff also notified you that the other park rule violations were present and ongoing, such as improper campsite registrations. Since then, there have been additional violation of cooking and smoking within the enclosed restroom/shower facility. Park staff notified you bout this violation as well. Another serious issue of concern is that an intoxicated individual from your party lost consciousness in the restroom and was non-responsive. Emergency services responded and removed the person from the campground on Wednesday, April 17, 2013.

As a result of the aforementioned violations, you are hereby notified that you must leave the campground by noon on Friday, April 19, 2013. If you want to take advantage of the nearby group campground, please contact the Parks Main Office immediately so that our staff can assist you.

Dane County has an obligation to maintain a safe and enjoyable environment for all park users. Disregard for park rules will not be tolerated.

THE FACTS/THE LIES
Uh, I audio taped the conversation with the campers on Tuesday night and what they were told was that they should write a letter requesting that they be allowed to have more than one site and that Darren Marsh would be out Wednesday morning to discuss this with them.

To follow up, I sent the following email:

So, yesterday the campers were informed of new rules or new enforcement of rules for this year that say that there is only one camping unit per site unless approved by parks staff.  They were insisting that we needed to have only one tent per site.  I finally found on your website, where if I might find it.  If I go to your site, click here, here, here and then here, I find new rule “One camping unit is allowed per campsite unless additional units are approved by park staff.”

The campers talked to two parks staff yesterday and they seemed to be relaying the message that the campers had to relay this request in writing – to whom?  When?  They were “park staff” why can’t they approve it?  Were they disapproving of it?  What are the consequences?  I’m very confused about where this rule came from (seems to be new this month) and what the consequences and enforcement mechanism is.  Here is the recording of my conversation with your staff yesterday.

I’m even more confused this morning than I was yesterday.  I re-read the ordinances and find no violation.  I also re-read all the parks minutes since last October that are available on the website and can find no change in rules.  Where does this new rule or new enforcement originate from?  And how would one go about seeking permission to have more than one camping unit on a site?

Please inform.

Brenda

p.s.  If I have to go and set up my tent and pay $17 so you will talk to me, I can and I will.  In fact, I will set up an additional tent so I have two camping units on my site. 

Darren and his staff were at the campground taking pictures, but not interacting with the campers. One camper walked up to him, asked him what he was doing and Darren noticed the phone in the campers hand (I was on the other end) and he said he’d email me when he got back to the office, he did not.

No communication. The only thing that happened was Jeff Kostelic from the County Executive’s Office called Bruce Wallbaum and tried to get him to get the campers to move. Bruce told me what he said, and basically it boils down to “you are just being mean”. Why didn’t they tell us about these rules before we got there?

THE NEW RULES
These are the campground rules from last year.

There is no mention of one camping unit per site.

Here are the new rules. Note on the bottom it was updated 4/2013. Also linked above in my note to Darren.

Here is us camping last year. (I am sure there are other pictures on old blog posts, but in a hurry)

Others camping last year (note, they had more than 6 tents on the site, they had 8)

And us camping this year – the offending issues.

THE NEW RULES – THE LAWS
So, the reason I was pushing for the ordinance violation cite is because there is none. The items that come close or that are relevant are as follows:

Rules in the ordinances
Note, not rules about one camping unit per site. But lots of other rules that appear on the notices from last year and this year.

53.03 PROHIBITED ITEMS OR USES.
In addition to activities otherwise prohibited by law, the following shall be prohibited unless specifically authorized by written permit:
(1) (a) Building of fires other than in firepits, fireplaces, grills or areas designated by the parks division;
(b) Possession of firewood that originates from more than 50 miles away from a county park or from outside the State of Wisconsin.
(2) (a) No person may take, catch, kill, hunt,trap, disturb or pursue any wild animal or bird, discharge any firearm, or have in his or her possession or under his or her control any firearm or air gun as defined in s. 932.22, Wis.
Stats., unless it is unloaded and enclosed in a carrying case, or any bow, slingshot or spring-loaded device designed for shooting a projectile unless the same is unstrung or enclosed in a carrying case while in any park except in connection with a hunting activity or event where specifically allowed by written permit issued by the parks director or designee, and then only in strict conformity with the conditions stated in the written permit, or as authorized by sub. (b);
(b) The park commission may designate lands under their jurisdiction as a wildlife area. Land designated as a wildlife area shall be open to hunting, trapping and fishing in the same manner as a State Wildlife Area consistent with Wis. Admin. Code Ch. NR 45. The commission may adopt additional or revised rules and policies for land designated as a wildlife area pursuant to sec. 53.11. A violation of Wis. Admin. Code Ch. 45, or such additional rules adopted by the commission on land designated as a wildlife area, is a violation under this section. The
commission shall have the authority to amend a wildlife area designation.
(3) Possessing or discharging fireworks regulated by Wis. Stat. s. 167.10(1);
(4) Vehicle maintenance, washing of vehicles or pets;
(5) Cleaning of fish in other than designated areas;
(6) Possessing, using or delivering any controlled substance or drug paraphernalia unless such possession, use or delivery is authorized by the Uniform Controlled Substances Act, Chapter 161, Wis. Stats. Words used in this subsection shall have the meanings ascribed to them in the Uniform Controlled Substances Act, Ch. 161, Wis. Stats.;
(7) Throwing, launching or firing of any objects or missiles;
(8) Defacing, destroying, vandalizing, digging or removing any park property including soil, turf, trees, shrubs, flowers, wildlife or any archeological object including any man-made article or implement originating from earlier
cultures, without written permission from the parks director or designee;
(9) Depositing trash, debris, pollutants or any other materials on park land;
(10) Being abusive, boisterous or disorderly;
(11) Walking or riding a horse or riding a bike outside of areas designated for that specific use;
(12) Camping outside of designated areas;
(13) Failing to obtain and/or properly display a required permit;
(14) Affixing any sign, notice, solicitation, literature, exhibit, display, flyer or pamphlet of whatever nature to any tree, shrub, post, barrel, building or any other plant or structure located within any park;
(a) This subsection shall not be construed to prohibit distribution of literature by means of direct personal contact between distributor and recipient to the extent otherwise permitted by law nor shall it prohibit the posting of signs and notices, in accordance with park policies, in connection with any permitted activity which is taking place in the county park in which the sign or notice is erected or posted.
(15) Releasing or abandoning any pet or wildlife or introducing any plant, chemical or other agent in or on any lands managed by the parks division;
(16)(a) Failing to have a pet under control at all times;
(b)Failing to have a pet properly leashed;
(17) To operate a snowmobile or all terrain vehicle (ATV) on a closed Dane County trail unless it is for official business conducted by the Dane County Council of Snowmobile Clubs, the parks division, law enforcement or emergency services agency;
(18) Roller blade or roller ski; off -road, or in an area not designated for that use;
(19) To interfere in any manner with any employee in the performance of his or her assigned duties;
(20) To bathe or swim within a park in areas posted “no swimming”.
(21)(a) Feeding any wild or free roaming domestic animals or birds on lands managed by the Parks Division, without written permit or authorization from the Parks Director or designee.
(b)This section shall not apply to baiting of wild animals authorized by state statute or regulation.

