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Is this sign enforceable?

Posted: Sun Jan 28, 2018 3:14 pm
by TheFriscoKid
The sign is placed at the entrance to a hiking trail. Under Texas 1.08 it seems this sign would have no legal impact.

Sec. 1.08. PREEMPTION. No governmental subdivision or agency may enact or enforce a law that makes any conduct covered by this code an offense subject to a criminal penalty. This section shall apply only as long as the law governing the conduct proscribed by this code is legally enforceable.
ElmFork.jpg

Re: Is this sign enforceable?

Posted: Sun Jan 28, 2018 3:18 pm
by apostate
I don't know any law against them posting that sign or enforcing the BB gun ban.

Re: Is this sign enforceable?

Posted: Sun Jan 28, 2018 3:28 pm
by JustSomeOldGuy
Pre-emption would indicate the sign/ordinance does not apply to carry under LTC, but it might take a civil suit to prove that....
I'm also thinking that there might be an ADA issue with the "only on foot or in a wheelchair" edict, depending on the actual topography of the trail.....

Re: Is this sign enforceable?

Posted: Sun Jan 28, 2018 3:54 pm
by warnmar10
Is this the same Carrollton who bulldozed the egret rookery a few years ago? Delicate piece of park property indeed... https://www.upi.com/Archives/1998/11/28 ... 912229200/

Re: Is this sign enforceable?

Posted: Sun Jan 28, 2018 5:04 pm
by TheFriscoKid
One and the same. Thank you for the history lesson.

Re: Is this sign enforceable?

Posted: Mon Jan 29, 2018 11:19 pm
by RicoTX
Not to ltc holders. We have similar signs at all our city parks, etc. If you are worried about it, write a letter to the city attorney to request clarification. When you get the response, take a picture of it and keep it in your phone...assuming it is correct. If the city attorney says the sign applies to you, take the issue higher up.

Re: Is this sign enforceable?

Posted: Tue Jan 30, 2018 9:13 am
by jminn1
The other thing to watch out for is if the area falls under the preview of the Corps of Engineers.

Then it's off-limits to carry.

I did a quick google and couldn't tell for sure.

Re: Is this sign enforceable?

Posted: Tue Jan 30, 2018 2:07 pm
by TheFriscoKid
Thanks for the help - I am going to follow up with city attorney.

The thing is, there are 3 dangers for this area.

Homeless that live in the woods and near that area. On one occasion we were accosted and followed by a homeless person wanting money.

People that let their dogs run freely. We've encountered large dogs and aggressive breeds on the trails running loose. I have a toddler and would want to stop the dog attack or from attacking in the first place.

A loose pit bull charging my kid will always be a deadly threat in my book.

Abandoned dogs in packs, I've seen and heard them in the area but thankfully not on the trails. Doesn't mean that an encounter isn't possible.

Re: Is this sign enforceable?

Posted: Wed Jan 31, 2018 1:46 am
by WildRose
It is enforceable as far as a city code violation but not otherwise.

Re: Is this sign enforceable?

Posted: Wed Jan 31, 2018 8:57 am
by RPBrown
WildRose wrote:It is enforceable as far as a city code violation but not otherwise.
Not for an LTC holder.

Re: Is this sign enforceable?

Posted: Wed Jan 31, 2018 3:25 pm
by Soccerdad1995
RPBrown wrote:
WildRose wrote:It is enforceable as far as a city code violation but not otherwise.
Not for an LTC holder.
:iagree: An LTC holder is not violating any laws, codes, or otherwise.

But by having the city code, the city is violating Texas law. It would be interesting if they actually issued you a citation since that citation would be pretty clear evidence of the city government's violation of the "fines for signs" law.

Re: Is this sign enforceable?

Posted: Wed Jan 31, 2018 3:55 pm
by Abraham
I have an up to date LTC - so I would ignore these un-enforceable signs.

Re: Is this sign enforceable?

Posted: Thu Feb 01, 2018 5:42 pm
by WildRose
Soccerdad1995 wrote:
RPBrown wrote:
WildRose wrote:It is enforceable as far as a city code violation but not otherwise.
Not for an LTC holder.
:iagree: An LTC holder is not violating any laws, codes, or otherwise.

But by having the city code, the city is violating Texas law. It would be interesting if they actually issued you a citation since that citation would be pretty clear evidence of the city government's violation of the "fines for signs" law.
I have got to admit that I was unaware of the change in law with respect to gov't owned properties.

Looking around, I see a whole lot of unlawful signage in a lot of communities today.

Re: Is this sign enforceable?

Posted: Thu Feb 01, 2018 5:56 pm
by Flightmare
That's just one reason I love this forum. Staying up to date on current laws and pending/proposed legislation is quite valuable.

Re: Is this sign enforceable?

Posted: Thu Feb 01, 2018 5:59 pm
by RicoTX
I think the city would only be violating the law if they posted it 30.06 / 30.07. The sign has no effect on ltc holders therefore it is not a violation in my opinion. Many cities will update their code to specify that ltc holders are exempt, but I don't think it really matters...because the verbage has no effect on an ltc holder anyway. I would carry on no problem. If I was worried about it, I would just make sure the police are aware of the issue.