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Title: WA Senator Introduces Trespass Fluorescent Orange Bill For Second Time in a Year
Post by: bigtex on May 03, 2015, 10:57:58 PM
Senator Sheldon has done something very weird. On January 16th he introduced Senate Bill 5233 which would make fluorescent orange painted markings equivalent to a "no trespassing" sign. The bill passed the Senate by a vote of 29-20 but failed to get to a full House vote by the time the regular session ended. The bill was on it's way to passing the House, and still can in the 2015 special session(s) and 2016 session. For info on this bill see: http://hunting-washington.com/smf/index.php/topic,168840.0.html

Now the interesting thing is that on May 1st Senator Sheldon introduced Senate Bill 6117 which is the exact same bill as 5233! So you now have two bills with the exact same language, sponsored by the same senator, introduced in the same year, both active in the senate. There really is no reason for Sheldon to do this other then to show he really wants this concept to pass.
Title: Re: WA Senator Introduces Trespass Fluorescent Orange Bill For Second Time in a Year
Post by: whacker1 on May 04, 2015, 05:29:30 AM
bigtex - isn't this a common system in other states?.  Marking the corner posts and some in between?
Title: Re: WA Senator Introduces Trespass Fluorescent Orange Bill For Second Time in a Year
Post by: andrew_in_idaho on May 04, 2015, 06:11:14 AM
Idaho has this law. It is handy although at the same time paint fades and it can be a pain to tell sometimes whether you are looking at private land or not. Here in idaho though if land isn't cultivated farm ground or posted/painted you can enter to hunt.
Title: Re: WA Senator Introduces Trespass Fluorescent Orange Bill For Second Time in a Year
Post by: CAMPMEAT on May 04, 2015, 06:26:16 AM
I think if WE are FORCED to flag/mark our property, so should the state. Every piece they own, everything.
Title: Re: WA Senator Introduces Trespass Fluorescent Orange Bill For Second Time in a Year
Post by: jackmaster on May 04, 2015, 06:33:19 AM
a few might already know this on here but just up out of eatonville on a road my dad lives off of, there are a couple individuals who like to go out and post certain properties with no trespassing signs, property that DOES NOT belong to them, thus keeping people out of THEIR hunting spots.. i could see this orange paint making it even easier for people such as these couple of mehoffs to mark property.. that being said maybe this senator forgot he already tried to get this bill passed, dude probably has alsheimers  :dunno:
Title: Re: WA Senator Introduces Trespass Fluorescent Orange Bill For Second Time in a Year
Post by: bigtex on May 04, 2015, 07:17:02 AM
bigtex - isn't this a common system in other states?.  Marking the corner posts and some in between?
There's a few states with a similar law. Seems to be most popular in the SE.
Title: Re: WA Senator Introduces Trespass Fluorescent Orange Bill For Second Time in a Year
Post by: Knocker of rocks on May 04, 2015, 08:19:46 AM
I think if WE are FORCED to flag/mark our property, so should the state. Every piece they own, everything.

And how would you fund it?  It could run tens of millions.

And I don't think anyone is really being forced to mark their property in either bill.
Title: Re: WA Senator Introduces Trespass Fluorescent Orange Bill For Second Time in a Year
Post by: jay.sharkbait on May 04, 2015, 08:29:09 AM
I think if WE are FORCED to flag/mark our property, so should the state. Every piece they own, everything.

And how would you fund it? 
Cut social services.
Cut L&I benefits for illegal immigrants.

Should I keep going?
Title: Re: WA Senator Introduces Trespass Fluorescent Orange Bill For Second Time in a Year
Post by: Colville on May 04, 2015, 09:03:09 AM
Bigtex,  what's the deal? Is it that paint lasts where signs rot or get stolen and so paint is more efficient or is there some other angle here?  If it just allows an orange block to represent no trespass that seems unobjectionable since the vote isn't close to unanimous I figure there's more to it?
Title: Re: WA Senator Introduces Trespass Fluorescent Orange Bill For Second Time in a Year
Post by: Knocker of rocks on May 04, 2015, 09:21:09 AM
Cut L&I benefits for illegal immigrants.

Really? 
Title: Re: WA Senator Introduces Trespass Fluorescent Orange Bill For Second Time in a Year
Post by: jay.sharkbait on May 04, 2015, 09:31:32 AM
Cut L&I benefits for illegal immigrants.

Really?

Really
Title: Re: WA Senator Introduces Trespass Fluorescent Orange Bill For Second Time in a Year
Post by: Knocker of rocks on May 04, 2015, 09:40:04 AM
Cut L&I benefits for illegal immigrants.

Really?

Really

You'll just cut the injured worker loose?  What happens if his employer has been in fact paying into L&I, or if he has been led to believe that his employer has?  What in your mind are the financial obligations of the employers?  Or is it just use up the people till they are broken and then ship them back south of the border?
Title: Re: WA Senator Introduces Trespass Fluorescent Orange Bill For Second Time in a Year
Post by: jay.sharkbait on May 04, 2015, 09:48:30 AM
The L&I illegal worker scam went out early 90's in WA. Didnt it?Before mid 90's if I remember correctly this state didnt have a clear understanding of the then federal law on illegal migrant and industrial workers and were actually helping them get employed through vocational training and such.Then when they got hurt on the job L&I insurance would kick in,Now isnt all of that behind us now or is it still ongoing?

