News (Media Awareness Project) - CN BC: Felger Challenges Abby's Pot Bylaw |
Title: | CN BC: Felger Challenges Abby's Pot Bylaw |
Published On: | 2003-07-11 |
Source: | Abbotsford Times (CN BC) |
Fetched On: | 2008-01-20 01:49:34 |
FELGER CHALLENGES ABBY'S POT BYLAW
Outspoken pot activist and former Abbotsford mayoralty candidate Tim Felger
says he'll challenge a city bylaw that bills homeowners for the cost of
investigating marijuana growing operations.
Felger has been billed $1,673.37 by the city for the cost of investigating
and dismantling his marijuana growing operation that police took down at
Felger's 4505 Bradner Rd. barn May 30.
At the time police said they seized 3,630 pot plants plus growing and other
equipment from Felger's property.
Felger has also been ordered, in the form of a letter from the City of
Abbotsford's director of development services, to vacate his property until
a special inspection is conducted and necessary repairs are made - all as a
result of the property housing a marijuana growing operation - as per the
city's Controlled Substance Property Bylaw 1079-2001.
The cost of the special inspection is another $460.
"I'll tell you how serious I thought their bill was, I didn't even read
it," Felger said this week. "It's like the municipality is getting into the
federal area and they're not allowed to do that. That's why the bylaw is
illegal. They can send me the bill and they can go through the whole
process but this is going to be great."
Felger has had his lawyer John Conroy send a letter to the city informing
them of Felger's intention to fight the bylaw.
"It is my opinion that Bylaw No. 1079-2001 entitled the Abbotsford
Controlled Substance Property By-law, 2001 is unconstitutional," Conroy
says in the letter.
Felger said, "I'm going to ask the judge for an injunction to stop them
from enforcing it, stop them from collecting the money. At the end of the
day, all the money they collected I want returned with interest and I want
them to pay my court costs for teaching them this free legal lesson."
He admitted to being a "smart-ass" and "unrepentant" and said he would
continue with his fight
Felger, who faces charges of producing and possession of a controlled
substance on top of previous charges of assaulting a peace officer, and
producing marijuana, is not concerned about recent developments in Surrey
where a house was seized after its owner was convicted of growing marijuana.
Felger has no convictions to date but is before the courts.
"There's a lot of questions about whether it's constitutional to be seizing
homes," Felger said. "They'd be better spending their time doing
investigations on motor vehicle theft than they are trying to pursue
marijuana growers."
"I own my own home. If they want to try to seize it, let's go to court. I'd
love nothing more to do than to keep striking down their laws, costing them
money and busting the police budget."
Meanwhile Felger proudly announced he has a newer, bigger sign on his
property that advises passing motorists of his disdain for the mayor and
local police.
"Mary Reeves and the Abbotsford Police Department are ignorant of
prohibition problems or have no moral courage. Legalize marijuana before
they shoot an innocent or another dog," the sign reads.
However the city told him in a letter that "under provincial legislation, a
sign such as you have proposed is not a permitted non-farm use in the
Agricultural Land Reserve" and that it could not issue him a sign permit.
"They can't stop me from getting my message out," Felger said.
Outspoken pot activist and former Abbotsford mayoralty candidate Tim Felger
says he'll challenge a city bylaw that bills homeowners for the cost of
investigating marijuana growing operations.
Felger has been billed $1,673.37 by the city for the cost of investigating
and dismantling his marijuana growing operation that police took down at
Felger's 4505 Bradner Rd. barn May 30.
At the time police said they seized 3,630 pot plants plus growing and other
equipment from Felger's property.
Felger has also been ordered, in the form of a letter from the City of
Abbotsford's director of development services, to vacate his property until
a special inspection is conducted and necessary repairs are made - all as a
result of the property housing a marijuana growing operation - as per the
city's Controlled Substance Property Bylaw 1079-2001.
The cost of the special inspection is another $460.
"I'll tell you how serious I thought their bill was, I didn't even read
it," Felger said this week. "It's like the municipality is getting into the
federal area and they're not allowed to do that. That's why the bylaw is
illegal. They can send me the bill and they can go through the whole
process but this is going to be great."
Felger has had his lawyer John Conroy send a letter to the city informing
them of Felger's intention to fight the bylaw.
"It is my opinion that Bylaw No. 1079-2001 entitled the Abbotsford
Controlled Substance Property By-law, 2001 is unconstitutional," Conroy
says in the letter.
Felger said, "I'm going to ask the judge for an injunction to stop them
from enforcing it, stop them from collecting the money. At the end of the
day, all the money they collected I want returned with interest and I want
them to pay my court costs for teaching them this free legal lesson."
He admitted to being a "smart-ass" and "unrepentant" and said he would
continue with his fight
Felger, who faces charges of producing and possession of a controlled
substance on top of previous charges of assaulting a peace officer, and
producing marijuana, is not concerned about recent developments in Surrey
where a house was seized after its owner was convicted of growing marijuana.
Felger has no convictions to date but is before the courts.
"There's a lot of questions about whether it's constitutional to be seizing
homes," Felger said. "They'd be better spending their time doing
investigations on motor vehicle theft than they are trying to pursue
marijuana growers."
"I own my own home. If they want to try to seize it, let's go to court. I'd
love nothing more to do than to keep striking down their laws, costing them
money and busting the police budget."
Meanwhile Felger proudly announced he has a newer, bigger sign on his
property that advises passing motorists of his disdain for the mayor and
local police.
"Mary Reeves and the Abbotsford Police Department are ignorant of
prohibition problems or have no moral courage. Legalize marijuana before
they shoot an innocent or another dog," the sign reads.
However the city told him in a letter that "under provincial legislation, a
sign such as you have proposed is not a permitted non-farm use in the
Agricultural Land Reserve" and that it could not issue him a sign permit.
"They can't stop me from getting my message out," Felger said.
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