Anyone familiar with maritime law?
 

In article ,
Larry Weiss wrote:

As far as the issue at hand goes, I didn't clearly explain it because I was
merely looking for a possible legal citation. But if you must know, the
locals are concerned about the Town Park being over used - and trashed - by
people from New York City who are coming out by train (the station is
conveniently next to the park). Since it is a local park maintained by local
taxes, and since the covenant specifically states it is to be used by locals,
and since the out-of-towners (a.k.a. "the other infidels") are not treating
the park or the park rules with any respect, the locals are getting upset.
The Town says they can not enforce the residents-only rule because the law
says they must allow access to the water. I think they are misinterpreting
the law; that if there is such a law, it applies to boaters on their boats,
not people on the land. I'm looking for something to back that up.

Ahhh! That's very different!

First, I believe the marina can and should be physically secure against
all but "residents, boat owners and their guests". Anyone else on the
docks is trespassing. That's common sense.

Since the covenant includes the park as part of the marina (note the
shift in viewpoint), the physical restriction should be extended to
include it.

Access to the water is maintained.

The physical barrier need not be a fence, expensive, or even high; just
a definite demarcation. The town may have to patrol it for a while, but
that should pass.

--
Jere Lull
Xan-a-Deux ('73 Tanzer 28 #4 out of Tolchester, MD)
Xan's Pages: http://members.dca.net/jerelull/X-Main.html
Our BVI FAQs (290+ pics) http://homepage.mac.com/jerelull/BVI/

Anyone familiar with maritime law?
 

Grew up in that town. Manor Park is probably one of the most quietly
scenic and thoroughly enjoyable places I have ever experienced.

On Thu, 05 Feb 2004 19:59:06 -0500, Wayne.B
wrote:

On Thu, 05 Feb 2004 22:13:31 GMT, Larry Weiss
wrote:
Since it is a local park maintained by local
taxes, and since the covenant specifically states it is to be used by locals,
and since the out-of-towners (a.k.a. "the other infidels") are not treating
the park or the park rules with any respect, the locals are getting upset.
============================================

I think the answer is strong enforcement of the existing laws or maybe
a few new ones if needed. If necessary, form a community association
and hire a private guard to remind people of the rules and call the
village constable if the hint is not taken. The real problem is
offensive behavior, not people from NYC. Larchmont Manor Park had a
similar issue years ago in Westchester and solved it. The guard is
always there during daylight hours. He's about 80 years old but has
good eyes and keeps a firm grip on things without being offensive
about it. It is probably one of the most pristine and enjoyable parks
on Long Island Sound, and has been for a long time. If anyone fired
up a boom box or dropped a candy wrapper, the guard would be on the
radio to the village police in about a microsecond.

Anyone familiar with maritime law?
 

"Short Wave Sportfishing" wrote in message
...
On Thu, 05 Feb 2004 23:13:18 GMT, "Doug Kanter"
wrote:

"Short Wave Sportfishing" wrote in
message
.. .

That's pretty much what happened to me with the caveat that the land
was to have "restricted access" - I asked what "restricted" meant and
it was pretty drastic even to the point of I couldn't hunt on my own
land or fish in my own pond.

Sorry - that dog won't howl.

Who would enforce that? :-) Do they send spies?

I live in a small rural town - that should give you an idea. :)


Great. Sounds like your neighbors would turn you in for ****ing on one of
your own trees. :-)

A friend of mine has 200 acres outside of Rochester. Sometimes we shoot guns
there. He's personally acquainted with two cops who sometimes pull over in
their patrol cars to shoot the breeze for a few minutes. Because he and his
wife like to hike & XC-ski on the land, they don't want hunters using it.
When neighbors asked about the visits from the cops, he told them it had
something to do with him not being careful of the direction in which he was
shooting his guns. He asked the cops to back up the story in case anyone
asked. Word got around. No more hunters. What a coincidence. In fact, he's
obsessive about gun safety, but his neighbors don't know that. :-)

Anyone familiar with maritime law?
 

On Fri, 06 Feb 2004 14:19:53 GMT, "Doug Kanter"
wrote:

"Short Wave Sportfishing" wrote in message
.. .
On Thu, 05 Feb 2004 23:13:18 GMT, "Doug Kanter"
wrote:

"Short Wave Sportfishing" wrote in
message
.. .

That's pretty much what happened to me with the caveat that the land
was to have "restricted access" - I asked what "restricted" meant and
it was pretty drastic even to the point of I couldn't hunt on my own
land or fish in my own pond.

Sorry - that dog won't howl.

Who would enforce that? :-) Do they send spies?

I live in a small rural town - that should give you an idea. :)


Great. Sounds like your neighbors would turn you in for ****ing on one of
your own trees. :-)

A friend of mine has 200 acres outside of Rochester. Sometimes we shoot guns
there. He's personally acquainted with two cops who sometimes pull over in
their patrol cars to shoot the breeze for a few minutes. Because he and his
wife like to hike & XC-ski on the land, they don't want hunters using it.
When neighbors asked about the visits from the cops, he told them it had
something to do with him not being careful of the direction in which he was
shooting his guns. He asked the cops to back up the story in case anyone
asked. Word got around. No more hunters. What a coincidence. In fact, he's
obsessive about gun safety, but his neighbors don't know that. :-)

Heh, heh, heh....man, I could tell you stories.