Still ongoing
Title: Re: WA Senator Introduces Trespass Fluorescent Orange Bill For Second Time in a Year
Post by: Colville on May 04, 2015, 09:53:03 AM
Meanwhile, Batman was caught in the jokers trap and was heard to exclaim:  "Weren't we talking about orange paint becoming a legal no trespass notice? You'll never get me into thread-derail about immigration and workplace injury policy, NEVER."
Title: Re: WA Senator Introduces Trespass Fluorescent Orange Bill For Second Time in a Year
Post by: jay.sharkbait on May 04, 2015, 09:53:40 AM
How is this?It is still illegal to work an illegal immigrant an illegal immigrant would be undocumented no green,temp,anything right?

Feel free to contact me via pm
Title: Re: WA Senator Introduces Trespass Fluorescent Orange Bill For Second Time in a Year
Post by: Curly on May 04, 2015, 10:19:32 AM
If you aren't trespassing, you're not trespassing.  Doesn't matter if someone posted it illegally with signs or orange paint. 
Title: Re: WA Senator Introduces Trespass Fluorescent Orange Bill For Second Time in a Year
Post by: headshot5 on May 04, 2015, 11:02:42 AM
Quote
If you aren't trespassing, you're not trespassing.  Doesn't matter if someone posted it illegally with signs or orange paint.

 :yeah:  This would be a big win for private landowners.  If you as a hunter know you are on public property etc, then it wouldn't be trespassing.   Putting up signs sucks, and trying to keep people from stealing/removing signs is a pain.  Along with the fact that signs cost more than a stripe of orange paint.   
Title: Re: WA Senator Introduces Trespass Fluorescent Orange Bill For Second Time in a Year
Post by: NoBark on May 04, 2015, 11:09:47 AM
How many shades of orange are orange enough to count?
Title: Re: WA Senator Introduces Trespass Fluorescent Orange Bill For Second Time in a Year
Post by: CAMPMEAT on May 04, 2015, 04:13:58 PM
I think if WE are FORCED to flag/mark our property, so should the state. Every piece they own, everything.

And how would you fund it?  It could run tens of millions.

And I don't think anyone is really being forced to mark their property in either bill.


Jail inmates, welfare recipients to start with. They're not being forced, but once anything gets into law, it's hard to get rid of it.
Title: Re: WA Senator Introduces Trespass Fluorescent Orange Bill For Second Time in a Year
Post by: bobcat on May 04, 2015, 06:08:37 PM
You won't be charged with trespassing without a complaint by the landowner. So just having some orange paint on some trees doesn't automatically mean a person hunting on that land will be cited for trespassing. 
Title: Re: WA Senator Introduces Trespass Fluorescent Orange Bill For Second Time in a Year
Post by: bigtex on May 04, 2015, 06:22:43 PM
You won't be charged with trespassing without a complaint by the landowner. So just having some orange paint on some trees doesn't automatically mean a person hunting on that land will be cited for trespassing.
:yeah:
Or there is an agreement with the landowner and law enforcement agencies to cite those they find trespassing. It's a common misconception that an officer can basically see someone behind a no trespassing sign and cite/arrest them. There must be some direction from the landowner for the officer to pursue charges.
Title: Re: WA Senator Introduces Trespass Fluorescent Orange Bill For Second Time in a Year
Post by: bigtex on May 04, 2015, 06:32:46 PM
Bigtex,  what's the deal? Is it that paint lasts where signs rot or get stolen and so paint is more efficient or is there some other angle here?  If it just allows an orange block to represent no trespass that seems unobjectionable since the vote isn't close to unanimous I figure there's more to it?
Sheldon comes from an area with a lot of timberland so I think you can see the connection there.

Realistically, this will be very difficult to enforce because of the public education aspect. Lets say this bill becomes law, most likely WDFW will do a press release and include it in the hunting/fishing regs. But what about the other users of timberlands such as hikers and bikers? How will they be educated that an orange stripe is equivalent to a "no trespassing" sign.

