Fine for growing too many vegetables

halfpint · #1 09/15/10, 10:43 AM

http://www.ajc.com/news/dekalb/count...or-612210.html

I'm having trouble believing this one, although it's in a reputable paper. Has anyone else seen this? How can you be fined for growing too many vegetables and are gardens prohibited by zoning in Georgia?

Dawn

Excerpt from the story:
"DeKalb County has cited a man for growing too many vegetables on his own land, Channel 2 Action News reported.

Steve Miller of Clarkston said he plans to fight the county and has gotten his 2-acre property rezoned so that he can have his garden. But he still faces nearly $5,000 in fines, Miller told Channel 2.

Miller has been growing a variety of vegetables for 15 years, and his neighbors support him. He sells what he grows at local markets and gives some away, he said.

"It's a way of life, like it's something in my blood,” Miller told Channel 2.

The county says Miller grows more crops on his land than allowed under zoning regulations. Code enforcement officers began ticketing him in January for the zoning violation and for allegedly having unpermitted employees on the property.

The county declined to comment because the case is still pending."

Mickie3 · #2 09/15/10, 10:56 AM

You missed this: "Code enforcement officers began ticketing him in January for the zoning violation and for allegedly having unpermitted employees on the property."

Sounds like he is being nailed for conducting a commercial activity in a residential zoned area. There is always a limit on outside employees in a residential zoned area in any that I am familiar with.

**highlands** · #3 09/15/10, 11:01 AM

Greedy nosey government officials.

JuliaAnn · #4 09/15/10, 12:03 PM

Just my opinion, please understand, but having read the story I'd say it was a combination of things that the local gvmt. couldn't resist... the 'unpermitted employee' part, the 'growing more crops than zoning permitted' part, the 'selling at local market' thing, and *best of all* the $5000 fine thing.

These days, tax revenues are down across the board--sales tax, property tax, etc. Counties have to make up that revenue somewhere, and why not go after people like this man? 5K is a nice small chunk of money.

This man was an easy, easy target. They went after him on what anyone else would view as mere technicalities, but because he is someone who is in one place, not hard to find, he's the one who is not only made an example of, but gets gouged for 5K.

I'd fight it too. If he's giving away fresh vegetables, isn't this a good thing?

Fools, fools, fools...

Windy in Kansas · #5 09/15/10, 12:07 PM

Quote:

Originally Posted by highlands

Greedy nosey government officials.

They were probably requested to enforce the local ordinances after receiving complaints.
Aren't they swore to uphold the duty of their offices no matter how much they might disagree with the ordinances in place?

If you don't like the laws/ordinances then get them changed.

Seems to me the offender was doing a service since he gave much away, but that still does not negate the fact that he was breaking the ordinances---IF found guilty of violations.

titiana · #6 09/15/10, 12:13 PM

Quote:

Originally Posted by Mickie3

You missed this: "Code enforcement officers began ticketing him in January for the zoning violation and for allegedly having unpermitted employees on the property."

I'm wondering if he's being charged because he had his kids working in the garden and some one complainted about it, and because they don't have a "work permit" That is what the twelve tribes got fined for, because they had their children helping them and someone complained. Unfourtinately you can get fined for using child labor if someone complains about you having your kids helping

bergere · #7 09/15/10, 01:53 PM

Is a sad world when you can't have your children work in the garden.
That's what I did for parts of my springs and summers wayyy back when, worked in the family garden. Long hours too but I was young and didn't bother me.
Put food on the table.

And if you are harming none, feel it is no body's business.

MaineFarmMom · #8 09/15/10, 02:12 PM

Quote:

Originally Posted by titiana

I'm wondering if he's being charged because he had his kids working in the garden and some one complainted about it, and because they don't have a "work permit" That is what the twelve tribes got fined for, because they had their children helping them and someone complained. Unfourtinately you can get fined for using child labor if someone complains about you having your kids helping:hammer:

Not here. Kids in Aroostook County, Maine get out of school for two to three weeks to pick potatoes. They start the school year early to make up the time. If anyone can be fined for their own children working in the garden it's time someone with some common sense got that straightened out.

Jerngen · #9 09/15/10, 05:27 PM

Where does it say that he is being fined for using his kids??

I agree tho that this whole issue is just beyond ridiculous!!

CocalicoSprings · #10 09/15/10, 09:05 PM

He deserves the fine. Violations of the ordinance must be enforced. Probabaly best if he has the book thrown at him to make an example. We wouldn't want everybody growing vegetables on the available space of their entire yard. Heavens...maybe they should fine him for his compost heap too.

People who choose to live in places like THAT (run by control freaks) deserve whatever they get. He should move.

salmonslayer · #11 09/15/10, 09:34 PM

Quote:

He deserves the fine. Violations of the ordinance must be enforced. Probabaly best if he has the book thrown at him to make an example. We wouldn't want everybody growing vegetables on the available space of their entire yard. Heavens...maybe they should fine him for his compost heap too.

People who choose to live in places like THAT (run by control freaks) deserve whatever they get. He should move.

You posted my thoughts so I dont have to.

Patt · #12 09/15/10, 10:32 PM

Craziness! I do wish the article had more info though like what they mean by "employees" and exactly what their zoning laws are there.

Mickie3 · #13 09/16/10, 07:24 AM

Quote:

Originally Posted by Patt

Craziness! I do wish the article had more info though like what they mean by "employees" and exactly what their zoning laws are there.

