Judge to man: Keep quiet during hunting season

[tenisiejer]

Past reminder. Re Keep the Noise -----

SOOOO. I wasn't the only Hunter to have a spoiled day.. Several years ago, While hunting a friends woods in JOHNSTOWN NEW YORK.. A DEER Lovin resident would send his kid, 3 wheeling through the woods, Nothing Could be done about it... Hunted else where..

 

[Art Eatman]

Give a little thought to probabilities: If the guy was "just making noise" as part of daily life, don't you reckon the neighbor lady might have asked him to hold it down a bit? Most ranch folks are pretty-much polite people.

Making normal everyday noise on your own property is just fine.

Since the guy was found guilty of INTENTIONAL production of excessive noise, it's a whole different deal. He was TRYING to do the PETA-type thing. I know from my own observation that deer don't pay much attention to anything near what you'd call normal noise. You have to either get close, or really get loud.

I've sat in a deer blind at my old-days place in Austin, in the flight path from Bergstrom AFB. F4s would hit the afterburners, some 2,000 feet up, and the deer wouldn't even look up. At some 300 to 400 yards, chainsaws in the nearby subdivision wouldn't bother the deer while they were feeding at sundown. Kids yakkiing, dogs barking a bit: At the distance, the deer didn't care.

Based on all that, this guy was TRYING to mess with hunters. That's against the law.

Art

 

[Sleeping Dog]

If the kids make this kind of noise most of the year, then the deer in the area won't be all that spooked by it. If it's something they do just during hunting season, just to mess up their neighbors' hunting, then there might be a law broken.

 

[DerringerUser]

Weird. Isnt that his property though? So, the judge is saying that he cant disurb people hunting on his property?

What if he doesnt want hunters on his property?

 

[JohnBT]

"Well I define real law as laws that are on the books as just laws."

He was convicted on violating a law that was on the books. The judge didn't invent it.

Laws against noise pollution, IMO, are akin to laws pohibiting burning leaves, stumps and other debris - just because it's your land doesn't mean you can do it whenever you want and the heck with the neighbors.

John

 

[Marshall]

I'm a big time hunter and I think this is a ridiculous law. As a land owner I am allowed a 4 hour a day time slot to do things requiring the use of an internal combustion engine? Using my John Deere before noon on my own land is a crime? This is about as absurd as I have ever heard.

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

Who is to say what is intentional? I guess just starting up my four wheeler would be intentional. I mean, I had to consciously make a decision to fire it up, I guess that's intentional.

Agreed. I guarentee you if I got fined, I would all of the sudden become a hunter and keep seeing deer to shoot. I might see 30-50 deer before noon and the same after 4PM. Of course I would be the worst shot in history since I keep shooting and missing.

With all that said, if there was proof that the landowner was on a four wheeler, intentionally haulin azz up and down the property line, back and forth, with a boom box strapped on it blaring "Start Me Up" by the Stones, I might have a different opinion.

 

[rustymaggot]

i think its total bs the guy cant do whatever he wants on his own land.

i like masterblasters idea. join the hunt and miss every 20 minutes.

my own ideas include running a chipper shredder and getting rid of yard waste, replacing my sidewalks(jack hammers are the usual way to remove), start a veggie garden and use a loud rototiller.

i say ef the hunters. the hunters have no right to tell me squat to do or not do on my own land.
i think being loud and driving deer away is a way to keep his family safe. no deer= no hunters= no stray bullets rambling thru his kids play area.

the deer are still there, its not like he is protecting them, hes just moving them away twards safer areas. if the hunters were worth a poop they would follow the deer, not cry about having to move to where the deer are.

if the guy wanted to be a jerk he would put up deer decoys on his land and then show a judge how hunters were shooting them right next to his property or maybe hitting his barn with wild shots. i remember a sting operation where cops put up deer within whatever distance of a road and sat there and waited for hunters to break the rules and shoot the decoy. the things the hunters said when the deer didnt fall down were priceless!

 

[TallPine]

I know from my own observation that deer don't pay much attention to anything near what you'd call normal noise.

I used to log, and the deer would hang around sometimes while chainsaws and skidders were running. In the winter, I've even had deer follow me around and eat off the tops of the trees that I had just fallen.

But if you stop and look at them, they get a little nervous.

