Ever wonder what happens when State of Georgia Law is ignored and not enforced? Without convention, there is anarchy. Well, the following chapter will show what happens when those given power refuse to abide by authority above them – rabbit holes that should have never been dug.
A new neighbor, who chose to build next to our agriculturally zoned farm in 2017 after moving out of a subdivision, would call 911 five times in less than 21 days regarding legal agricultural regulation we have conducted on our land for over four decades. Regulation past down from previous generations and approved by state and federal governments. Being on agriculturally zoned land, the “Raising Of Crops / Gardening”was Reason #4 my family purchased in 1978. Exposed below will show that we have been illegally attacked by the “City” of Milton with state laws being ignored and violated on countless fronts.
First, this neighbor complained about my burning debris on our property. Agricultural burns are common in farming as the ash puts nutrients back into soils while keeping land debris to a minimum. The Milton Fire & Police Departments would arrive. I showed them the State of GA law online which says that agriculturally zoned properties of 5 acres or more are exempt from the burn ban; our farm sits on 6 plus acres.
A moment later, “City” of Milton Fire Battalion Chief Danny Elliot appeared, screaming at me – finger pointed; demanding that the fire be put out. I tried to show him the information from the State of GA website as well via my cell phone, but he refused stating that State of GA law “didn’t matter, this is the City of Milton!” Mr. Elliot also complained, stating that I “got everyone out of bed.” I then countered, asking if “City” of Milton law super cedes state and federal law? He did not respond. He then went on to state that the Milton Fire Marshall would be calling me the next day and that I would be getting citations; he was not sure of how many.
It was at this time that the accompanying officer said I needed to turn down my radio; stating the same neighbor complained about this use as well. I refused, stating that we have always regulated our crop management by using a radio to keep deer at bay and that if the “City” of Milton did not want us to use these legal agricultural practices as we have done for generations, then change the zoning and we will sell. It would be incredibly tough to find another way to honor my parents, however…
The next day, Milton Fire Marshall Alex Fortner expressed via email that they were looking into the information I shared about state law burning requirements. A few days later, he emailed me again, stating that the “City” of Milton was not aware of Governor Kemp’s changes to burning requirements. Thus, I knew more about Georgia State Law than the “City” of Milton Georgia did. State and Federal law take precedent over county and municipal law. My burning on our agriculturally zoned property is perfectly legal 24 / 7 provided forestry fire ratings are within reason. I received a letter from the State of Georgia confirming the same. Rest assured if anyone has a reason to respect fire, I would.
Well, the “City” of Milton’s ignorance of State of Georgia and Federal law would transpire yet again…
I would receive two emails from Milton Police Chief Rich Austin; telling me I had to turn down the radio and find other means. I told him I would not as this is the same practice as we have done for generations and that we are exempt via state and federal law. Copying City Manager Steve Krokoff, I stated that if my family’s way of life was no longer welcome in what is now the “City” of Milton, that is fine – change the zoning and extend sewer and we will sell out. Countless members of Milton’s City Council have stated both publicly and privately that they will not change our property’s current agricultural zoning or extend sewer.
On July 14, while burning, the same family that called 911 initially was filming me with their cell phone. Fire & Police arrive again. Meeting two of the firemen at my fence line along the road – they asked if they could see the burn I was doing. As we got back to where my garden is located, I shared that if these individuals are not complaining about my agricultural burning, they are complaining about the radio I used to keep deer out. One of the firemen, from Station 85 – Shift B located on Mid Broadwell Road stated “I didn’t even notice the radio until you mentioned it. It actually sounds kind of soothing…” Both previewed my fire burn set up, looked ateach other in dismay and said, “no problem.” We then discussed gardening.
Milton Police Officer J Harell asked to speak with him at our driveway entrance. He said I was being cited for violating the noise ordinance. It was at this time that I told him that City Manager Steve Krokoff asked to stop by the property and we had agreed to meet on Monday.
