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Old 01-22-2021, 05:45 PM
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I'm not sure if I'm wording my question properly, please bear with me:

What does a "No Trespassing" sign mean, legally, when placed on private property? What rights does it give the property owner and what penalties does it impose on the trespasser, if any, Vs a property with no signs.

The reason I'm asking is that I have a "no solicitor" sign and it gets ignored by solicitors. These people can't/don't read, don't know what "soliciting" means or they just don't care. I'm wondering if a "No Trespassing" sign will be a little more "persuasive".
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Old 01-22-2021, 06:10 PM
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I'm sure it varies by State. Here, the requirements are quite specific. The signs have to meet the specs and be no more that X feet apart, and on all 4 sides of the property.

If you see a trespasser you have to call the police and then press charges. A hassle, and you won't get anything in return.

If there is a hole on the property and the trespasser falls in and dies, the signs won't do you any good when the wife sues you for wrongful death.
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Old 01-22-2021, 06:47 PM
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Varies by state for sure.
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Old 01-22-2021, 06:49 PM
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This is much better than a “no solicitation” sign

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Old 01-22-2021, 06:50 PM
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Better put signs saying.

"Beware of the bears" instead.
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Old 01-22-2021, 06:54 PM
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Better to get one of these.
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Old 01-22-2021, 07:00 PM
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Double Header at Dalton.
Great place for a picture.
Look at that Abe Lincoln Fence!
But it’s private land and they Got No Trespassing Signs everywhere!
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Old 01-22-2021, 07:32 PM
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Try this:
“No Trespassing, surveillance drones, night vision cameras, motion sensors in use. Law Enforcement dogs and snipers train here. Bulldozer on location for towing, do not park or block access.”
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Old 01-22-2021, 07:36 PM
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Try this:
“No Trespassing, surveillance drones, night vision cameras, motion sensors in use. Law Enforcement dogs and snipers train here. Bulldozer on location for towing, do not park or block access.”
Add to that, "and due to the recent high cost of ammunition, do not expect a warning shot".
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Old 01-22-2021, 07:59 PM
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There are specific legal rights involved with trespassing. It will behoove you to read your state laws.

Private property does not have an implied no trespassing right. First, the potential trespasser must have knowledge they are on private property. Second, they must have had the opportunity to know that they are not welcome on that property.

State law should tell you what kind of notification is necessary. For example, here, a sign on a fence must be posted every so many feet to meet the requirement.

When someone is trespassing, they are breaking the law. Again, you must consult your state's laws to determine the penalty. Here, can call the police and they will come remove a trespasser. Since it will be at least half an hour before they get here, that's not a great option. In my state, I'm allowed to use whatever force is necessary to remove a trespasser.

Just because a sign says trespassers will be shot doesn't make it legal to shoot someone. It may be legal to use deadly force in some state, but definitely not this one.
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Old 01-22-2021, 08:04 PM
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Quote:
Originally Posted by Ματθιας View Post
I'm not sure if I'm wording my question properly, please bear with me:

What does a "No Trespassing" sign mean, legally, when placed on private property? What rights does it give the property owner and what penalties does it impose on the trespasser, if any, Vs a property with no signs.

The reason I'm asking is that I have a "no solicitor" sign and it gets ignored by solicitors. These people can't/don't read, don't know what "soliciting" means or they just don't care. I'm wondering if a "No Trespassing" sign will be a little more "persuasive".
Ask, and ye shall receive; knock and the door will be answered. Below is current New Mexico trespass law.


ARTICLE 14
Trespass
30-14-1. Criminal trespass.
A. Criminal trespass consists of knowingly entering or remaining upon posted private property without possessing written permission from the owner or person in control of the land. The provisions of this subsection do not apply if:

(1) the owner or person in control of the land has entered into an agreement with the department of game and fish granting access to the land to the general public for the purpose of taking any game animals, birds or fish by hunting or fishing; or

(2) a person is in possession of a landowner license given to him by the owner or person in control of the land that grants access to that particular private land for the purpose of taking any game animals, birds or fish by hunting or fishing.

B. Criminal trespass also consists of knowingly entering or remaining upon the unposted lands of another knowing that such consent to enter or remain is denied or withdrawn by the owner or occupant thereof. Notice of no consent to enter shall be deemed sufficient notice to the public and evidence to the courts, by the posting of the property at all vehicular access entry ways.