Funny ... all the hunters from the city assumed that our logging operations would scare away the game and so avoided our timber sales for the most part. But during hunting season the deer would actually congegate in the logging area for refuge from the hunters.


I'm guessing that this guy and his family were deliberately harrassing the hunters next door....

 

[SteveS]

I think there just isn't enough information from this article to tell what happened in the hearing and what all of the evidence was.

Property rights are the issue here, not the right to hunt. The right to hunt is in the state constitution, but private property rights are being eroded at a pace unprecidented.

Property rights, especially in regards to eminent domain, are being eroded. THat being said, the law mentioned seems more like a nuisance law and they have been part of statutory law and common law for 100's of years. You don't have the right to do whatever you want on your lan if that sigificantly impacts how your neighbors can use their own land.

 

[DerringerUser]

Well I define real law as laws that are on the books as just laws."

He was convicted on violating a law that was on the books. The judge didn't invent it.

Laws against noise pollution, IMO, are akin to laws pohibiting burning leaves, stumps and other debris - just because it's your land doesn't mean you can do it whenever you want and the heck with the neighbors.

John

If you dont want hunters on your land, you should be able to do whatever you damn want to keep them off. I think thats called trespassing. There may be noise pollution laws, but if they can be only heard on your property whats the problem? If people are going to trespass, they are going to have to deal with noise pollution, or get the hell out.

 

[Ryder]

Noise doesn't scare deer away. We used to set the chainsaws down to shoot them. Noise will scare away those paid hunters though.

 

[ptmmatssc]

From what I see , I must be pretty lucky where I live . We have noise ordinances , but only from 9pm to 6am . Anything you do during the day that makes noise (on your own property ) is honkey dory . My nieghbor will get up on sunday and start cutting trees at 7 am , but I don't say anything since I shoot whenever I feel like it on my property as well as have a few parties during the summer that include bands . Have had the local cops come by and say something about one of the nieghbors complaining , then telling me I'm well within my rights as long as I abide by the ordinance times . That said , I am an avid hunter and whether this guy was doing this intentionally or not , it is his property , and if I was close enough for the noise to make a difference , I'm to close to shoot .

 

[JohnBT]

"If you dont want hunters on your land, you should be able to do whatever you damn want to keep them off. I think thats called trespassing. There may be noise pollution laws, but if they can be only heard on your property whats the problem? If people are going to trespass, they are going to have to deal with noise pollution, or get the hell out."

What does trespassing have to do with the case being discussed? The hunters were on the property next to the property where the noise was being made.

John

 

[Art Eatman]

M.O., your view is not any different from saying that discharging the effluent from your hog farm into a creek on your property is your sovereign right. Guess what? It's not your sovereign right.

Operating a tractor or combine is normal farming practice; you're missing the point badly, with that effort. It's irrelevant, as is the issue of ownership of the deer--or Conagra or a railroad.

Your sovereignty ends at the property line. Anything beyond "normal" that crosses the line is wrongful in the eyes of your neighbors and the law. Excessive noise; stink, pollutants, whatever.

Again: The noisemakers were found guilty of WILFULLY making excessively loud noise in an effort to disturb the legal activities of their neighbors. It is against the law to wilfully disturb your neighbors. Maybe they learned that it is stupid to act like nasty little kids.

It's dumber'n hammered dirt to wilfully make an enemy of a neighbor--aside from being rude and discourteous. But, like Ron White says, "You can't fix stupid."

Art

 

[MechAg94]

Again: The noisemakers were found guilty of WILFULLY making excessively loud noise in an effort to disturb the legal activities of their neighbors. It is against the law to wilfully disturb your neighbors. Maybe they learned that it is stupid to act like nasty little kids.

It's dumber'n hammered dirt to wilfully make an enemy of a neighbor--aside from being rude and discourteous. But, like Ron White says, "You can't fix stupid."

Art

Art said it. Go back and read his words again. Most of you are reacting to this without thinking. That bother me since most of you are gun owners.

Running my lawn mower or something is generally no big deal. If I set up a really loud stero against the fence and aim it my neighbor's house, that is NOT cool. It doesn't matter if I am still on my property or not. Please pretend for a second that this judge is NOT an idiot and he made this ruling for a reason.