My pond is way back off the road and hidden by woods - I had the USACE
come in and dredge the entrance and exit to the pond and did some
bottom contouring for me to improve the habitat - it was a neat deal.
They were just using a small excavator that they drove in from the
other side of the woods.

I don't know how anybody found out, but the evening of the day they
started, I must have had fifteen phone calls from real estate agents
and developers wanting to know what I was building, how many houses,
offered "exclusive" deals, etc.

They were extremely disappointed. :)

We also had a period of time where every day some church group sent
their parishioners out on evangelical "harvests". I finally got sick
of it, so I made up a pentagram in my woodshop and a friend of mine
machined a pentagram lead mold - I sacrificed some old lead jigs and
black powder bullets (get it - sacrificied?) and made up a pendant.
The next time callers were announced by the dogs, I grabbed the
pendant, put up the pentagram in the garage and even before they
started in, I asked if they could come back because I needed to
celebrate a black mass for Satan - would they like to attend?

It's been three years now - nary a one. :)

Later,

Tom
S. Woodstock, CT
----------

"To the fisherman born there is nothing
so provoking of curiosity as a fishing rod
in a case."

Roland Pertwee, "The River God" (1928)Word must have gotten around.

Anyone familiar with maritime law?
 

"Short Wave Sportfishing" wrote in message
...

We also had a period of time where every day some church group sent
their parishioners out on evangelical "harvests". I finally got sick
of it, so I made up a pentagram in my woodshop and a friend of mine
machined a pentagram lead mold - I sacrificed some old lead jigs and
black powder bullets (get it - sacrificied?) and made up a pendant.
The next time callers were announced by the dogs, I grabbed the
pendant, put up the pentagram in the garage and even before they
started in, I asked if they could come back because I needed to
celebrate a black mass for Satan - would they like to attend?

It's been three years now - nary a one. :)

I like it! :-) You should've kept some loose black tea in the garage to
throw on them. They would've run away screaming.

Anyone familiar with maritime law?
 

On Fri, 06 Feb 2004 17:06:17 GMT, "Doug Kanter"
wrote:

"Short Wave Sportfishing" wrote in message
.. .

We also had a period of time where every day some church group sent
their parishioners out on evangelical "harvests". I finally got sick
of it, so I made up a pentagram in my woodshop and a friend of mine
machined a pentagram lead mold - I sacrificed some old lead jigs and
black powder bullets (get it - sacrificied?) and made up a pendant.
The next time callers were announced by the dogs, I grabbed the
pendant, put up the pentagram in the garage and even before they
started in, I asked if they could come back because I needed to
celebrate a black mass for Satan - would they like to attend?

It's been three years now - nary a one. :)

I like it! :-) You should've kept some loose black tea in the garage to
throw on them. They would've run away screaming.

That's for next time.

Later,

Tom
S. Woodstock, CT
----------

"To the fisherman born there is nothing
so provoking of curiosity as a fishing rod
in a case."

Roland Pertwee, "The River God" (1928)

Anyone familiar with maritime law?
 

I have been trying to watch a similar issue in PA. Apparently someone waded
downstream fishing and was chased off. Kayakers and canoe owners have been
trying to fight it.
Link at: http://www.geocities.com/Yosemite/Go...ccghissue.html
Apparently it is a state law issue.
I also recall Michael Moore and his group protesting this issue out in
Malibu or somewhere in CA where all beaches were represented as Private.
Kathy M
"Larry W4CSC" wrote in message
...
In order to try to spoil boating around HHI, the entire area was
declaired a no-wake zone. No wake zones are being used to spoil
boating across the country in the same manner.

There is also a law against anchoring out off of the billionaires at
HHI and shrimp trawlers are forbidden from even being in the waterways
around it.

Money talks in Columbia. FBI proved you can buy a SC politician for
around $2200. Remember "Operation Lost Trust"?



On Wed, 4 Feb 2004 11:14:20 -0500, "Leanne" wrote:


"Larry W4CSC" wrote in message
...
I just remembered what one lady down in Beaufort, SC, said to
the
newspaper when they were discussing a new marina going into a
creek
near her home. She was opposed to them installing "a floating
trailer
park" in the creek to spoil her view. That's what property
owners
think of your boats......"floating trailer parks".

There was also a case on Hilton Head where someone was fishing in
a creek off someone's land and the lady disliked them spoiling
the view that her state rep. daughter tried to get a law passed
about restricting the waters to a distance (I can't remember the
exact amount, something like 300 yards)of private property. Then
we have the problem that there are very few creeks that are wider
than that. It didn't pass because it ended up being a federal
jurisdiction. Btw, the daughter is no longer in public office.

Leanne
s/v Fundy




Larry W4CSC

No, no, Scotty! I said, "Beam me a wrench.", not a WENCH!
Kirk Out.....