C. Criminal trespass also consists of knowingly entering or remaining upon lands owned, operated or controlled by the state or any of its political subdivisions knowing that consent to enter or remain is denied or withdrawn by the custodian thereof.

D. Any person who enters upon the lands of another without prior permission and injures, damages or destroys any part of the realty or its improvements, including buildings, structures, trees, shrubs or other natural features, is guilty of a misdemeanor, and he shall be liable to the owner, lessee or person in lawful possession for civil damages in an amount equal to double the value of the damage to the property injured or destroyed.

E. Whoever commits criminal trespass is guilty of a misdemeanor. Additionally, any person who violates the provisions of Subsection A, B or C of this section, when in connection with hunting, fishing or trapping activity, shall have his hunting or fishing license revoked by the state game commission for a period of not less than three years, pursuant to the provisions of Section 17-3-34 NMSA 1978.

F. Whoever knowingly removes, tampers with or destroys any "no trespass" sign is guilty of a petty misdemeanor; except when the damage to the sign amounts to more than one thousand dollars ($1,000), he or she is guilty of a misdemeanor and shall be subject to imprisonment in the county jail for a definite term less than one year or a fine not more than one thousand dollars ($1,000) or to both such imprisonment and fine in the discretion of the judge.

G. This section, as amended, shall be published in all issues of "Big Game Hunt Proclamation" as published by the department of game and fish.


Penalties:

30-14-1.1. Types of trespass; injury to realty; civil damages.
A. Any person who enters and remains on the lands of another after having been requested to leave is guilty of a misdemeanor.

B. Any person who enters upon the lands of another when such lands are posted against trespass at every roadway or apparent way of access is guilty of a misdemeanor.

C. Any person who drives a vehicle upon the lands of another except through a roadway or other apparent way of access, when such lands are fenced in any manner, is guilty of a misdemeanor.

D. In the event any person enters upon the lands of another without prior permission and injures, damages or destroys any part of the realty or its improvements, including buildings, structures, trees, shrubs or other natural features, he shall be liable to the owner, lessee or person in lawful possession for damages in an amount equal to double the amount of the appraised value of the damage of the property injured or destroyed.


Posting Requirements:

30-14-6. No trespassing notice; sign contents; posting; requirement; prescribing a penalty for wrongful posting of public lands.
A. The owner, lessee or person lawfully in possession of real property in New Mexico, except property owned by the state or federal government, desiring to prevent trespass or entry onto the real property shall post notices parallel to and along the exterior boundaries of the property to be posted, at each roadway or other way of access in conspicuous places, and if the property is not fenced, such notices shall be posted every five hundred feet along the exterior boundaries of such land.

B. The notices posted shall prohibit all persons from trespassing or entering upon the property, without permission of the owner, lessee, person in lawful possession or his agent. The notices shall:

(1) be printed legibly in English;

(2) be at least one hundred forty-four square inches in size;

(3) contain the name and address of the person under whose authority the property is posted or the name and address of the person who is authorized to grant permission to enter the property;

(4) be placed at each roadway or apparent way of access onto the property, in addition to the posting of the boundaries; and

(5) where applicable, state any specific prohibition that the posting is directed against, such as "no trespassing," "no hunting," "no fishing," "no digging" or any other specific prohibition.

C. Any person who posts public lands contrary to state or federal law or regulation [regulation] is guilty of a petty misdemeanor.

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Old 01-22-2021, 08:16 PM
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Is it really that big a deal? I haven’t had anybody ring my doorbell that I didn’t know in a year. And I live in a real neighborhood . . .

Quote:
Originally Posted by Ματθιας View Post
I'm not sure if I'm wording my question properly, please bear with me:

What does a "No Trespassing" sign mean, legally, when placed on private property? What rights does it give the property owner and what penalties does it impose on the trespasser, if any, Vs a property with no signs.

The reason I'm asking is that I have a "no solicitor" sign and it gets ignored by solicitors. These people can't/don't read, don't know what "soliciting" means or they just don't care. I'm wondering if a "No Trespassing" sign will be a little more "persuasive".
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Old 01-22-2021, 08:26 PM
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Opening the door, wearing nothing but a grin and a pistol (maybe socks, if the floor is cold) tends to make solicitors make a hasty retreat and generally not return. Haven't had a Jehovah Witness at the door in years.
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Old 01-22-2021, 09:06 PM
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Here it helps to have the signs but I am sure it varies a lot state to state. You can also notify someone that they are not allowed on your property via register letter and send a copy to local sheriff.

