Marble Falls MayFest Illegally Posted

[RicoTX]

Since the City of Marble Falls and Mayor John Packer are anti-LTC I think, I figured the city park would be posted this weekend for MayFest... I was right.
Still waiting on a final response from AG on city hall, guess I will send yet another letter.... This is getting ridiculous... I hope something is done by the State next session... Needs to be a criminal act.

Updated.... See page 2.

[locke_n_load]

good luck. Still waiting on AG responses from last september.
Agreed on the criminal act part.

[AJSully421]

The Legislature loves nothing more than when people ignore the laws that they pass. The shear number of places having to be forced to comply with their rules, plus the number that are actively thumbing their nose is going to spell trouble for the anti-gunners in 2017. Good!

We just need to keep the OCT folks from becoming the CCT nightmare that we all know that they will be. I predict that within 20 years that Texas will be a full Constitutional Carry state. But I will go on record that it will not be within the next 10.

in 2017, we need 46.03 and 46.035 gutted for license holders. Courtrooms while court is in session, state licensed correctional facilities, secured areas of airports. That's it. Three places.

Nothing else on the agenda, no distractions. Just that, and maybe criminal fine for signs to elected / appointed officials.

[casp625]

Looks portable... Why not just pick it up and put it in the dumpster?

[NotRPB]

Johnson Park now?

They had Mayfest years ago at Lakeside park and the other ones off Ave J Johnson ( I forget the names of them, Name doesn't show up on map now) where you could float across or kayak in without going past any signs at the entrance ...

& I'd go in by Kayak or float tube from, I think the names (not on Google Maps now) Falls Creek Park (adjoins Lakeside Park on the east and Johnson Park on the west. There are several picnic tables, barbeque pits, a canoe-launch area) http://www.ci.marble-falls.tx.us/184/Fa ... -Skatepark or Westside Park http://www.ci.marble-falls.tx.us/190/Westside-Park the kayak launch https://www.google.com/maps/uv?hl=en&pb ... YQoioIezAK on that street that now closed off with the posts where I used to pah under trees at picnic tables and fish from the kayak launch before they decided to close it so handicapped people had to park uphill and go downhill passing "Go Paddle Down" https://www.google.com/maps/uv?hl=en&pb ... YQoioIezAK It was easy. 100 feet or so paddle across Backbone creek, instead of launching at Lakeside Park on Buena Vista Dr on Lake Marble Falls, entering the creek and paddling 100 yards (yeah, that's easy too, but I"m lazy, easier to launch kayak from the little kayak launch or small boat launch
So I rarely go there any more since parking is farther and was less handicapped accessible than it used to be

[NotRPB]

Looks portable... Why not just pick it up and put it in the dumpster?

Add Lake "Structure" for fish?
Where's the sign permit for that sign?
(Of course they'll say city is exempt)

Call city to have it removed
https://www2.municode.com/library/tx/ma ... OOR_CH20SI

Sec. 20-18. - City's authority to remove illegal signs.

An illegal sign is any sign that is erected or placed in violation of this chapter and which is not classified as a nonconforming sign. The city may remove any illegal sign after having provided written notice to the owner five (5) days before said sign is removed. Upon removal of any sign pursuant to this section, the city shall use reasonable care to preserve such sign. The city shall not be liable for any damages, direct, indirect or consequential caused by the removal. The city may dispose of any illegal sign if not claimed by the owner within ten (10) days of the date of removal. If the sign does not contain sufficient information to ascertain the name and address of the owner of the sign, no notification prior to removal shall be necessary. If the owner does not reclaim the sign within ten (10) days of the date of removal, the city may dispose of the sign.

(Ord. No. 2013-O-09C, § II.B, 10-1-2013)

https://www2.municode.com/library/tx/ma ... OOR_CH20SI
Chapter 20 - SIGNS[1]


Sec. 20-1. - Jurisdiction.

The sign regulations of this chapter shall apply within the city limit and the extraterritorial jurisdiction (ETJ) of the city.

(Ord. No. 2013-O-09C, § II.B, 10-1-2013)
Sec. 20-2. - Purpose.

The purpose of this chapter is to provide uniform sign standards which promote a positive city image reflecting order, harmony and pride, thereby strengthening the economic stability of the city business, cultural and residential areas. Objectives to be pursued in applying specific standards are as follows: ================
-----------------------
Sec. 20-5. - Permitting procedures.

A.

Except as otherwise provided herein, it is unlawful for any person to erect, alter, or relocate within the city or its extraterritorial jurisdiction any sign, as defined herein, without complying with the following requirements:

1.

Completion of a sign permit application;

2.

Review and approval of a sign permit.

B.

The procedures to be followed in fulfilling the intent of these sign regulations are as follows:

1.

A sign permit application must be obtained from the city;

2.

The sign permit application must be properly completed and returned to the city staff, along with payment of the sign application fee established by council;

3.

The city manager or his designated representative shall review the sign permit application and, if the application is properly completed and meets the general requirements of this chapter, may approve the application;
================
Sec. 20-6. - Types of signs not requiring a permit.

This section lists sign types and forms not requiring a permit. If the sign form differs from the regulations below, a permit shall be required. All sign types not listed within this section require a permit.
[[[[[[[[[[[[[[
Miscellaneous signs. No trespassing or posted property type signs or signs containing political speech shall not exceed four (4) square feet in the area. Signs placed with the intent of warning or advising the public of possible danger will be allowed on private property, but shall not exceed eight (8) square feet in face area.

(Ord. No. 2013-O-09C, § II.B, 10-1-2013)
Sec. 20-7. - Detached signs.

