Led away in Handcuffs

[scooterbug44]

Interesting thought. The County Commissioners were recently working on a lighting ordinance for WalCo. They said that if a person called in a complaint of a possible lighting ordinance violation and the Code Enforement guys investigated the complaint and found the property not to be in violation, the next call for the same complaint, would be charged to the person making the complaint, and I'm sure that after hours visits from the Code Enforcement could be expensive.

I know some Sheriff's departments have instituted a "cry wolf" fine, due to repeated false alarms from security systems in unoccupied homes. I think you get 1 or 2 "false" alarms, then have to pay. No charge for any justified call.

Unless Code Enforcement had an up to date file and could tell person calling "property 4253 was inspected on x/x/200x for this potential violation and found to be in compliance, an additional inspection will cost you $x if they are in compliance, would be hard to enforce.

 

[BlueMtnBeachVagrant]

It's been a blast.

Short one at that!

I wish all of this Panhandle area the best and to trust in the law.

Goodbye and farewell

You think he really means "it"?

Honest Bobby, where did you find this guy?

 

[Smiling JOe]

See if this helps. It is the State Statutes regarding Burglary & Trespass

http://leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=Ch0810/ch0810.htm

I appreciate the link, but that is the information which confused me.

 

[BlueMtnBeachVagrant]

The closest public accesses usable are Blue Mt Beach and the one between the Inn at Blue Mt. and the Retreat.

I thought so but was not real sure. Thanks.

Here's my point to your position (and I respect it...please don't misunderstand me).

Until there is the real "threat" to your beach of being crowded out by those that do not have permission / right, it's much easier to view things from your perspective.

Your property is basically cocooned by many other private gulf front properties. I can't imagine ANYONE walking all the way from Blue Mountain Beach access or from the other access to set their tents, chairs, etc., on your part of the beach.

I am certain that you believe your position to be right. However if you were adjacent or very near one of these public accesses or private accesses to "nowhere", your attitude just might be different.

Bottom line, I don't think you have experienced little if any encroachment from the "public" and probably won't for a LONG LONG time. The public access to your west is about 1200 feet from you. And the prublic access at 83 to the east of you is over 1300 feet away.

Now encroachment from Adagio and Bella Vita is another thing and I guess you could consider them public. But a BIG difference is Adagio and Bella Bita are known quantities with their OWN beach appropriate for the developments. And if they encroach on you, you encroach on them ;-) .

Opening the beaches without limits is another.

 

[BlueMtnBeachVagrant]

Ok I'm nuts.

I just spent over an hour to try to show the relationships between most of the properties in our area from Draper Lake to Redfish Lake.

I know my "diagram" will spur criticism especially regarding the eastern end so let's discuss and try stay civil. Keep in mind the borders are approximate and I may have a few things wrong with homes bordering the Inn at BMB.

Also note the Redfish Village is included shown with a dotted line connecting to their access. (edited: RFV has deeded an easement to the county for use of the sandy part of the beach on their lot, but of course no lateral access.)

The green shaded areas are areas that do not have any "dedicated" beach front other than the accesses themselves.

Below is what I came up with:

 

[John R]

bmbv, any chance of delivering that in a larger format? possibly saving it to an offsite hosting service; www.photobucket.com . this way we can get a pretty good look at it in it's native resolution. thanks for that work.

 

[yippie]

Short one at that!


You think he really means "it"?

Honest Bobby, where did you find this guy?

BMBV - Bobby didn't find this guy. Somehow he found us. He was either at the TDC or contacted the TDC last week. It was mentioned to me on the phone, I briefly looked at his site, very briefly. I didn't care for the design and frankly didn't have to to muddle through it all.

 

[yippie]

I appreciate the link, but that is the information which confused me.

I e-mailed an attorney I know and the answer he gave me was very confusing. So, I am waiting for him to answer my second question. If it is any less confusing, I will post it. It IS an interesting question.

 

[Smiling JOe]

I e-mailed an attorney I know and the answer he gave me was very confusing. So, I am waiting for him to answer my second question. If it is any less confusing, I will post it. It IS an interesting question.

The biggest difference I can tell between the two is the punishment. It appears that a civil trespass is not punishable by jail time. Most of the criminal trespass laws tend to be associated with burglary or crimes against people, and I would think that sitting peacefully on the sandy beach would not be in any way thought of as, the person sitting, having intent to do bodily harm or theft by the taking. However, you can read that these particular laws are written in code for only lawyers to understand.

 

[yippie]

The biggest difference I can tell between the two is the punishment. It appears that a civil trespass is not punishable by jail time. Most of the criminal trespass laws tend to be associated with burglary or crimes against people, and I would think that sitting peacefully on the sandy beach would not be in any way thought of as, the person sitting, having intent to do bodily harm or theft by the taking. However, you can read that these particular laws are written in code for only lawyers to understand.

He said something about damages regarding civil, and he also said the trespassing could be considered both. So, my second question to him is how a deputy is suppose to decide whether it is criminal or civil. I may not get an answer until tomorrrow, but will post it when I do.