You can always do a search for your states codes.

i just searched for N Mexico codes and found Chapter 30 - Criminal Offenses | NMOneSource.com
Trespass laws under ARTICLE 14

I have MONTANA CODES bookmarked and then I can ask the wife esq

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Old 01-22-2021, 09:13 PM
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Quote:
Originally Posted by Ματθιας View Post
...
I'm wondering if a "No Trespassing" sign will be a little more "persuasive".
Probably not. Have you considered just not answering the door?
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Old 01-22-2021, 10:14 PM
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Motion activated sprinkler ...
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Old 01-22-2021, 10:18 PM
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Quote:
Originally Posted by STORM2 View Post
Try this:
“No Trespassing, surveillance drones, night vision cameras, motion sensors in use. Law Enforcement dogs and snipers train here. Bulldozer on location for towing, do not park or block access.”
Don’t forget about the caution land mines sign
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Old 01-22-2021, 10:18 PM
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Quote:
Originally Posted by mckenney99 View Post
Opening the door, wearing nothing but a grin and a pistol (maybe socks, if the floor is cold) tends to make solicitors make a hasty retreat and generally not return. Haven't had a Jehovah Witness at the door in years.
Pass the mental eye bleach.
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Old 01-22-2021, 10:28 PM
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Quote:
Originally Posted by Ziggy2525 View Post
Probably not. Have you considered just not answering the door?
A big THANKS to all those who answered!!!

This really isn't about me, it's about my mom. She's 89, I don't live with her and I worry about her. If can do something to deter folks from coming on to her property, especially ringing the doorbell really early in the morning and when I'm not at her house that's all I'm trying to do.

While She won't answer the door, she'll go to the window to look.

Lately, there have been people canvasing the neighborhood trying to pedal solar panels, or they are putting papers on doors to solicit work - contractors, yard work and such.
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Old 01-22-2021, 10:37 PM
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My property is posted, as well as the two driveways. Just a couple years ago I had a game warden call for permission to enter. Last year the census people just drove in, no worries, but I did scold them and ran them off. Just yesterday, a county sheriff deputy just drove into the yard. He was trying to serve a warrant to next door neighbor, great guy, I didn't press the situation. Because of this thread, I think I better check my legal rights, distance for signs, etc.
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Old 01-22-2021, 10:39 PM
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My sign on the front door reads “no solicitors,, see dog for details”.
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Old 01-22-2021, 11:17 PM
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DANGER-SNAKES
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Old 01-22-2021, 11:27 PM
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ALL lands here in South Carolina are considered "Posted" by law whether you have sign up or not. You have to have written permission to be on said property.
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Old 01-22-2021, 11:54 PM
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I have found that "No Trespassing" or "Posted" signs only work if you're standing behind the tree to which you attached said sign.
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Old 01-23-2021, 12:50 AM
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A chap about 30 miles north of me posted this at his driveway:

"No Trespassing. I have a S&W and a backhoe."
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Old 01-23-2021, 01:22 AM
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We live in a gated community, with signs at the entrance that say
NO SOLICITING. It is generally ignored. When a solicitor comes
to my door I ask them if they know how to read. If they answer yes,
I ask which part of NO SOLICITING do they not understand. I've never
seen one of them return, but still plenty of new ones.
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Old 01-23-2021, 01:25 AM
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I think the no solicitor sign carries about as much weight as the ad people place in the paper stating that they are not responsible for any debts except their own. My advice to my mom in that situation is to disconnect the doorbell. The family has keys and her friends call before coming over. I thought about getting her a welcome mat that said **** Off but my wife nixed that idea (although Mom thought it intriguing )
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Old 01-23-2021, 01:39 AM
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Originally Posted by crazyphil View Post
We live in a gated community, with signs at the entrance that say
NO SOLICITING. It is generally ignored. When a solicitor comes
to my door I ask them if they know how to read. If they answer yes,
I ask which part of NO SOLICITING do they not understand. I've never
seen one of them return, but still plenty of new ones.
I had one come to the door last month. I let her do her song and dance about the benefits of solar. When she was done, I asked her if she read English as I pointed to the No Soliciting sign.