In public safety you used to have agencies use codes (radio talk such as 10-4, code 7, etc) but after some terrible massive events such as 9/11 agencies learned that each jurisdiction has different codes and they had a hard time talking to eachother, even if they are all law enforcement. So you saw a big push to go towards "plain language/English" so no more radio codes. Well for me the orange stripe is like a radio code and a "no trespassing" sign is obviously plain language/English. Only those "in the know" will know what an orange stripe is code for, it's pretty obvious what a "no trespassing" sign means...
Title: Re: WA Senator Introduces Trespass Fluorescent Orange Bill For Second Time in a Year
Post by: smalldog on May 04, 2015, 06:44:46 PM
Buy you a good GPS  and the hunting maps for the state you are hunting. They have a tracking system in them and if called the police  by a landowner because you are trespassing, then you can show that you never walked on their property.  I know it works because my brother and I had the cops called on us. We showed the police our GPS and where we hunted that day near this guys property. The cop said that is good enough for me and let it go. Garmon has a great map system and the game wardens and police like that system also. In Eastern Washington you have a lot of people that will try and post property that is not theirs so you won't hunt it. I have called the police a couple of times over the years and had the signs taken down. If you hunt around Kettle Falls and Coville area or anywhere in that corner of the state you will run into that once and a while.  The map system that I use has all the private landowners names and state,blm and timber companies boundaries and you are able to hunt land that barley touches a public road with enough room to park and it might open up to about a 3 mile area farther back in. I have hunted such spots and had a landowner come a yell a me for hunting on his property. I just show him my GPS and the tracking system and where I walk and showed him his  boundaries and the state land boundaries and they calm down and are not mad anymore. It really works good if you go to the landowners and show them what you have so they don't jump to conclusions.  Some people in that corner of the state love to take down the state land markers and post the land, so play it safe and get a GPS. The peace of mind is worth the money.
Title: Re: WA Senator Introduces Trespass Fluorescent Orange Bill For Second Time in a Year
Post by: luckyman on May 05, 2015, 05:35:25 AM
It makes no difference. You need to know what land you're hunting regardless of paint. Orange paint would just be a warning that you may be trespassing, not that you're surely trespassing. If you're unsure you shouldn't be there in the first place. 
Title: Re: WA Senator Introduces Trespass Fluorescent Orange Bill For Second Time in a Year
Post by: andrew_in_idaho on May 05, 2015, 06:02:12 AM
I wonder would some be more in favor of this if along with its passage they required landowners to post/paint, in order to be able to prosecute for trespass
Title: Re: WA Senator Introduces Trespass Fluorescent Orange Bill For Second Time in a Year
Post by: bobcat on May 05, 2015, 06:14:20 AM

I wonder would some be more in favor of this if along with its passage they required landowners to post/paint, in order to be able to prosecute for trespass

It already is like that. Our law is basically the same as Idaho- if it's not posted, fenced, or cultivated, it's not trespassing.
Title: Re: WA Senator Introduces Trespass Fluorescent Orange Bill For Second Time in a Year
Post by: Curly on May 05, 2015, 08:05:09 AM
Your not listening bigtex or bob.Your season is over just because some jack wagon paints some orange stripes on some trees and says your trespassing,Thats that,seen it in Goldendale dog gone it.Had to leave the property,told the LEO it was public land but didnt want an argument and was told I had to leave or was gonna be charged with trespass,Then about 2 weeks later finally got it all cleared up I was on public land the caller was a defender of wildlife acting on behalf of someone in California that owned property adjacent to the land I was on.No orange paint mind you but all the same turned out exactly how I am saying it did.

And see, that is my point.  Orange paint or signs makes no difference if someone is going to illegally post something.  I just can't really find anything wrong with allowing property owners to use paint instead of signs.  I know that people tear down signs and simply trespass; it would be much harder for them to do that with paint.
Title: Re: WA Senator Introduces Trespass Fluorescent Orange Bill For Second Time in a Year
Post by: fireweed on May 05, 2015, 08:20:42 AM
I would be ok with signs AND paint, not just paint--and with a specified distance between them.  Right now, timberland must be Conspicuously posted--but the law does not define that.  Perhaps a sign every XX feet with orange paint every  XX feet in between. 
Title: Re: WA Senator Introduces Trespass Fluorescent Orange Bill For Second Time in a Year
Post by: Curly on May 05, 2015, 08:24:08 AM
Your not listening bigtex or bob.Your season is over just because some jack wagon paints some orange stripes on some trees and says your trespassing,Thats that,seen it in Goldendale dog gone it.Had to leave the property,told the LEO it was public land but didnt want an argument and was told I had to leave or was gonna be charged with trespass,Then about 2 weeks later finally got it all cleared up I was on public land the caller was a defender of wildlife acting on behalf of someone in California that owned property adjacent to the land I was on.No orange paint mind you but all the same turned out exactly how I am saying it did.

That's an instance where it would be nice if you had a map or GPS to prove to the officer why you are sure it is public and the other guy is wrong.
Title: Re: WA Senator Introduces Trespass Fluorescent Orange Bill For Second Time in a Year
Post by: JimmyHoffa on May 05, 2015, 08:35:05 AM
Your not listening bigtex or bob.Your season is over just because some jack wagon paints some orange stripes on some trees and says your trespassing,Thats that,seen it in Goldendale dog gone it.Had to leave the property,told the LEO it was public land but didnt want an argument and was told I had to leave or was gonna be charged with trespass,Then about 2 weeks later finally got it all cleared up I was on public land the caller was a defender of wildlife acting on behalf of someone in California that owned property adjacent to the land I was on.No orange paint mind you but all the same turned out exactly how I am saying it did.

That's an instance where it would be nice if you had a map or GPS to prove to the officer why you are sure it is public and the other guy is wrong.
But with land sales/trades happening often enough, the map/GPS might not be updated.  What if the officer responds on a Friday afternoon and is trying to get to the bottom of it---would have to wait until Monday and however long the various phone tags take to get an answer.  By then you could have lost four days in that area.
Title: Re: WA Senator Introduces Trespass Fluorescent Orange Bill For Second Time in a Year
Post by: Bob33 on May 05, 2015, 08:51:25 AM
The bill would allow, not require landowners to use orange paint. It would be alternative to the use of signs to conspicuously post land.