You have to realize that the article was based on a TV news story by WSB, a station that is concerned concerned with ratings and not by something like the facts. The newspaper article was based on the TV news, what does that tell you?

That the paper is lazy? It should.

From having lived in cities (including Atlanta) most of my life, can tell you that all of them were zoned pretty much the same, if you are in a "residential" (as opposed to commercial) neighborhood, you could have a home business, but are limited to having outside employees (usually in excess of 1 outsider.) The only logic I could ever see was that people wanted to be able to build a home somewhere and not have to worry that there would be a factory, auto dealership, bar, etc. popping up next door to them, at least without warning. Yes, they neglect to say how many "employees" he had working there, but knowing my GA roots, probably were upset that he had illegal aliens there. That wouldn't have gotten the story so sensationalized though, so they will not "report" that part of the story, will they? Am I questioning their honesty, sure nuff, I am.

Also, the part about his "giving away" of veggies sounds to be a joke, to me. He is working the "farmers markets" in the area and for those of you that have never been to those, they should be called "where yuppies buy veggies, mostly "homegrown" (in Mexico), that are outlandishly over-priced so they can brag about it" markets. They are more like flea markets in that at most, you see a bit of everything at them, so wife and I quit going at least 10 years ago to them. The "giving away of veggies" sounds more like a lawyer saying that his client who just was witnessed to have killed 10 people was a "great guy and would never do such a thing" (as in are you gonna believe your lying eyes or me?) also known as the "Menedez Defense" (cold-bloodedly murdered their parents and asked for leniency because they were orphans.)

Sorry bout the rant, but get really tired of the news stories that are biased, inaccurate, and downright a pack of lies. Decent reporting on TV and in print went away a long time ago, it seems to me.

Ramblin Wreck · #14 09/16/10, 07:36 AM

Quote:

Originally Posted by JuliaAnn

These days, tax revenues are down across the board--sales tax, property tax, etc. Counties have to make up that revenue somewhere, and why not go after people like this man? 5K is a nice small chunk of money....

You may be right about that, at least partially. I think another contributing factor in law enforcement these days is that we have a bad ratio of "Barney's to Andy's", too many nit pickers who want to "nip it in the bud" and not enough intelligent, level headed, community minded public servants. In our county, we could cut our public safety payroll in half and be safer...if we could weed out the Barney's.

haypoint · #15 09/16/10, 09:09 AM

I sure hope no one hurts them selves with all this jumping to conclusions.
No one said he had kids working there, his or anyone elses. He had employees, people hired to work his crops. Sure, he saays he gave a lot away. But isn't that how most people try to get out of a ticket? "No, officer, I was just giving it away...." Works for everything from raw milk sales to prostitution.

Zoning violations are violations. If the zoning ordinance says no huge gardens and no Adult Book Stores, should the enforcement be "pick and choose"? No, the law is the law, until you get it changed.

No one here has any idea why that was a rule and we don't know how many times he was told to stop.

Those with some legal background understand that if you let some zoning violations slide, for whatever reason, that fact will undermine enforcement of every other violation. "How can you stop me from having a 20 Pitbull puppy mill in my side yard when you let others violate the rules without stopping them?"

The solution is in the story. Change the law. Looks like they dod. It is over, solved. But wait, he did break the law, when it was a law. So he'll pay for that violation. That's how it works.

If you were going 45 in a 35 and got a speeding ticket, then you got the city to change the speed limit to 45, you'd still have to pay for the violation wouldn't you?

After the first time "Andy" tells a driver, " Now you know you aught not be drinkin and drivin. So, you just be careful and git home. Tell the missis I said Hi." Then when he runs off the road or runs into anyone, no one is there for poor ol Andy, " Ol' Andy didn't mean no harm, he's just a good ol boy," The village police get sued and they have to fire Andy.

Yes, too many Barneys, not enough good old boys willing to cut the police slack for their lack of 20-20 hindsight. It is the same common complaint, I don't want police or goverrnment control, except when it leads to a problem for me.

Dwayne Barry · #16 09/16/10, 09:44 AM

So he wasn't really fined for growing "too many vegetables", he's being fined for basically running a farm in area not zoned for that?

Not really any different than if a guy opened up a body repair shop in a residential neighborhood and it was reported he was fined for working on too many cars

goohsmom · #17 09/16/10, 11:09 AM

For some in-depth info on this, check out this board: http://www.aboutclarkston.com/forum/...9900082b88d1a5

It appears this has been an on-going issue, dating back to 2008.

JohnL751 · #18 09/16/10, 11:28 AM

I didn't read all of the coments above but I can tell you this.

In Springfield Missouri I was written up by the Health Department because my garlic chives were too tall ( over twelve inches ).

Stalin is dead and The Wall is down but these people are still in there digging for it!

Dwayne Barry · #19 09/16/10, 11:52 AM

Quote:

Originally Posted by JohnL751

Stalin is dead and The Wall is down but these people are still in there digging for it!

Except of course these sorts of laws and regulations exist because of the democratic process and people wanting to protect their property values

So while your freedoms may be restricted "these people" are fundamentally different, or at least have fundamentally different motivations.

ronbre · #20 09/16/10, 03:09 PM

glad we live where we do, no fines,no zoning..no nuthin..do as you please