She said, "Oh, I'm not 'soliciting'. I'm not selling my body."

I laughed at her as I shut the door.
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Old 01-23-2021, 02:00 AM
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Perhaps if you had this in her yard it would help...
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Old 01-23-2021, 02:31 AM
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Worth repeating: Laws vary widely from state to state, and court rulings may provide legal precedents not readily apparent in a reading of the statutes.

Here in Colorado trespassing is pretty much a "strict liability" offense. It is the responsibility of each person to avoid entering into or remaining upon any private property without permission of the owner or person having lawful control. Fences and signs are not required for enforcement. Trespassing offenses vary considerably depending on the nature of the property (agricultural, residential, commercial, enclosed, dwelling structure, motor vehicle, etc); example: trespass on unenclosed residential property is a low-grade petty offense, on agricultural land is a misdemeanor, entering a motor vehicle may be a felony.

As a general rule the use of physical force in defense of property is prohibited, and use or display of a firearm in defense of property is likely to subject the property owner to greater penalties than the trespasser will receive.

Signs, fences, and gates are still a good idea, providing at least a presumption of intent to trespass by any who venture through such barriers.

My home is within a private HOA community. All of the streets, sidewalks, and common areas are private property. The property is completely enclosed by fencing. A sign at the ungated entrance advises "PRIVATE PROPERTY - OWNERS AND INVITED GUESTS ONLY". Anyone else who steps from the public roadway into our property is committing Third Degree Criminal Trespass (a petty offense subject to monetary fines but no jail time). We still see joggers, dog walkers, cars driving through, and an occasional salesman or solicitor. I have asked several to leave and only one has given me any argument. Cell phone cameras seem to make an impression on a lot of folks.

One annoying couple from a nearby residence liked to walk their dog and leave piles of droppings, got pretty mouthy when I objected, so I watched while they walked home, pulled county real estate records to identify them, sent a certified letter warning against any future entry to our property along with a copy of the state trespassing statute, and a photo of their dog doing his business while they watched. No further problems.

Caution is the best policy. We never know how some people will react to anything said or done. Better safe than sorry.
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Old 01-23-2021, 04:16 AM
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Originally Posted by Ματθιας View Post
I'm not sure if I'm wording my question properly, please bear with me:

What does a "No Trespassing" sign mean, legally, when placed on private property? What rights does it give the property owner and what penalties does it impose on the trespasser, if any, Vs a property with no signs.

The reason I'm asking is that I have a "no solicitor" sign and it gets ignored by solicitors. These people can't/don't read, don't know what "soliciting" means or they just don't care. I'm wondering if a "No Trespassing" sign will be a little more "persuasive".
I don't know where you're at so I can't speak to your state laws. In the state of Colorado they have absolutely no meaning. You are not trespassing until I ask you to leave and you refuse.

You also can't detain someone for the police and then tell the cops they were trespassing because if I'm detaining you you can't leave if you want to.

My job requires me to ask you to leave and warn you that I'm going to call the cops before actually calling. What usually happens is whoever I'm asking to leave dares me to call the police until I actually start dialing.

For security companies unless the client company has a written agreement on file with the police department to prosecute, the cops won't even come. When they do come they get out of the car, ask me specifically "Did you ask them to leave?" and as soon as I say yes they turn around and give them an e-ticket and leave.

I used to work for door-to-door sales company and my trainer told me very specifically to hit every single house I saw with a no soliciting sign on it. His rationale was the people that had no soliciting signs bad them because they didn't have the intestinal fortitude to tell the salesman to leave. He assumed anybody with one of those signs was an easy sell.

I'm not claiming to agree with him and I never saw him make a sale to somebody with a no soliciting sign on their door but that's what he told me.

I had a no soliciting sign on my door for a while and it seems like it made people knock more
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Old 01-23-2021, 05:39 AM
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I have signs on my field perimeter that read : DANGER! PRIVATE SHOOTING RANGE. DO NOT ENTER. In 15 years I have not seen one person in my field.Before the signs they treated it like a public park.
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Old 01-23-2021, 06:01 AM
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You can take this for what it's worth but when I was doing door-to-door sales if I got attitude I gave attitude.