Title: Re: WA Senator Introduces Trespass Fluorescent Orange Bill For Second Time in a Year
Post by: bowbuild on May 05, 2015, 09:11:29 AM
If you aren't trespassing, you're not trespassing.  Doesn't matter if someone posted it illegally with signs or orange paint.

Tell that to the officer when they show up.... :tup: Officers carry GPS and keep track of who's property is who's....or do they write you and let the courts figure it out?? :bash:
Title: Re: WA Senator Introduces Trespass Fluorescent Orange Bill For Second Time in a Year
Post by: Curly on May 05, 2015, 09:16:54 AM
If you aren't trespassing, you're not trespassing.  Doesn't matter if someone posted it illegally with signs or orange paint.

Tell that to the officer when they show up.... :tup: Officers carry GPS and keep track of who's property is who's....or do they write you and let the courts figure it out?? :bash:

I thought it was already established that they won't write you up unless the property owner requests it?
Title: Re: WA Senator Introduces Trespass Fluorescent Orange Bill For Second Time in a Year
Post by: headshot5 on May 05, 2015, 09:48:00 AM
I guess my question would be for those against this law...  Do you own private property (I.E. timber property, farm property etc.)?   

As a property owner I am for this.  I don't think this is going to get abused quite as much as many people think.  It sucks having to go out and replace signs 2 or 3 times a year that get ripped down by those who don't want to ask permission. This would make it so anyone trespassing knowingly is doing so. 

If someone called you in as trespassing on their property, and it public property I'm guessing the officer who responds to the call would read them the riot act for wasting time, and for improperly marking public property.     
Title: Re: WA Senator Introduces Trespass Fluorescent Orange Bill For Second Time in a Year
Post by: bowbuild on May 05, 2015, 02:26:08 PM
If you aren't trespassing, you're not trespassing.  Doesn't matter if someone posted it illegally with signs or orange paint.

Tell that to the officer when they show up.... :tup: Officers carry GPS and keep track of who's property is who's....or do they write you and let the courts figure it out?? :bash:

I thought it was already established that they won't write you up unless the property owner requests it?

Ya, alright....2 times I have had guys call the cops, and claim I was on their land.....it was timber company, and the officer was going to write me for trespass, until the guard for the company showed up.....so those that think they won't, you are dead wrong.

Bigtex,

               You have a property owner in front of you with a accused trespasser, do you check the owners statements, or do you take their word for it, write the guy, and let the courts figure it out? Is it required for officers to check the owners boundries before you write somone up?
Title: Re: WA Senator Introduces Trespass Fluorescent Orange Bill For Second Time in a Year
Post by: Curly on May 05, 2015, 03:16:33 PM
That's a good question and your instance is one that I really never thought about much............didn't really think it was possible for a LEO to simply believe a landowner that says you are trespassing.  You'd think he would have to go take a look at any lines to show where the property line is before he writes up a guy.  The trespassing laws are favorable when there is no fence or signs....    :dunno:
Title: Re: WA Senator Introduces Trespass Fluorescent Orange Bill For Second Time in a Year
Post by: bowbuild on May 05, 2015, 04:03:04 PM
That's a good question and your instance is one that I really never thought about much............didn't really think it was possible for a LEO to simply believe a landowner that says you are trespassing.  You'd think he would have to go take a look at any lines to show where the property line is before he writes up a guy.  The trespassing laws are favorable when there is no fence or signs....    :dunno:

Ok, now does the officer need to see the trespasser, or can he take the owner at his word? To me, unless there are multiple witnesses, it is thrown out of court. Problem...any owner at any time can claim anything, there has to be more evidence than a owner saying he/she is trespassing. How would you like a anti claiming you are trespassing to ruin your day, and even worse the cost guilty, or not, of proving otherwise. :dunno: These laws can be turned against the most ethical hunter. :tup: :tup:
Title: Re: WA Senator Introduces Trespass Fluorescent Orange Bill For Second Time in a Year
Post by: bigtex on May 05, 2015, 05:19:30 PM
That's a good question and your instance is one that I really never thought about much............didn't really think it was possible for a LEO to simply believe a landowner that says you are trespassing.  You'd think he would have to go take a look at any lines to show where the property line is before he writes up a guy.  The trespassing laws are favorable when there is no fence or signs....    :dunno:
Ok, now does the officer need to see the trespasser, or can he take the owner at his word? To me, unless there are multiple witnesses, it is thrown out of court. Problem...any owner at any time can claim anything, there has to be more evidence than a owner saying he/she is trespassing. How would you like a anti claiming you are trespassing to ruin your day, and even worse the cost guilty, or not, of proving otherwise. :dunno: These laws can be turned against the most ethical hunter. :tup: :tup:
Good question. Washington's misdemeanor presence rule (RCW 10.31.100) basically says an officer can only cite/arrest someone for a misdemeanor/gross misdemeanor when the offense occurs in the presence of an officer. There then of course are several exceptions to that law, one of which is criminal trespass in the 2nd degree. So an officer does NOT need to see the individual trespassing in order to cite/arrest them.

