chamberc wrote:
It's a matter of if you want to be the test case. In your case, you've personally seen the sign and have admited to such online for all time. In a court case, your statement shows you know.
This argument can be said for anything you read or write on 30.06.com
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mr surveyor wrote: Yep, if one knows that the front door of a building is posted, even if in inadequate size/contrast signage, if one still enters the building through that door, an unmarked door, a window, or a hole in the roof, one could be prosecuted for trespass as notification has been presumed to have been made.
Since when do non-compliant signs constitute notice being given?
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bdickens wrote:Katy Mills mall is actually located in Ft. Bend County.
Thanks, I wasn't aware of the exact county line location. And, given that I am not from that area, I think of it as Katy and a suburb of Houston, which makes me think of Harris County.
Now, maybe I'm way off base on this, but here is the way I see it. The law specifically lays out dimensions, languages, and stats contrasing colors for a proper 30.06. We all constanly say that if the sign does not meet these excat details, the sign is not valid. Now, in my opinion if a business had a sign posted lets just say with all the proper dimensions, colors, but is only in english and you were able to read english, a judge and jury would have just as much chance at convicting someone based on the agrument that "even though it wasn't perfect, you understood the intent of the business" as they would in saying "even though you entered through an alternate entrance and not the main entrance, your still breaking the law because the business had the proper signage posted at the main entrance." I think the law need to stat that every public entrance needs to be properly posted.
Before anyone says it, I completly understand that the law is VERY specific on the types of signs and vauge on locations of the sign, especially dealing with buildings with multiple public entrances. This was just a opinion of a possible agrument. But, like I started with, maybe I'm way off base.
Wisewr wrote:Now, maybe I'm way off base on this, but here is the way I see it. The law specifically lays out dimensions, languages, and stats contrasing colors for a proper 30.06. We all constanly say that if the sign does not meet these excat details, the sign is not valid. Now, in my opinion if a business had a sign posted lets just say with all the proper dimensions, colors, but is only in english and you were able to read english, a judge and jury would have just as much chance at convicting someone based on the agrument that "even though it wasn't perfect, you understood the intent of the business" as they would in saying "even though you entered through an alternate entrance and not the main entrance, your still breaking the law because the business had the proper signage posted at the main entrance." I think the law need to stat that every public entrance needs to be properly posted.
Before anyone says it, I completly understand that the law is VERY specific on the types of signs and vauge on locations of the sign, especially dealing with buildings with multiple public entrances. This was just a opinion of a possible agrument. But, like I started with, maybe I'm way off base.
Ones defense could be that one has learned to look for a a sign of certain size and in Spanish and nglish before even bothering to read it. If I see a sign that only has english and is about half the size of what we would reasonably expect a sign to be. I am not got to bother to read it. Just as a stop sign or speed limit sign is expected to have a certain form to be enforceable. Why should a 30.06 be enforcibleif the poster can't be bothered to do it right?
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I just for the life of me can't get what is so hard to understand.
The law is quite clear on what constitutes "effective notice." You either have to be told to your face that you aren't allowed to carry there, handed a card or a sheet of paper with the 30.06 language on it (them leaving it laying about does not count), or a sign has to be posted where you can see it with the exact 30.06 language in both English and Spanish, in block letters at least one inch tall that contrast against the background. If the sign does not absolutely meet the set of very specific and exacting criteria, it is meaningless.
If the mall posts a compliant sign on the South entrance but not on the East and you come in through the East, then you have not been given effective notice. If someone on a internet forum tells you that that mall is posted, that is hearsay. You have not been given effective notice because you didn't see the sign because you came in through a door that is not posted. Too bad for the mall.
My opinion is that you must be given effective notice each and every visit. Signs are not for eternity. Signs go up and signs come down. Management changes. Policies change. If I go to XYZ place and see a 30.06 sign, I have been given effective notice. If I go there three weeks later, enter through a different door and don't see a sign, I have not been given notice. My first thought is going to be that they took the signs down. It happens. We have seen stories on this board about how someone wrote to the company and got them to take their signs down. Iam not obligated to, nor am I going to, go around and check all of the other doors.
Besides, all that will probably happen if you get caught is they will ask you to leave, in which case you have been given effective notice. If they call the cops on you, the police will come and ask you to leave. You will thell them that you didn't see the sign and the police will let you leave.