Officer Harell said that it didn’t matter. I also told Officer Harell that if I turned off the radio, my garden would suffer severe deer damage while mentioning that these legal agricultural practices are approved via the State of GA as well as Federal Law. He stated that didn’t matter, either.
Now that I had been cited for doing the same legal practices that we had done on our property for over four decades, I chose to leave the radio on until I meet with the City manager on Monday. We had high hopes for a good yield from our fall garden and could not afford any crop loss.
Our 1990’s Sony Cassette Player Radio is 1 foot long x 6 inches wide. Using small radios as a legal tool in our gardening practices on our agriculturally zoned land has transpired for decades.
The evening of July 15, I heard a knock at our front door. It was the Milton Police again; telling me I was violating the noise ordinance, serving me with yet another citation. They would climb over our locked gate to gain access.This time, however, the officers in attendance said that I would be arrested the next time. It should be noted that I have never been arrested nor do I have a criminal record.
Deer coming in at duskDamaged by deerDamaged by deer
The following day, my girlfriend met with “City” Manager Steve Krokoff and Police Chief Austin at “City” Hall. It was agreed that the same two officers that delivered the second citation would come out directly and do a sound reading. The level that they left the radio at was barely audible, but I agreed to leave it be. That night I tried to keep the deer at bay by standing guard but had to sleep. The next morning, the plants suffered severe deer damage wiping out our fall garden. The following day, we had rain, so I moved the radio six inches closer to the house. I adjusted no dials.
It should also be noted that “City” Manager Steve Krokoff never showed up on Monday as he had promised. In addition, the “City” of Milton continued to refuse to acknowledge State and Federal law regarding agriculturally zoned properties.
Spending the night in Atlanta a couple of days later, I woke to a voice mail from Alpharetta 911 stating that two officers were waiting at my gate yet again. I askedmyself; what is it now? I would eventually speak with Milton Police Lt Jason Griffin who would tell me that I was cited for a third time for violating the noise ordinance.
I countered, stating that you didn’t cite me a third time, the “City” of Milton cited the Milton Police Department as the radio was at the volume the Milton Police had left it at early that week. I would later receive word from the Milton Police Department that they retracted the third citation. Officer Griffin also suggested that I just turn off the radio – which I did. Due to this case’s delay to July 10, 2020, and the “City” of Milton’s threats of incarceration and ignorance of both State of Georgia and Federal Law, we did not grow any crops for 2020, 2021, and 2022. Even though this case was dismissed, the “City” of Milton violated our land rights, State, and Federal law. The “City” of Milton still state I have to find other means. When I arrived for court, the bailiff refused to allow me to read a prepared letter which included information on state and federal laws shared herein.
Example 3 of those given power at the “City” of Milton refusing to follow or abide by State of Georgia and Federal Law by violating our land rights as legally purchased.
Since incorporation in 2006, The “City” of Milton, GA has chosen to use the word “Rural” often. Claiming “Rural” and “Being Rural” are two totally different actions. Claiming to be “Rural” is simply pictures of horses and countryside on a municipal website; albeit a “My Little Pony” front. “Being Rural” is long hot hours with sweat, bug bites, weather battles, property repair, pest battles, raising animals and produce for consumption, using any tool within reason to bring success to reality, and having other animals for other uses. “Being Rural” is not violating one’s land rights and knowing state and federal law – “Being Rural” is less government; not more. Our country’s ability to grow sustenance is one of our greatest strengths. In 2019, Georgia’s agricultural industry contributed $70.1 billion to the state’s overall economy. Farmers have used many different types of tools to protect crops including radios. You can find countless returns of such legal practices online throughout the country to keep deer away.
BE ADVISED.
Georgia is a Buyer Beware State. According to State of Georgia Law and Real Estate contracts, “Caveat Emptor” specifically states the following within: “In every neighborhood there are conditions which different buyers may find objectionable. Buyer shall have the sole duty to become familiar with neighborhood conditions that could affect the Property such as landfills, quarries, power lines, airports, cemeteries, prisons, stadiums, odor and noise producing activities, crime and school, land use, government and transportation maps and plans.”
