Is this sign enforceable?

[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.

[apostate]

I don't know any law against them posting that sign or enforcing the BB gun ban.

[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.....

[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/

[TheFriscoKid]

One and the same. Thank you for the history lesson.

[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.

[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.

[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.

[WildRose]

It is enforceable as far as a city code violation but not otherwise.

[RPBrown]

It is enforceable as far as a city code violation but not otherwise.

Not for an LTC holder.

[Soccerdad1995]

It is enforceable as far as a city code violation but not otherwise.

Not for an LTC holder.

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.

[Abraham]

I have an up to date LTC - so I would ignore these un-enforceable signs.

[WildRose]

It is enforceable as far as a city code violation but not otherwise.

Not for an LTC holder.

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.

[Flightmare]

That's just one reason I love this forum. Staying up to date on current laws and pending/proposed legislation is quite valuable.

[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.