Now obviously there still needs to be probable cause, evidence, etc. But to answer your question, no an officer does not need to see the actual act in progress.
Title: Re: WA Senator Introduces Trespass Fluorescent Orange Bill For Second Time in a Year
Post by: bigtex on May 05, 2015, 05:24:00 PM
Bigtex,

               You have a property owner in front of you with a accused trespasser, do you check the owners statements, or do you take their word for it, write the guy, and let the courts figure it out? Is it required for officers to check the owners boundries before you write somone up?
I would hope the officer would verify statements and boundary lines.

The prosecutor has one year to file misdemeanor charges on someone (criminal trespass 2nd degree is a misdemeanor.) So it's not like if the officer doesn't cite the guy on the spot the case is over with. Most counties now actually don't want officers to cite offenders with misdemeanors/gross misdemeanors, they want the officer to send the prosecutor the report and at that time the prosecutor will decide to file charges, however some smaller counties still leave it up to the officer.
Title: Re: WA Senator Introduces Trespass Fluorescent Orange Bill For Second Time in a Year
Post by: Curly on May 05, 2015, 06:18:52 PM
The discussion is all well and good but still doesn't explain to me what some find objectionable to the proposed bill (s).
Title: Re: WA Senator Introduces Trespass Fluorescent Orange Bill For Second Time in a Year
Post by: bowbuild on May 06, 2015, 09:26:45 AM
That's a good question and your instance is one that I really never thought about much............didn't really think it was possible for a LEO to simply believe a landowner that says you are trespassing.  You'd think he would have to go take a look at any lines to show where the property line is before he writes up a guy.  The trespassing laws are favorable when there is no fence or signs....    :dunno:
Ok, now does the officer need to see the trespasser, or can he take the owner at his word? To me, unless there are multiple witnesses, it is thrown out of court. Problem...any owner at any time can claim anything, there has to be more evidence than a owner saying he/she is trespassing. How would you like a anti claiming you are trespassing to ruin your day, and even worse the cost guilty, or not, of proving otherwise. :dunno: These laws can be turned against the most ethical hunter. :tup: :tup:
Good question. Washington's misdemeanor presence rule (RCW 10.31.100) basically says an officer can only cite/arrest someone for a misdemeanor/gross misdemeanor when the offense occurs in the presence of an officer. There then of course are several exceptions to that law, one of which is criminal trespass in the 2nd degree. So an officer does NOT need to see the individual trespassing in order to cite/arrest them.

Now obviously there still needs to be probable cause, evidence, etc. But to answer your question, no an officer does not need to see the actual act in progress.

The problem with that is there are some people that will go to any means to mess with hunters. A officer trying to be fair to the complaintant can be swayed by the emotional persistence of unrational people. I hope officers do their homework before citing a accused trespasser, as if the person is not guilty of the crime, the money spent to defend ones self is a harsh punishment for doing nothing. :dunno:
Title: Re: WA Senator Introduces Trespass Fluorescent Orange Bill For Second Time in a Year
Post by: JimmyHoffa on May 06, 2015, 09:39:10 AM
BigTex, do the officers carry regularly updated maps--paper or computer?  Or do they have to call in coordinates/check assessor sites/call a surveyor/skynet drones?
Title: Re: WA Senator Introduces Trespass Fluorescent Orange Bill For Second Time in a Year
Post by: Curly on May 06, 2015, 09:49:07 AM
I'm wondering if the whole reason for this proposal is because of most timber companies now charging for access?  It seems like now it would be beneficial for the timber companies to mark the boundaries of their land so that everyone knows where the lines are.  Paint on the trees would be the most cost effective method..........

 :dunno:
Title: Re: WA Senator Introduces Trespass Fluorescent Orange Bill For Second Time in a Year
Post by: bearpaw on May 06, 2015, 10:24:33 AM
Makes the land owner's job so much easier.  Paint is durable, and can't be torn down or moved.   

All this BS about anti's posting an area or getting cited for tresspassing is just that. 

Too many people try to tip toe around the public access verbage.  If you have permission to hunt a piece of land its no problem.  Permission can be in the form of written permission to be on private property or something as simple as here is the map of state land, and my GPS position.  When you decide to hunt without permission you get knotted up by law enforcement.  If you cross a boundary by accident or on purpose you might get yourself in trouble. 

I've always made it a policy that if I don't have written permission or specifc rights to hunt a piece of ground I stay off of it.  No need for an "I thought I could" excuse when it is written down.

 :yeah:  spot on....
Title: Re: WA Senator Introduces Trespass Fluorescent Orange Bill For Second Time in a Year
Post by: bowbuild on May 06, 2015, 01:20:34 PM
I'm wondering if the whole reason for this proposal is because of most timber companies now charging for access?  It seems like now it would be beneficial for the timber companies to mark the boundaries of their land so that everyone knows where the lines are.  Paint on the trees would be the most cost effective method..........