So if you come to the door and I start my pitch and you go off on me we're going to have a conflict. Some of the guys that I worked with were not above flatting your tires.

On the other hand if you opened the door and I began my pitch and you POLITELY declined I didn't push it too hard.

You're not intimidating me when you come out to the door screaming at me. I don't care. It's just a really good way to start a conflict it doesn't need to be started
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Old 01-23-2021, 07:32 AM
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This set of facts begs a different answer than those originally offered . . .

Quote:
Originally Posted by Ματθιας View Post
A big THANKS to all those who answered!!!

This really isn't about me, it's about my mom. She's 89, I don't live with her and I worry about her. If can do something to deter folks from coming on to her property, especially ringing the doorbell really early in the morning and when I'm not at her house that's all I'm trying to do. . .
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Old 01-23-2021, 08:21 AM
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Interesting how things vary by municipality.

Our Township has little crime and an excellent police department. The Township enacted a “no solicitation” registry and door to door solicitors are now required to pull a $250 permit that’s good for 90 days. They’re given an ID badge that they have to wear, they can’t approach homes on the registry and the fine for violating the ordinance is $500. The police have no qualms about issuing the citations.

The Mrs. and I have lived here for 27 years. We previously had an issue with out of State vehicles coming in and dropping off a group of teenagers selling magazine subscriptions “to pay for college”. Right... One of them walked in the unlocked front front door of a friend who happened to be a Deputy Sheriff. That didn’t go over very well! It seems to be working, because I haven’t seen these parasites in years!
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Old 01-23-2021, 09:05 AM
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I have though for many years signs like No Trespassing, Keep Out, Posted, No Parking are in the wrong language.

What they need to be is in Braille!
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Old 01-23-2021, 09:12 AM
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How much force even properly posted trespassing signs will have is kind of up to you local law enforcement. I put signs up because of an ex neighbor that went coo coo. My drive is a big U (sign on each end). I have had people drive in looking for an address. Evidently they did not see the sign OR the fairly large numbers by it. I doubt the sheriff would do much, without them actually doing something more than getting out and knocking on the door. Unfortunately neither failing to be observant and/or being stupid are not a crime.

But, around here even in the country side a no trespass sign on the gate means stay on the road IF the gate is open. If the gate is closed I wouldn't be as worried about the law as I would be about the property owner. Plus, if I do drive onto someones place I had best drive right to the house and have a reason to be there even if there is not a sign. It would be impolite and being impolite out in the country, while on someone else's place is NOT a good plan. If I see a coyote I can shoot it and nobody will say anything. Be impolite not to. LOL Local customs

I saw a coyote on the way in. Did you shot it? No. Why not???

My brother lives out of town about 5 miles, His gate is about 150yards from his house. He has a metal NO TRESPASSING sign on the gate post. There are several bullet holes in the sign going from his side out. LOL

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Old 01-23-2021, 09:20 AM
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Sitting on the porch in a rocker with a M! Garand across your lap usually works.......


(Wonder where I got that idea???)
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Old 01-23-2021, 09:31 AM
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I guess I'm lucky. The small town I live in has a no-soliciting ordinance.

(On the minus side it's also a misdemeanor to discharge a firearm in city limits, so I can't set up a firing range on my property.)
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Old 01-23-2021, 09:55 AM
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Quote:
Originally Posted by s&wchad View Post
...
We previously had an issue with out of State vehicles coming in and dropping off a group of teenagers selling magazine subscriptions “to pay for college”.
We used to get the “magazines for college” crowd. Now it’s 16’ish year old kids with with a very large tupperware container of stale candy that are “learning life skills.”