and more rules

53.07 CAMPGROUND REGULATIONS.
(1) Camping fees shall apply in all lands managed by the parks division..
(2) All persons staying overnight will register and be subject to a camping fee.
(3) Registrations will be made by advanced reservation and/or a first come basis until the designated capacity for the park or area is reached.
(a) Campers must register and pay the appropriate fee prior to setting up camp unless otherwise posted.
(b) Campsite renewal deadline is 10:00 a.m.
(c) Campers and camping units must vacate the campsite by 3:00 p.m. on the last day of registration.
(d) Camping units may not be set-up earlier than 5:00 a.m. nor later than 10:00 p.m.
(4) The parks division will have the authority to delete or add campsites within any park whenever it is deemed necessary.
(5)(a) No camping unit may be registered for more than fourteen (14) consecutive days at any one park.
(b) Camping units must be removed from the park for at least forty-eight consecutive hours before being eligible for an additional fourteen (14) day registration.
(6)(a) No camping unit may be left unattended for more than a twenty-four (24) hour period, at which time the camping permit is forfeited and the site may be made available to other campers.
(b) The campsite must be occupied by a camping unit following registration or the first night a campsite reservation is in effect.
(7) Any camper(s) or their associates registered within a park may, for just cause, be requested to leave the property and forfeit their permit(s) immediately by the Dane County employee on duty or any law enforcement officer.

Only the parks commission can change the rules
And here’s the other issues – only the parks commission can change the rules.

53.13 PARK COMMISSION’S RULEMAKING AUTHORITY.
The park commission is authorized to adopt additional or revised rules and regulations for the proper conduct and
administration of the parks in the County of Dane not inconsistent with this ordinance, to grant permits in conformity with the provisions hereof and to perform such other acts with reference to the management of said parks as are lawful and as they may deem expedient, to promote the beauty and usefulness of said parks and to increase the comfort, safety, convenience and public welfare of the citizens of Dane County and of visitors to said parks in their use of the same.

So I read the minutes of the parks commission since last October to see if they had changed any rules, I couldn’t find anything in the minutes.

Looking for loopholes
When we pointed this all out, this is what they began telling us, as they were grasping at straws:

53.08 (5) Any parks division employee or authorized law enforcement officer may revoke any reservation permit when, in the employee’s or official’s judgment, persons or property on or within park premises may be endangered by the continuance of the exclusive use.

They also have this:

53.15 ENFORCEMENT.
(1)Any law enforcement officer may arrest any offender whom he or she may detect in the violation of any of the provisions of this ordinance. The officer shall, at all times, have the right to enter the premises of any building,
structure or enclosure in any park for the purpose of inspection or investigating disturbances.
(2) Any parks division employee designated by ordinance may issue citations to any person whom he or she believes is violating any of the provisions of this ordinance.
(3) Any parks employee or law enforcement officer may revoke a permit and/or request a per son or persons to leave park property with just cause.

GROUP CAMP
This is where they want us to camp.

I couldn’t get there last night to see it. In fact, I have never seen it, because I can’t ever get to it because the gate is always locked.

Additionally, the flaws with the group camping are as follows:
1. Its a mile further from the bus which already .75 miles from camp.
2. No showers. (a mile walk to the showers?)
3. No running water – pit toilets.
4. Only water is a hand pump.
5. You can’t ride your bikes down this road above.
6. It costs $55 per night, plus $5 per person after the first 10 – it would currently cost us an additional $35 per night.
7. It’s closed, we couldn’t reserve it even if we wanted to.

WHAT IS GOING TO HAPPEN?
Dunno.

Meeting at 9:30 to decide. Feel free to show up and find out. Bring a tent, just in case.

Need media, photographers, videographers, etc at noon.

HOW CAN YOU HELP
Email Joe Parisi and Darren Marsh and ask them why they are doing this.
parisi@countyofdane.com, “marsh”

Email your county board supervisor and ask them to be a mediator and help resolve this – to be the bigger people in all this and help find a real solution.

Show up at noon in support of the folks camping there. Bring a tent if you have one, just in case.

Do you have any land outside the City of Madison but on a bus line where you would allow people to legally sleep tonight? Anyone? We’ve tried so many things to try to find a way to have people legally sleep outside and the city and county (BY “THE COUNTY” I MEAN JOE PARISI! not the county board supervisors) just keep putting up road blocks.