 :dunno:

Curly,
                  You must be behind the curve....Don't you think it was ironic that they WDFW pushed for a RCW that is directed at hunters, infact if you are in the "act" of hunting the penalty is harsher for the hunter than your average "walker." It is also quite ironic that after this law was passed (a yr later) most timber companies went to charging?? Hmm, then they recruit retiring wardens that have close ties with active officers to patrol their lands....hmm, don't sound fishy to me. :bash: Now they want to make it easier for companies, and large land owners to post their lands.....this over the last couple of yrs is turning Wa. into Texas real fast. If you like that great, not for me... >:(
Title: Re: WA Senator Introduces Trespass Fluorescent Orange Bill For Second Time in a Year
Post by: bowbuild on May 06, 2015, 01:28:11 PM
Makes the land owner's job so much easier.  Paint is durable, and can't be torn down or moved.   

All this BS about anti's posting an area or getting cited for tresspassing is just that. 

Too many people try to tip toe around the public access verbage.  If you have permission to hunt a piece of land its no problem.  Permission can be in the form of written permission to be on private property or something as simple as here is the map of state land, and my GPS position.  When you decide to hunt without permission you get knotted up by law enforcement.  If you cross a boundary by accident or on purpose you might get yourself in trouble. 

I've always made it a policy that if I don't have written permission or specifc rights to hunt a piece of ground I stay off of it.  No need for an "I thought I could" excuse when it is written down.

I have a hard time thinking you know of no one that has not been through this hunting in areas of king or pierce county......people constantly post timber land, and the only BS is you not looking!
Title: Re: WA Senator Introduces Trespass Fluorescent Orange Bill For Second Time in a Year
Post by: Curly on May 06, 2015, 06:48:59 PM
But Steve, you are slamming bigtex here but he even stated he didn't like the bill.

I still contend that if you have permission to be on said land, you can......it won't matter what method it is posted.
I think if I owned property that people were wanting to trespass on I would paint up the trees like this bill is proposing. Maybe paint some big no trespassing words on the trees too. 

I don't doubt that some anti hunting types go out and place signs, but that still isn't a good reason to tell land owners that they cannot mark their land like this. Obviously some (or most) disagree and that's fine with me.
Title: Re: WA Senator Introduces Trespass Fluorescent Orange Bill For Second Time in a Year
Post by: bigtex on May 06, 2015, 07:38:19 PM
The discussion is all well and good but still doesn't explain to me what some find objectionable to the proposed bill (s).
Well I've already said I don't like it because it would be hard to educate/enforce.

But I also think it would be easier to mark land as closed that isn't supposed to be. Right now someone has to buy/make signs, get nails/staple gun, and attach it to a tree/pole. If this bill passed all you would need is orange paint and whammo the area is closed.

I can see even more land being posted as closed without the landowner's permission if this bill passed.

Some interesting info is that in 2012 the legislature decriminalized the unlawful posting of lands and made it a civil infraction (ticket with a fine, no possible jail time, can't be arrested for the offense). So it really weakened the penalty and in many ways reduced the "importance" of the law when it comes to investigations.
Title: Re: WA Senator Introduces Trespass Fluorescent Orange Bill For Second Time in a Year
Post by: bigtex on May 06, 2015, 07:43:14 PM
BigTex, do the officers carry regularly updated maps--paper or computer?  Or do they have to call in coordinates/check assessor sites/call a surveyor/skynet drones?
There really isn't any special LE only database. So we have to check maps, assessor databases, etc.

Like I said, an officer can make contact with the possible offender, plot the point and use it for what should be a quick investigation. If it turns out the guy was in fact trespassing then he can send the report to the prosecutor for charging. Most non-serious criminal contacts nowadays in WA don't end with the offender leaving with a criminal citation in their hands, but rather simply the officer saying they will be getting something in the mail.
Title: Re: WA Senator Introduces Trespass Fluorescent Orange Bill For Second Time in a Year
Post by: Curly on May 06, 2015, 07:53:18 PM
Thanks bigtex. It is a good discussion. Sounds to me like you and Steve miller are in agreement on this issue.

The way bigtex has debated the topic has me now changing my mind.

Btw Steve, I've disagreed with many things bigtex has said on various issues over the years, but he is a valuable asset to this forum. I lot of issues I wouldn't even know about if it wasn't for bigtex posting about them. So I am glad he is here.
Title: Re: WA Senator Introduces Trespass Fluorescent Orange Bill For Second Time in a Year
Post by: bearpaw on May 06, 2015, 08:00:47 PM
Reminder: Personal attacks on other members are not allowed. Debate the topic but refrain from personal attacks.
Thanks
Title: Re: WA Senator Introduces Trespass Fluorescent Orange Bill For Second Time in a Year
Post by: Miles on May 06, 2015, 09:12:15 PM
The discussion is all well and good but still doesn't explain to me what some find objectionable to the proposed bill (s).
Well I've already said I don't like it because it would be hard to educate/enforce.

But I also think it would be easier to mark land as closed that isn't supposed to be. Right now someone has to buy/make signs, get nails/staple gun, and attach it to a tree/pole. If this bill passed all you would need is orange paint and whammo the area is closed.

There are other states that use this method with success.

Buying signs/staples is just as easy as buying cans of spray paint.   Most are for sale in the same stores, and it only takes a couple seconds to put either on a tree.   

