OT: Only in Texas

[jaswhitt393]

From dallasnews.com:

Judge to man: Keep quiet during hunting season

04:18 PM CDT on Thursday, September 21, 2006

From Staff and Wire Reports


ITALY - An Ellis County man has been ordered by a judge to keep the noise down on his property during deer season after he was found guilty of a misdemeanor charge of disrupting hunters.

An Ellis County jury found Galen Morris, 38, guilty on Tuesday of violating one count of the state Sportsman's Rights Act. He was found not guilty of a second, similar charge.

The judge in the case ordered Morris to make sure his children don't disturb hunters on a neighboring property by playing loud music or driving four-wheelers before noon or after 4 p.m. during deer season , which starts in November. Morris was also issued a $250 fine and a year of probation.

"I kind of got mixed feelings out of it," Morris said. "Basically what they're saying is, during deer season you got to keep your kids indoors. You could sneeze and scare a deer off."

The Sportsman's Rights Act makes it illegal "to intentionally interfere with another person lawfully engaged in the process of hunting or catching wildlife."

Peggy Carroll, part owner of a ranch neighboring the Morris property, said the court's decision is fair. She said she hopes the noise restrictions and threat of jail time will keep it quiet for the hunters who use her land.

But Morris' lawyer, Waxahachie attorney Mark Griffith, said he's advising his client to appeal.

"This is just unbelievable to me," Griffith said. "This is really about what rights do you have on your own property."

Karl Kinsel, executive director of the Texas Deer Association in San Antonio, said the law was intended to stop people who “purposefully created noise to disrupt hunting.”

Noise from four-wheelers would likely run deer off, Kinsel said, but such conflicts should be worked out between the neighbors, Kinsel said.

In San Antonio, new housing developments near ranch land with hunting leases have caused friction between landowners and homeowners, he added.

“The cities have moved to the rural properties,” he said. “We have to respect the neighborhoods and they have to respect the rural areas.”

“This case concerns me,” said Jimmy Gaines, president of the Texas Landowners Council. “Cows make noise, donkeys make noise - there are noises with agriculture such as plows and other equipment. This jury may be abusing this guy.”

In recent years the Texas Legislature has tried to pass laws allowing counties to regulate noise based on decibels and distance, but the bills have not passed. Usually, laws aim to restrict noise during nighttime hours when most people sleep, Gaines said.

“This is peculiar all the way around," he said.

Urban sprawl near a ranch in Frisco became contentious when residents complained of hearing gunshots during dove hunting season.

Ranch owner Wayne Kirk, who owns 1,200 acres in Frisco, said the urban and rural lifestyles will occasionally conflict, but that most disagreements can be worked out when everyone meets to discuss the issues.

“When people buy a ranch or farm they spend a whole lot of money so they can do what they want to do,” he said. “The neighbors should talk to each other about it.”

[KKXR400R]

Sounds like something that would happen California.

[mtk]

Originally Posted by KKXR400R

Sounds like something that would happen California.

Surely you jest?

A decision in favor of hunting? In California?

You do know they use guns in hunting, right?

No way that happens in Cali.

As for the decision, I can understand it to an extent. I don't see this as anything close to the California decisions in that hunting season is a finite period of time and then you can go back to riding whenever you want. It seems to me that it is common courtesy not to go riding early in the day or late in the afternoon during hunting season. In fact, why would you ride at all?

Maybe I'm biased as I both ride and kill my own food.

[MotoMan]

Wow.....just freakin wow.

[KKXR400R]

No way that happens in Cali.

I think you took this a too literal. What I was meaning is the idiots in CA's court system and some of the decisions that have been made in the past. More of a comparison BTW we have a quail hunting season out her...in the desert...yes they even use guns.

-Kevin-

[Dirtbikindad393]

Originally Posted by KKXR400R

Sounds like something that would happen California.

In California it's not hunters its dirtbikes. Same scenerio but with a twist grip not a wooden grip.

[four26stroker]

Originally Posted by KKXR400R

Sounds like something that would happen California.

I thought the only things getting shot or hunted in Ca. had to be gang related.

[mtk]

I don't see this as even remotely close to the California decisions about riding on your own land. Those were permanent bans. This is about a very limited period of time, hunting season, and only for limited hours at that.

The decision didn't deprive the owner of any rights to use his land. He has a right to ride on his land. That right does not include disturbing his neighbor's lawful use of his property, which includes the sounds of his bike/ATV carrying over onto his neighbor's property. If your land is large enough and you can ride without disturbing your neighbor during hunting season, you can ride whenever you want. But if you don't, then you have to respect your neighbor's right to use his land in a lawful manner. That means not before noon and not after 4pm during hunting season. This is no different than riding in your yard at 3am and waking up all your neighbors. On a neighbor's farm we could ride all night if we wanted to because it didn't disturb anyone. Do that in a neighborhood and I guarantee you wind up with a citation.

You also need to keep in mind that in much of Texas people pay a hunting lease to hunt on private property. So the landowner can be losing revenue over a problem like this and the people that paid to go hunting have a right to do so without having their hunt ruined by someone on a bike.

[Styler101]

sounds like these hunters are hunting too close to that house for my taste if the kids quads are close enough to scare the deer off

[mtk]

PA state law requires 150 yards from a building as a safety zone. I imagine Texas has similar restictions.