Wednesday, August 3, 2011

Trespassing

People go door-to-door, either soliciting for religious organizations, or asking you to buy something or sign something. People jump the fence to get into the pool. People drive by the dumpsters, looking for things of value. People go door-to-door, leaving menus, coupons, or flyers, or put advertisements under your windshield wipers.

What's wrong with this picture? This is an easy question to answer--all these people are, knowingly or unknowingly, breaking the law! If they will break the law to get on Oakhaven property, do we want them hanging around our homes or our families?Buy at Art.com

Trespassing is a crime. Those people who are going door-to-door could be taking notes on who is home during the day and who is gone; who answers the door and who doesn't; and who is home alone. The person jumping the fence at the pool has not had a criminal background check as the residents of Oakhaven have had, and that could endanger someone at the pool. The person dumpster-diving is not only blocking traffic, but could steal your identity and sell it. And the person leaving advertisements on your car windshield could be writing down or photographing your VIN number and taking out a lien on your car.

When someone who is not an Oakhaven resident or employee comes to your door who is not accompanied by another Oakhaven resident, or a member of Oakhaven management or Oakhaven maintenance, that person is trespassing. You don't need to confront them; just politely tell them that they are breaking the law (if they ask which one, it is Section 113-02 through 113-04). For example, Section J of 113-02 reads:
(J) It shall be unlawful for any person to solicit funds, distribute or cause to be distributed, deposited, placed, thrown, scattered, or cast any handbill at or upon any premises if requested by anyone thereon not to do so, or if there is placed on such premises in a conspicuous place upon or near the main entrance to the residence, a legible card bearing the words, "no trespassing," "no peddlers," "no advertisements," "no solicitation," "no handbills," or any similar notice indicating in any manner that the occupants of such premises do not desire to be molested or to have their right of privacy disturbed, or to have any such handbill left upon such premises, unless the handbill is distributed for a religious or political purpose.
Since Oakhaven driveways have "Private Property--No Trespassing" signs posted, any person distributing menus, flyers, or anything else on doors is breaking the law (the exception being announcements from Oakhaven, of course!).

And those door-to-door people? Section A reads:
(A) It shall be unlawful for any person, directly or through an agent, to canvass or solicit in person within the city to sell or attempt to sell goods, merchandise, wares, services, or anything of value or to take or attempt to take orders for the future delivery of goods, merchandise, wares, or any personal property of any nature whatsoever, or take or attempt to take orders for services to be furnished or performed in the future, without having an appropriate permit thereof.
And they are subject to section Q:
(Q) It shall be unlawful for a person to conduct any activity authorized by this section without a complete copy of the issued permit within their immediate possession.

As for those automobiles, those are covered under Section P:
(P) It shall be unlawful for any person to distribute, deposit, place, throw, scatter, or cast any commercial or noncommercial handbill in or upon any automobile or other vehicle. The provisions of this section shall not be deemed to prohibit the handing, transmitting, or distributing of any noncommercial handbill to the owner or other occupant of any automobile or other vehicle who is willing to accept the same. 
What can you do?
  • When someone comes to the door, ask to see their permit. They must have it in their immediate possession available for inspection. If they don't, tell them they are trespassing and breaking the law.
  • When someone leaves a flyer, menu, or handbill on your door, call the business and tell them they are breaking the law by leaving the material on the door.
  • When someone leaves some flyer or menu on your car, call the business and let them know they are breaking the law.

Read the City of Carrollton trespassing law for yourself and see!