It's almost as though you are implying that more people are going to suddenly start posting land, simply because they can do it with paint.   Is that the case?   Do you really think if someone wants to post land now that buying a sign and staples is too much of a hassle?
Title: Re: WA Senator Introduces Trespass Fluorescent Orange Bill For Second Time in a Year
Post by: bearpaw on May 06, 2015, 09:23:17 PM
We use paint in Utah where it is a legal posting method, it is far more economical, is very noticeable, and longer lasting.

We started using paint in WA years ago, it is much more economical and effective to us a gallon of paint to paint fence posts than to nail up expensive signs which are easily torn down every season by slob hunters. With the paint we throw another refresher coat on every 5 to 8 years and it doesn't get ripped down by trespassers. It seems to be way more effective.
Title: Re: WA Senator Introduces Trespass Fluorescent Orange Bill For Second Time in a Year
Post by: bobcat on May 06, 2015, 09:23:46 PM
But I also think it would be easier to mark land as closed that isn't supposed to be. Right now someone has to buy/make signs, get nails/staple gun, and attach it to a tree/pole. If this bill passed all you would need is orange paint and whammo the area is closed.

That's not true. If someone other than the landowner sprays paint on a property line, it's not "closed." If it's private and you have permission to hunt it, you can still hunt it. Or if it's public land that is illegally painted/posted, you can still hunt it.

Orange paint on public land wouldn't keep me from hunting it, I guarantee you that.
Title: Re: WA Senator Introduces Trespass Fluorescent Orange Bill For Second Time in a Year
Post by: bigtex on May 06, 2015, 09:26:26 PM
But I also think it would be easier to mark land as closed that isn't supposed to be. Right now someone has to buy/make signs, get nails/staple gun, and attach it to a tree/pole. If this bill passed all you would need is orange paint and whammo the area is closed.
That's not true. If someone other than the landowner sprays paint on a property line, it's not "closed." If it's private and you have permission to hunt it, you can still hunt it. Or if it's public land that is illegally painted/posted, you can still hunt it.

Orange paint on public land wouldn't keep me from hunting it, I guarantee you that.
By closed I mean it gives the illusion that it is closed. Just like how there is land with illegally placed signs that give the illusion it is closed but in reality it is not.
Title: Re: WA Senator Introduces Trespass Fluorescent Orange Bill For Second Time in a Year
Post by: bobcat on May 06, 2015, 09:31:41 PM
Well, I wonder if it causes problem in Idaho, because I believe they use paint to mark their property lines. I think Wyoming might be the same way as well.
Title: Re: WA Senator Introduces Trespass Fluorescent Orange Bill For Second Time in a Year
Post by: bearpaw on May 06, 2015, 09:35:29 PM
Well, I wonder if it causes problem in Idaho, because I believe they use paint to mark their property lines. I think Wyoming might be the same way as well.

I'm pretty sure paint is used in ID/MT/UT/WY
Title: Re: WA Senator Introduces Trespass Fluorescent Orange Bill For Second Time in a Year
Post by: bobcat on May 06, 2015, 09:56:39 PM
This time bigtex's opinion is wrong.   :chuckle:
Title: Re: WA Senator Introduces Trespass Fluorescent Orange Bill For Second Time in a Year
Post by: headshot5 on May 08, 2015, 06:43:01 AM
Quote
I'm pretty sure paint is used in ID/MT/UT/WY

Anybody know of any instances where similar laws have been a tool exploited by anti-hunting groups in some of the above states?  I have a hard time thinking that if this becomes a law, that it will be the straw that broke the camels back.  I really don't feel this proposed law, would be the undoing of hunters.

Currently, landowners can post signs in the exact same manner as the proposed paint would be used.  Nothing changes except that paint can be used in lieu of signs.  If someone is improperly marking public land or is marking someone else's private land, either double check your permission or go check with your county's assessor to verify land ownership.         

Title: Re: WA Senator Introduces Trespass Fluorescent Orange Bill For Second Time in a Year
Post by: fireweed on May 08, 2015, 01:25:22 PM
How much paint will posting this private land take?  they need to amend the law to attach an Environmental impact statement when private landowner owns so much that the amount of paint becomes a health hazard :chuckle:
Title: Re: WA Senator Introduces Trespass Fluorescent Orange Bill For Second Time in a Year
Post by: fireweed on May 12, 2015, 09:59:37 AM
Maybe.  :yeah. I know that you are just being scarcastic,But I do think of this  :yeah: Wih all the land thievery that has taken place in the past through coruption and murder,Many of these huge land owners in America didnt buy the property as you and I have to today.So what you say,Well to an extent I agree with you but sometimes some end up with so much property and they make deals and such with the GOV. that they pay little to none in taxes for said land and then they go back on their word with the GOV. and we end up paying for the ability to hunt these lands.Is this ok with you Macs B?

I'd be happy if our legislatures just stopped forcing homeowners and businesses to subsidize them in property taxes when they charge!  Other states (Wisconsin, Minnesota, Michagan) requires public access for the full tax "shift"
Title: Re: WA Senator Introduces Trespass Fluorescent Orange Bill For Second Time in a Year
Post by: MHWASH on May 12, 2015, 10:03:51 AM
It states right in the hunt regs that land owners are not required to post thier land. Why should the burden be on the property owners?