Complainant purchased next to an active farm of over 4 decades and three generations. This neighbor should have vetted their purchase more clearly and asked themselves if their lifestyle would coincide with that of a bordering active farm. My family didn’t move next to them. They chose to build next to us.
Example 4 of those given power at the “City” of Milton refusing to abide by State of Georgia Law by not enforcing the “Buyer Beware” Statute.
14th Amendment– Even though our agricultural practices are State and Federally approved, the “City” of Milton violated the equal treatment clause.
A. Never cited or warned celebrity Brian Latrell for noise complaints.
B. Never cited or warned family who shot our horse with paint balls, shot fireworks into our pastures and revved engines to scare her for 7 plus years.
C. Never cited or warned “Needed” Murder High School aka The LIE. Even though a different noise ordinance level, no decibel readings ever taken since school arrived in 2006, after forcing seven families off their land amidst lies while extending sewer. You can easily hear Murder High School activities all over our six plus acres and even inside our home, turning our once tranquil farm into an amphitheater year-round. You cannot hear our garden radio inside our house. Recently, a neighbor a few properties north of us were having a party with loud amplification. They were never warned or cited.
Example 5 of those given power at the “City” of Milton refusing to follow or abide by State of Georgia Law by violating the 14th Amendment.
“City” of Milton states they cannot control how laws were enforced prior. Shouldn’t a supposed “City” be students of state and federal law with continuing education practiced regularly? Private citizens shouldn’t have to dust of law books. Then again, these “leaders” want to be the herder and the people, therefore, sheep.
Family property was purchased in 1978 for all things that a country or true “rural”lifestyle affords; with the raising of crops being a constant. Deer have always been an issue with activity increasing substantially as subdivisions continue to take the place of long-standing farms and forests. My grandfather, Joseph R. Murphy, was a great gardener and taught me how to keep deer at bay to protect crops by using flood lights and a radio. My parents used the same approach and now I am. There were only three years that we did not have a garden due my mother’s failing health until this conflict. Many employees of the “City” of Milton as well as volunteers and residents have all enjoyed produce from our farm including firemen, police officers, Mayor Joe Lockwood, and Council Member Paul Moore.
The “City” of Milton did not consider and respect State and Federal law, farms, and the process regarding their noise ordinance. Often, we hear about exceptions within a law. Not only did the “City” of Milton not reach out to the few remaining active farms for input or education, but they also refused to acknowledge a farmer’s lifestyle, nor did they clarify state and federal law. Case in point, we have had peacocks, roosters, and guinea hens on our property prior. Today, according to the “City” of Milton, we would be in violation for keeping such birds again, which do emit noise 24 hours a day and are much louder than my 1990’s Sony Cassette Player Radio.
A local Milton video showing decibel reader results was recently posted online. The minute plus video records quite a bit; including wild birds; some of which were 56 decibels or higher.
Rich AustinThe “City” of Milton’s Police Chief Rich Austin suggested my installing new fencing, lasers, deer pellets, etc. – costing thousands of dollars. For 2019, our garden grossed under $700. We had hoped for twice that, but the fall garden did not happen due to deer damage from being forced to turn the radio off. Add this to the doubling of property taxes and increase in city taxes that the few remaining landowners are having to endure…families such as mine didn’t move to the “City” of Milton or its’ newer populace; such moved to us, and we continue to have to pay more and more with our lifestyle being illegally attacked…and people wonder why remaining landowners want out.
At the direction of Police Chief Austin and City Manager Krokoff, Milton Police Officers were directed to violate their oath of office countless times which states that they “swear (or affirm) that (I) will support and maintain the constitution and laws of the State of Georgia…” These officers are guilty of “illegal search, seizure, and criminal trespass” as no laws were being broken nor did I call them for assistance or give them permission to come onto my parents’ private property. Regarding this situation, the officers that broke the law in this instance were doing so via the command of a higher authority.