Quote:
One of them walked in the unlocked front front door of a friend who happened to be a Deputy Sheriff. That didn’t go over very well!
In Nebraska, IIRC, coming in uninvited through a closed unlocked door (storm door, screen door) is considered breaking and entering. Not sure if they only use it to add charges to burglary suspects, but it’s a deal.
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Old 01-23-2021, 10:02 AM
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I'm sure it varies by State. Here, the requirements are quite specific. The signs have to meet the specs and be no more that X feet apart, and on all 4 sides of the property. If you see a trespasser you have to call the police and then press charges. A hassle, and you won't get anything in return. If there is a hole on the property and the trespasser falls in and dies, the signs won't do you any good when the wife sues you for wrongful death.
That's our post-1960's criminal justice system for you. Favoring the rights of the accused over the victims. And it's only going to get worse in the coming years
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Old 01-23-2021, 10:08 AM
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Seems you're looking for a deterrent for solicitors and signs typically won't do it. I saw the post above for the motion lawn sprinklers and I know a retired guy that uses them for that purpose and they absolutely do the job. From his reclining chair near his front window he can see people when they come up his sidewalk and he gets a big chuckle when they get sprayed. He took down his "No Soliciting " signs because he enjoys watching people come up his walk now, though they never make it to the door.
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Old 01-23-2021, 10:44 AM
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Sitting on the porch in a rocker with a M! Garand across your lap usually works.......


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Old 01-23-2021, 11:10 AM
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Solicitors? I don’t answer the door!
Trespassing? Confusing in NM.
Many forms of land ownership.
Private, Tribal, State and Federal.
They all got different rules, sometimes marked, often not.
Take the NM Mystery Stone. Its on State Trust land west of Los Lunas, NM.
Rules say you have a Pass from State Land Office.
I have been there with folks who said they had a Pass, been there with folks who didn’t have one.
The odds of meeting a State Land Office Official who would issue a ticket?
About the same as getting hit by a meteor!
I have cut firewood on State Land. Had a Ticket to Ride!
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Old 01-23-2021, 11:37 AM
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Ever run across a purple fence post? Here in Tennessee as well as several other states, A mark of purple paint at least 1" wide and 8" long applied 3 to 5' above ground level to fences, trees, buildings or other terrain features is a legal No Trespassing sign. Most people just paint the top of fence posts or put a large round spot on a tree. This was done so land owners wouldn't have to buy and maintain a bunch of expensive signs to post around their property. Instead all they need is a can of purple spray paint.
So if you're wandering around in Tennessee and come across a purple fence post, tree or anything else, you best be headed back the way you came. Ignorance of the law is no excuse.
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Old 01-23-2021, 12:05 PM
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Ever run across a purple fence post? Here in Tennessee as well as several other states, A mark of purple paint at least 1" wide and 8" long applied 3 to 5' above ground level to fences, trees, buildings or other terrain features is a legal No Trespassing sign. Most people just paint the top of fence posts or put a large round spot on a tree. This was done so land owners wouldn't have to buy and maintain a bunch of expensive signs to post around their property. Instead all they need is a can of purple spray paint.
So if you're wandering around in Tennessee and come across a purple fence post, tree or anything else, you best be headed back the way you came. Ignorance of the law is no excuse.
I didn't realize that TN was so ashamed of their football team that they use LSU purple instead of Tennessee Orange
Louisians's purple paint law:

B Although not required by this Section, notice that entrance upon any structure, watercraft, movable, or immovable property owned by another is prohibited may be indicated by either of the following:

(1) A sign or signs posted on or in the property at a place or places where such sign or signs may be reasonably expected to be seen.

(2) The placement of identifying purple paint marks on the trees or posts on the property, provided that such marks are:

(a) Vertical lines of not less than eight inches in length and not less than one inch in width.

(b) Placed so that the bottom of the mark is not less than three feet from the ground nor more than five feet from the ground.

(c) Placed at locations that are readily visible to any person approaching the property and no more than one hundred feet apart on forest land, as defined in R.S. 3:3622, or one thousand feet apart on land other than forest land.

Cajun talking again-apparently purple is the color that sticks out for even color blind people. SO purple it is!
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Old 01-23-2021, 12:25 PM
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Our home owners insurance co. provides signage for free. When
I ask about the signs the agent said, "we find these make good
targets for some people". So I didn't put up any signs.
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Old 01-23-2021, 12:54 PM
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So if you're wandering around in Tennessee and come across a purple fence post, tree or anything else, you best be headed back the way you came. Ignorance of the law is no excuse.
PA recently enacted a purple paint law too.
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Old 01-23-2021, 12:56 PM
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Will the PA Purple Paint Law keep away One-Eyed One-Horned Flying Purple People Eaters?
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Old 01-23-2021, 01:26 PM
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Missouri has had it for years . . .

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PA recently enacted a purple paint law too.
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