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News (Media Awareness Project) - US CA: PUB LTE: Time To Re-Examine City Code
Title:US CA: PUB LTE: Time To Re-Examine City Code
Published On:2011-08-14
Source:Chico Enterprise-Record (CA)
Fetched On:2011-08-17 06:02:26
TIME TO RE-EXAMINE CITY CODE

The letter to Mark Sorensen from the executive board of the Chico
Police Officers Association, dated July 20, regarding the City
Council's amendment to section 19.77 (regarding medical marijuana
dispensaries) of the Municipal Code states very clearly why local law
enforcement cannot abide by it, or any other city guideline which
goes against federal law, regardless of its just, moral or ethical
standing within the community. In fact, they smartly pointed out that
it is the precise wording in the Municipal Code, regarding the
function of local law enforcement, not necessarily the unspecific
nature of our nation's Constitution, that ties their hands in this matter.

Nowhere in Section 2.28.020 of said code does it say that local law
enforcement is bound to protect our rights, explicitly, as has been
posited. One hopes that we might share a common vision with those we
entrust to maintain our public safety, but what the code really asks
of them is to, "Prevent crime and maintain law and order in the city
by enforcing the laws of the United States, the state, and (lastly)
the city ..." That is the crux of the biscuit insofar as what local
sway we might have with law enforcement.

Between now and the next time the issue of dispensaries is argued
before the City Council, which it will, as it should, I believe the
wording of the Municipal Code should be perhaps modified so as to
give our officers more discretion in carrying out local statutes.

- -Michael R. Sherman, Chico
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