Example 6 of those given power at the “City” of Milton refusing to follow or abide by State of Georgia Law as they conducted illegal search, seizure, and trespass.
A brief side note…My personal experience with Milton’s finest has been suspect. I have had four Milton officers show up at one of our former properties on Bethany Road, shoving guns and flashlights in my face; demanding that I “show them (my) fucking hands!” – all for sitting in my vehicle in my driveway quietly filming speeders on our road- material I had hoped to give to the Milton Police Department to aid in enforcement. In today’s world of hating police, many would have run to the media –I didn’t.
I have always been and will continue to be a supporter of all police officers regardless. They have courage most do not and are messengers in many situations.
These attacks by the “City” of Milton are a clear violation of State of GA and Federal law, our property rights, and for what my ancestors, and now myself, purchased and have used our property for. With such, my family’s fourth reason for purchasing our farm, that being agriculture, has *NOT BEEN PROTECTED* but instead attacked by the “City” of Milton.
A moment later, “City” of Milton Fire Battalion Chief Danny Elliot appeared, screaming at me – finger pointed; demanding that the fire be put out. I tried to show him the information from the State of GA website as well via my cell phone, but he refused stating that State of GA law “didn’t matter, this is the City of Milton!” Mr. Elliot also complained, stating that I “got everyone out of bed.” I then countered, asking if “City” of Milton law super cedes state and federal law? He did not respond. He then went on to state that the Milton Fire Marshall would be calling me the next day and that I would be getting citations; he was not sure of how many. 
The next day, Milton Fire Marshall Alex Fortner expressed via email that they were looking into the information I shared about state law burning requirements. A few days later, he emailed me again, stating that the “City” of Milton was not aware of Governor Kemp’s changes to burning requirements. Thus, I knew more about Georgia State Law than the “City” of Milton Georgia did. State and Federal law take precedent over county and municipal law. My burning on our agriculturally zoned property is perfectly legal 24 / 7 provided forestry fire ratings are within reason. I received a letter from the State of Georgia confirming the same. Rest assured if anyone has a reason to respect fire, I would. 
I would receive two emails from Milton Police Chief Rich Austin; telling me I had to turn down the radio and find other means. I told him I would not as this is the same practice as we have done for generations and that we are exempt via state and federal law. Copying City Manager Steve Krokoff, I stated that if my family’s way of life was no longer welcome in what is now the “City” of Milton, that is fine – change the zoning and extend sewer and we will sell out. Countless members of Milton’s City Council have stated both publicly and privately that they will not change our property’s current agricultural zoning or extend sewer.
Our 1990’s Sony Cassette Player Radio is 1 foot long x 6 inches wide. Using small radios as a legal tool in our gardening practices on our agriculturally zoned land has transpired for decades.
Georgia is a Buyer Beware State. According to State of Georgia Law and Real Estate contracts, “Caveat Emptor” specifically states the following within: “In every neighborhood there are conditions which different buyers may find objectionable. Buyer shall have the sole duty to become familiar with neighborhood conditions that could affect the Property such as landfills, quarries, power lines, airports, cemeteries, prisons, stadiums, odor and noise producing activities, crime and school, land use, government and transportation maps and plans.” 
Even though our agricultural practices are State and Federally approved, the “City” of Milton violated the equal treatment clause.
A brief side note…My personal experience with Milton’s finest has been suspect. I have had four Milton officers show up at one of our former properties on Bethany Road, shoving guns and flashlights in my face; demanding that I “show them (my) fucking hands!” – all for sitting in my vehicle in my driveway quietly filming speeders on our road- material I had hoped to give to the Milton Police Department to aid in enforcement. In today’s world of hating police, many would have run to the media – I didn’t. 
“City” of Milton are a clear violation of State of GA and Federal law, our property rights, and for what my ancestors, and now myself, purchased and have used our property for. With such, my family’s fourth reason for purchasing our farm, that being agriculture, has *NOT BEEN PROTECTED* but instead attacked by the “City” of Milton.