Violations
1.   Do Not Trespass - The state of Washington has strict laws prohibiting trespass on private land. Per RCW 77.15.435, it is unlawful to hunt
or retrieve wildlife from the property of another. Owners are not required to post their land.
Title: Re: WA Senator Introduces Trespass Fluorescent Orange Bill For Second Time in a Year
Post by: bobcat on May 12, 2015, 10:10:47 AM
It states right in the hunt regs that land owners are not required to post thier land. Why should the burden be on the property owners?

Violations
1.   Do Not Trespass - The state of Washington has strict laws prohibiting trespass on private land. Per RCW 77.15.435, it is unlawful to hunt
or retrieve wildlife from the property of another. Owners are not required to post their land.

This always is mentioned when this discussion comes up, and it's true- there's no law that requires a landowner to post their land. However, if it's not fenced or cultivated then it must be posted, otherwise a person cannot be cited for trespassing on that land.
Title: Re: WA Senator Introduces Trespass Fluorescent Orange Bill For Second Time in a Year
Post by: MHWASH on May 12, 2015, 10:23:43 AM
It states right in the hunt regs that land owners are not required to post thier land. Why should the burden be on the property owners?

Violations
1.   Do Not Trespass - The state of Washington has strict laws prohibiting trespass on private land. Per RCW 77.15.435, it is unlawful to hunt
or retrieve wildlife from the property of another. Owners are not required to post their land.

This always is mentioned when this discussion comes up, and it's true- there's no law that requires a landowner to post their land. However, if it's not fenced or cultivated then it must be posted, otherwise a person cannot be cited for trespassing on that land.

Can you direct me to that particular RCW?
Title: Re: WA Senator Introduces Trespass Fluorescent Orange Bill For Second Time in a Year
Post by: KopperBuck on May 12, 2015, 08:24:29 PM
A slight negative may be the more permanent nature of the paint when used illegally. Have to find someway to mitigate that.


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Title: Re: WA Senator Introduces Trespass Fluorescent Orange Bill For Second Time in a Year
Post by: Humptulips on May 13, 2015, 01:20:55 PM
Yea, There are a lot of people think they are entitled to a special tax break. This site, as a rule usually really comes down on anyone with their handout to the government. Timber companies, OK though. :dunno: I was fine with them getting a break as long as the public got something for the tax break. Not so much now.

As for the timber workers the timber companies like WEYCO, Simpson, Rayonier employ, you'll have a hard time finding any of them any more. They've done their best to eliminate those jobs.
Title: Re: WA Senator Introduces Trespass Fluorescent Orange Bill For Second Time in a Year
Post by: fireweed on May 13, 2015, 01:26:24 PM
Doesnt it state that in the same rcw as the trespass law as a defense to?Yes RCW 77.15.435
Here's another similar:
RCW 9A.52.010  Definitions
A person who enters or remains upon unimproved and apparently unused land, which is neither fenced nor otherwise enclosed in a manner designed to exclude intruders, does so with license and privilege unless notice against trespass is personally communicated to him or her by the owner of the land or some other authorized person, or unless notice is given by posting in a conspicuous manner. Land that is used for commercial aquaculture or for growing an agricultural crop or crops, other than timber, is not unimproved and apparently unused land if a crop or any other sign of cultivation is clearly visible or if notice is given by posting in a conspicuous manner. Similarly, a field fenced in any manner is not unimproved and apparently unused land. A license or privilege to enter or remain on improved and apparently used land that is open to the public at particular times, which is neither fenced nor otherwise enclosed in a manner to exclude intruders, is not a license or privilege to enter or remain on the land at other times if notice of prohibited times of entry is posted in a conspicuous manner.

They new legislation, I suppose, adds a stripe of paints this definition for  posting in a conspicuous manner
Title: Re: WA Senator Introduces Trespass Fluorescent Orange Bill For Second Time in a Year
Post by: ibuyre on May 13, 2015, 08:08:30 PM
One thing I haven't seen anyone mention is. Sheldon is from Shelton. Most of the land I hunt is owned by Simpson Timber aka "Green Diamond" Big in Shelton. ALL of there gates are painted Orange, and they always have been. I can see this suddenly closing all there lands, I don't think they will go around painting there gates. Even if they are "open", as for just saying it won't, I was stopped up in there by a Game warden, and he told me I was Trespassing and said he was going to right me up (there was 3 signs posted by Green Diamond that said the area was open, and if you called them, it was open, the Game warden told me he didn't see the signs). It wasn't till he made a phone call to "Green Diamond" that he didn't right me up. Now if they can use Orange paint on gates, that makes it easy for the Game warden to right you up and take your stuff, then you have to fight it... and by by season. So that is one reason I don't like to see this.

     Reason 2 goes hand in glove. I own a bunch of land, I mark my lines and gates, so they are easy to see.... I always use orange paint. When guys are marking property lines, guess what they use..... orange ribbon and paint on trees. Easy to see in the woods. Will this now make it easy for you to get written up and then have to fight it after ward. Even when you have permission to be there and there by miss your season, and have to take time to fight your charge. I think this is a BAD deal. Was it common practice in those other states for everyone to mark there property lines with orange ribbon? And paint gates and cables that color so people could see them and not run into them.

      This will close a ton of land and the land owners won't even know there land has been closed. Sounds like a mess to me.
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