Letter sent to the City of Montrose by the State of Iowa agency in charge of Environmental violations. The City followed no laws that are in place to protect all living things from toxic chemicals. This letter was sent to the Street Dept Director at the time. There had never been any chemicals applied anywhere in town except the cemetery by city employees. These chemicals were applied precisely on the city’s easement on my property. Not an inch past my boundary or an inch short of my boundary. Only after Mark Conlee was elected to city council were chemicals applied to the easement.
Conlee had applied chemicals to my side of our 300′ common boundary the year prior to this. He continued to apply chemicals to my side of the boundary this year and for three years after that. Five years straight I was intentionally exposed to chemicals. I complained to the city. I complained to County attorney Mike Short. Short advised me that Mark Conlee “said”, “he only applied it to the bottom of his side of the fence. Both the city and county attorney had the same reason not to file a criminal complaint against Conlee. They didn’t believe neighbors filing complaints against neighbors was a good thing to do. I was criminally charged by the City and the State on complaints based on “Mark Conlee said” all charges against me were dismissed. Doesn’t the county attorney know that hearsay is not evidence? Mark Conlee “said” many false statements throughout this attack against my person and my property.
18 U.S.C. § 229 – U.S. Code – Unannotated Title 18. Crimes and Criminal Procedure § 229. Prohibited activities
Unlawful conduct. (a) –Except as provided in subsection (b), it shall be unlawful for any person knowingly–
(1) to develop, produce, otherwise acquire, transfer directly or indirectly, receive, stockpile, retain, own, possess, or use, or threaten to use, any chemical weapon; or (2) to assist or induce, in any way, any person to violate paragraph (1), or to attempt or conspire to violate paragraph (1).
Exempted agencies and persons. (b) —
In general. (1) –Subsection (a) does not apply to the retention, ownership, possession, transfer, or receipt of a chemical weapon by a department, agency, or other entity of the United States, or by a person described in paragraph (2), pending destruction of the weapon.
Exempted persons. (2) –A person referred to in paragraph (1) is–
(A) any person, including a member of the Armed Forces of the United States, who is authorized by law or by an appropriate officer of the United States to retain, own, possess, transfer, or receive the chemical weapon; or
(B) in an emergency situation, any otherwise non-culpable person if the person is attempting to destroy or seize the weapon.
Jurisdiction. (c) –Conduct prohibited by subsection (a) is within the jurisdiction of the United States if the prohibited conduct–
(1) takes place in the United States;
(2) takes place outside of the United States and is committed by a national of the United States;
(3) is committed against a national of the United States while the national is outside the United States; or
(4) is committed against any property that is owned, leased, or used by the United States or by any department or agency of the United States, whether the property is within or outside the United States.
This crime is punishable by any term of years in prison. If the crime results in death, the punishment is death or life imprisonment. Property owned or used by the person is subject to forfeiture. Any property derived from and proceeds obtained from the offense and property used to commit or facilitate the offense is also subject to forfeiture. The statute also imposes an additional fine of up to twice the gross profit or proceeds from the offense (18 U.S.C. 229, et seq.).
A chemical weapon is:
- a toxic chemical and its precursors (chemical reactants that take part in producing a toxic chemical) unless intended for a purpose that is not prohibited and the type and quantity is consistent with that purpose,
- a munition or device designed to cause death or harm through toxic chemicals that would be released by the device, or
- equipment designed for use directly in connection with using such a munition or device.
A toxic chemical is a chemical that can cause death, temporary incapacitation, or permanent harm to people or animals.
The law specifies that it does not apply to self-defense devices such as pepper spray or chemical mace. It also does not prevent uses related to (1) industrial, agricultural, research, medical, or pharmaceutical activity; (2) protection against chemical weapons; (3) unrelated military purposes; and (4) law enforcement purposes such as riot control and imposing the death penalty.
Iowa Code Sec. 237. Section 729.5, Code 2013, is amended to read as follows: 729.5 Violation of individual rights — penalty. 1. A person, who acts alone, or who conspires with another person or persons, to injure, oppress, threaten, or intimidate or interfere with any citizen in the free exercise or enjoyment of any right or privilege secured to that person by the constitution or laws of the state of Iowa or by the constitution or laws of the United States, and assembles with one or more persons for the purpose of teaching or being instructed in any technique or means capable of causing property damage, bodily injury or death when the person or persons intend to employ those Fri Nov 08 16:03:04 2013 59/65 CH. 90 60 techniques or means in furtherance of the conspiracy, is on conviction, guilty of a class “D” felony. 2. A person intimidates or interferes with another person if the act of the person results in any of the following: a. Physical injury to the other person. b. Physical damage to or destruction of the other person’s property. c. Communication in a manner, or action in a manner, intended to result in either of the following: (1) To place the other person in fear of physical contact which will be injurious, insulting, or offensive, coupled with the apparent ability to execute the act. (2) To place the other person in fear of harm to the other person’s property, or harm to the person or property of a third person. 2. 3. This section does not make unlawful the teaching of any technique in self-defense. 3. 4. This section does not make unlawful any activity of any of the following officials or persons: a. Law enforcement officials of this or any other jurisdiction while engaged in the lawful performance of their official duties. b. Federal officials required to carry firearms while engaged in the lawful performance of their official duties. c. Members of the armed forces of the United States or the national guard while engaged in the lawful performance of their official duties. d. Any conservation commission, law enforcement agency, or any agency licensed to provide security services, or any hunting club, gun club, shooting range, or other organization or entity whose primary purpose is to teach the safe handling or use of firearms, archery equipment, or other weapons or techniques employed in connection with lawful sporting or other lawful activity