Tresspassing Question

[Griggsy77]

We have been having an increasing problem with trespassers lately, and i was hoping to get some advice from you guys.

We have have open space next our house which is owned by our HOA and for exclusive use of neighbors. Its clearly marked with private property, no trespassing signs. Two of the signs you walk within a few feet of as you enter the open space.

The problem is that this open space abuts a state park and many people use this to access the park. Our signage clearly indicates this is not a park access and advises them of the closest public access (about a mile away).

People drive up to our cul-de-sac (public road), park and then go into the park. We have called the police (non-emergency line) on a couple of occasions, but by the time they arrive, the trespassers are into the park and it could be hours before they return. The police have run the plates on the cars, they come back with an address not from the neighborhood, but otherwise clean. They tell me to call them back if i see them again.

If I'm out in the front yard working and see people, i will approach them in a friendly manner ask how they are doing and let them know where the nearest public access is. So far 100% of those folks have politely returned to their car and left. If i have my young kids with me in the cul-de-sac, i don't feel comfortable engaging the trespassers.

Sorry for the long build up... any advice on how to curtail the problem?

Anything prohibiting us from putting a custom sticker on their window stating that there is no public park access. http://tinyurl.com/k7n577f

Thanks in advance for your help.

[74c5]

Work with your HOA and the city to require a permit-sticker to park on the street in your cul de sac. Virtually nothing else will get you the result you seek. Someone (city) will have to throw down a little bit of cash to work the stickers and the requisite amount of signage.
Downside: Pissed off people when they get towed or a ticket that know where you live.

Plan B could be to close the park access through the open space. But, then it wouldn't be open space anymore.....

[Griggsy77]

That was a good thought. I just contacted the city and we are outside of their parking enforcement zone, so the residential parking permits are not an option for us.
We are on a narrow street with parking bays. Signs indicate parking only in the bays. I am assuming the bays are part of the pubic right of way?

Any other ideas?

[tyrist]

That was a good thought. I just contacted the city and we are outside of their parking enforcement zone, so the residential parking permits are not an option for us.
We are on a narrow street with parking bays. Signs indicate parking only in the bays. I am assuming the bays are part of the pubic right of way?

Any other ideas?

Merely walking across an open lot of land is not trespassing.

[DEPUTYBILL]

Maybe a fence with gate that only home owners have a key to?
Paid by HOA?

[Griggsy77]

We have have open space next our house which is owned by our HOA and for exclusive use of neighbors. Its clearly marked with private property, no trespassing signs. Two of the signs you walk within a few feet of as you enter the open space.
.

Its not just empty lot, its landscaped, fenced, with signage.

[Griggsy77]

[DEPUTYBILL]

Taller fence?
If it is HOA property, maybe the HOA needs to write to the Chief of police, or go before whatever city government you have and request action be taken!

[Griggsy77]

Thanks Bill -
I recently became a board member and I was tasked with researching this and coming up with some potential options.

I'm in a difficult spot. I can't make it too imposing or it will never get by the Architectural review board. They have pretty strict guidelines. All fencing in the development is 5' field fencing. We also need a vehicle gate here for fire department and maintenance access.

[74c5]

vehicle gate here for fire department and maintenance access.

There. Red Zone for emergency access......a big one.

[Griggsy77]

Do they have to be caught by the police for it to be an infraction? If we have pictures of them trespassing and pictures of their car/license plate, can the police do anything with that? Can we file a police report? Some of the people habitually trespass.

[Jeepergeo]

A sticker would be vandalism. It would only be a matter of time before the wrong car was stuck.

And your HOA was too cheap to take on ownership or responsibility for the streets, so get used to having folks park in your kingdom.

[db42]

Maybe I don't understand. What is it they're doing that's damaging or intrusive - other than walking on a walking path?

[sonofeugene]

Seems to me that the fence and gates need improving. And if the HOA is so concerned about it, they can just as well make some concessions to the design. Besides, there are many ways to make attractive fences without creating something that's ugly. Yes, it'll cost some money, but it seems to me to be the best option. The land is yours, put a decent fence on it.

[Ritchie8719]

Do they have to be caught by the police for it to be an infraction? If we have pictures of them trespassing and pictures of their car/license plate, can the police do anything with that? Can we file a police report? Some of the people habitually trespass.

You need to talk to the cops to get the local answer to this question, especially the habitual part. The law is pretty clear and not very effective.

It seems that the gripe is that it is next to your house and other members aren't very worked up?

The sticker idea is almost as bad as the airless tire idea, BUT a note under the wipers with the law and the consequences would be fine. I doubt it would work on me.