This section governs the regulation of all forms of freestanding (detached) signage within the city and its ETJ. No sign may be erected, structurally changed, refaced, or reconstructed in whole or part, within the city without a permit having been first obtained. Monument signs are the preferred sign form in the city, therefore these regulations seek to incentivize the erection of monument signs in the city.

A.

General requirements.
https://www2.municode.com/library/tx/ma ... OOR_CH20SI

E.

Freestanding or pole signs.

1.

Purpose. To identify a building, business, multifamily complex, or residential subdivision through the use of a freestanding sign or pole sign.

2.

Maximum size. Freestanding and pole signs is allowed an area equal to one (1) square foot to each two (2) linear foot of building front, not to exceed one hundred (100) square feet. A minimum of thirty-two (32) square feet is authorized regardless of building front.

3.

Maximum height. Freestanding or pole signs shall be no more than twenty (20) feet high.

4.

Minimum height. Freestanding or poles signs shall have a minimum height of eight (8) feet from the ground to the base of the sign.

Sec. 20-10. - Temporary signs.
Detached temporary signs.

1.

Purpose. To allow businesses and organizations the opportunity to advertise special events or functions, including but not limited to: opening soon, closing soon, business relocation, specials, sales, promotions, fundraisers, community events, etc.

2.

General regulations. All temporary detached signs shall comply with the following regulations, unless specified herein.

a.

A permit is required for all temporary detached sign types.

[NotRPB]

Hmmm What if I don't carry under authority of my LTC but carry under authority of MPA, or carry my concealed rifle then the concealed handgun in my "watercraft" i used to get 20 feet across the creek would be ok there since neither that 30.06 nor 30.07 sign apply to the MPA, but I'd have to lug my float tube around everywhere It has shoulder straps to carry like a backpack, but still ...

Probably easier just to carry my concealed Kel-Tec Sub2000 folding rifle for which no LTC is needed, and to which neither that 30.06 nor 30.07 sign applies.
No time to go to it today, church tomorrow ... maybe next year.

]]]]]]]]]]]]]]


Their code of ordinances needs updating too, because OpenCarry 30.07 HANDGUNS and PreEmption

But, can a city regulate open carried rifles?
https://www2.municode.com/library/tx/ma ... _ARTIICOPA

Chapter 15 - PARKS AND RECREATION
ARTICLE I. - IN GENERAL
Secs. 15-1—15-15. - Reserved.
ARTICLE II. - CONDUCT IN CITY PARKS

(Ord. No. 94-O-4, § 5, 4-12-94)
Sec. 15-19. - Display of firearms.

It shall be unlawful for any person to display a gun in any city park.

(Ord. No. 94-O-4, § 6, 4-12-94)

Cross reference— Discharge of firearms generally, § 14-4.

[RicoTX]

in 2017, we need 46.03 and 46.035 gutted for license holders. Courtrooms while court is in session, state licensed correctional facilities, secured areas of airports. That's it. Three places.

Nothing else on the agenda, no distractions. Just that, and maybe criminal fine for signs to elected / appointed officials.

I like this idea.

[ScottDLS]

Some day...someone will open carry to one of these things, get ticketed or arrested and then win in court.

So who wants to be the "test case".

[Pawpaw]

Some day...someone will open carry to one of these things, get ticketed or arrested and then win in court.

I doubt it. Most likely they will be arrested and thrown in jail for the night. Sometime the next day they'll go before the judge and the case will be thrown out, probably at the DA's request.

The only way to win is by suing for false arrest, or something after the fact. Good luck with that.

[ScottDLS]

Some day...someone will open carry to one of these things, get ticketed or arrested and then win in court.

I doubt it. Most likely they will be arrested and thrown in jail for the night. Sometime the next day they'll go before the judge and the case will be thrown out, probably at the DA's request.

The only way to win is by suing for false arrest, or something after the fact. Good luck with that.

I haven't heard of a recent rash of arrests for class C's and I don't think you don't even have to bond out for them. More likely the person will get told to leave by the cops without even getting a ticket, unless they refuse to leave.

[Solaris]

Some day...someone will open carry to one of these things, get ticketed or arrested and then win in court.

I doubt it. Most likely they will be arrested and thrown in jail for the night. Sometime the next day they'll go before the judge and the case will be thrown out, probably at the DA's request.

The only way to win is by suing for false arrest, or something after the fact. Good luck with that.

Yep.

I have seen 2-3 great vehicles for Texas Case Law, and they fizzled as there was no prosecution. Of course the victim still was out $5K plus for lega l fees.

[ScottDLS]

Some day...someone will open carry to one of these things, get ticketed or arrested and then win in court.

I doubt it. Most likely they will be arrested and thrown in jail for the night. Sometime the next day they'll go before the judge and the case will be thrown out, probably at the DA's request.

The only way to win is by suing for false arrest, or something after the fact. Good luck with that.

Yep.

I have seen 2-3 great vehicles for Texas Case Law, and they fizzled as there was no prosecution. Of course the victim still was out $5K plus for lega l fees.

That's a lot of money for defending against a Class C. I don't think there have been any cases arising from open carrying since Jan. For concealed carry there have been a very small handful in 19 years, and nobody convicted.

If you got arrested for open carry past a non-valid sign, you'd at least have to be charged with something higher than a class C before having to bond out. The non-applicability of 30.06 to government owned property has been around for 13 years. Do we really see police risking the false arrest suits for this? What attorney costs would you incur if the DA never charged you? Or what would the DA argue for charging you with at your initial arraignment?

[flintknapper]

Sounds like Austin 'liberalism' has made its way out to Marble Falls. What a shame.

[Solaris]

What attorney costs would you incur if the DA never charged you?

Billable hours by your attorney to convince the DA to not charge you!