Remember, In the natural way of things, your freedom is unlimited until you interfere with the freedom of others. This guy went well beyond his own activities and was intentionally interfering with his neighbor. He got slapped down for it. If he was just conducting normal activities, I am sure his neighbor would have worked with him. He stepped over the line so the judge slapped him. It happens.

 

[JohnBT]

I Googled up the following in the archives on a site called saysuncle.com

______________________________
Lora Says:

Link to this comment
Evidently, no one here knew the evidence that was brought before the judge and jury. One hunter testified that Mr. Morris told him personally that he was going to blow his airhorn and be disruptive until the owner of the land lost her property. He was evicted from the owners property prior to this harassment beginning. Besides he doesn’t own any property, look in the tax rolls, pull court records, then give your opinion. It is all open records. This case has affected me and my family personally.
____

SayUncle Says:

Link to this comment
Thanks for the info, Lora.
_____

Jimmy Carroll Says:

Link to this comment
Galen Morris does not own any land anywhere and this was not established during the trial, the one acre was bought from Albert & lavena BELL by Galen’s mother & step-father 20+ years ago and was part of their Estate, which is owned by Peggy Carroll ETAL. He has hunted the property himself and was never charged. His step-father, who died 3 years ago & is buried behind their house & who built the deer stands himself. The easement to the hunting property is less than 100 feet from Galen’s mothers house, so he knew every time a hunter went to the field except when he was at work or gone somewhere. When Ms. Carroll spoke with him about the noise polution he said she had made him lose his home and she didn’t refund his money for water meter & she was going to pay and that he wasn’t going to have his kids walk on eggshells just for her. There are laws protecting others from noise polution I don’t care where a person lives and when a person repeatedly, in spite of warnings from game warden. does the same thing over and over and even admitted doing it to one of the hunters and was going to continue to make the noise, he didn’t care who it bothered. What if he was your neighbor?????????? His lawyer Mr. Griffith needs to get all the facts. Thank you.

 

[DRMMR02]

If he was my neighbor and he bought some ATVs, I would let him and his family enjoy them when it's daytime.

 

[brerrabbit]

So you would not let your neighbor enjoy ATV's on his own property at night? Scaring off the game for a night hunter? How white of you.

We use Atvs after night fall quite often, you lose a calf and cow unit, you would be looking for them too.

 

[DRMMR02]

How white of me? Is that supposed to mean what it sounds like it means? Or there some sarcasm flying right over my head?

 

[gezzer]

Kids, riding 4 wheelers, on their own property is a normal occurrence. This Judge is not only wrong he is morally wrong.

If it were against me we would have this appealed already.

WRONG it is his property he gets to do on it what he wants.

Screw the paid canned-hunt hunters. Or wait isn’t most TX hunting paid for?

 

[DerringerUser]

What does trespassing have to do with the case being discussed? The hunters were on the property next to the property where the noise was being made.

John

Oooooo, that changes everything. I thought the hunters were on HIS land.

 

[cassandrasdaddy]

and

according to one link he didn't own the land

 

[Art Eatman]

gezzzer, reading your post #48, it appears you haven't thoroughly read through the thread.

"Canned hunt" is highly uncommon in Texas. Further, there's no way of knowing the circumstances of the neighbor lady's hunting process. No mention was made of the size of her acreage.

Texas is almost all privately owned land. What's commonly paid for is the right of trespass in order to hunt deer. On the majority of Texas hunting leases, the hunters make the decisions about how they hunt. Generally, ranchers control how many of what sort (doe, immature bucks, trophy bucks) are taken, as part of a management program to maintain long-term quality hunting.

Art

 

[pictoblu]

Being that I can recall, in some areas, black powder opening the same day that archery opens, well this noise argument is pure bs, in my mind.

When were the black powder guys ever "noise free" "quiet" for the sake of the archery guys?

Nothing but bs.

Or else the judge was paid off to rule in that manner. And if that is what is really going on there, well that is worse than bs.

 

[JohnBT]

I'd say blowing an air horn while someone is hunting - and after the game warden has been out there a few times already to tell you to knock it off - violates the law and deserves a citation.

Now. What's bs about that?

Do you have any facts to back up your accusation that the judge was bought off or are you just spouting off at the mouth?

John