# No Tresspassing, Fishing, Hunting Signs???



## hang_loose (Apr 2, 2008)

What are the laws for private property or adjacent property??? I didn't want to hijack another thread on this thought..


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## Lundy (Apr 5, 2004)

Private property, posted with signs or not, if you don't own it you are required to have permission to trespass.


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## GABO (Apr 4, 2008)

WRITTEN permission.


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## Shad Rap (Nov 10, 2010)

This is just a hypothetical and I know what Lundy said is correct but what if you don't know its private property and its not posted with any signs at all?..are u really gonna be fined?..I know the land owner may shoot you but that's a whole different story...lol.


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## imalt (Apr 17, 2008)

It is tresspassing it is up to you to know. Sucks but that is the way it is. Hopefully you would just get kicked out and not get a ticket though.


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## Lundy (Apr 5, 2004)

Shad Rap said:


> This is just a hypothetical but what if you don't know its private property and its not posted with any signs at all?


Zero difference as if you did know and it was posted with 1000 signs.

The enforcement MAY be different but the law is not.


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## sbreech (Jun 6, 2010)

Lundy said:


> Zero difference as if you did know and it was posted with 1000 signs.
> 
> The enforcement MAY be different but the law is not.


Yeah what he said. Didn't we use to get a "form" when we got our fishing licenses to have land owners sign to grant permission?


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## BassBlaster (Jun 8, 2006)

You have the responsibility of knowing where you can and can not be. Ignorance is no excuse. OH law dosnt require that any land owner post thier property to keep you off of it. For some reason, there seems to be some huge misconseption that if land isnt posted, its fine to trespass. Not so. I do understand that there are areas where public land borders private land but everyplace I have been, the state has done a good job of clearly marking the line where private property starts.


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## BassBlaster (Jun 8, 2006)

sbreech said:


> Yeah what he said. Didn't we use to get a "form" when we got our fishing licenses to have land owners sign to grant permission?


Its now in the regualtion book. You can tear it out and make copies or stop at and ODNR office and pick up the 2 part forms. I like those as I can have one and give one to the landowner.


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## sherman51 (Apr 12, 2011)

lundy got it right private property doesnt have to be posted to be private property. you need written permission to be on someones land period.
sherman


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## moke11 (Apr 15, 2004)

Think about this if YOU owned land near a good fishing or hunting spot. Would you want anyone and everyone to be allowed to walk, fish, hunt, etc. without asking you first?

posted or not, just seems like common sense.


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## fredg53 (Sep 17, 2010)

moke11 said:


> Think about this if YOU owned land near a good fishing or hunting spot. Would you want anyone and everyone to be allowed to walk, fish, hunt, etc. without asking you first?
> 
> posted or not, just seems like common sense.


+ a million i dont see how yhis debate even seizes but cant fix stupid

posted using Outdoor Hub Campfire


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## Lundy (Apr 5, 2004)

moke11 said:


> Think about this if YOU owned land near a good fishing or hunting spot. Would you want anyone and everyone to be allowed to walk, fish, hunt, etc. without asking you first?
> 
> posted or not, just seems like common sense.


Or walking into your backyard and using your grill and picnic table

Really no difference.


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## acklac7 (May 31, 2004)

Lundy said:


> Private property, posted with signs or not, if you don't own it you are required to have permission to trespass.





imalt said:


> It is tresspassing it is up to you to know. Sucks but that is the way it is. Hopefully you would just get kicked out and not get a ticket though.





BassBlaster said:


> You have the responsibility of knowing where you can and can not be. Ignorance is no excuse. OH law dosnt require that any land owner post thier property to keep you off of it..





sherman51 said:


> lundy got it right private property doesnt have to be posted to be private property. you need written permission to be on someones land period.
> sherman


*Wrong.*

You would think, after all this time/all these threads people on here (especially Mod's) would know the law correctly and not just spew random mumbo-jumbo about what they believe the law says.

Ohio has an "Actual Knowledge" clause which states that you have to be notified the land you are on is indeed private before you can be found Guilty of Criminal Trespass. It's up to the issuing officer whether or not there's enough evidence (of prior notification) to write you a ticket.

Seriously guys, do you honestly think landowners put up those "No-Trespassing" signs because they look pretty? No. It's because they are required to by law.



Here is the criminal trespass statue as defined in section 2911.21 of the Ohio Revised Code (availible @ http://onlinedocs.andersonpublishing.com/oh/lpExt.dll?f=templates&fn=main-h.htm&cp=PORC)

§ 2911.21. Criminal trespass.

(A) No person, without privilege to do so, shall do any of the following: 

(1) *Knowingly* enter or remain on the land or premises of another; 

(2) *Knowingly* enter or remain on the land or premises of another, the use of which is lawfully restricted to certain persons, purposes, modes, or hours, when the offender knows the offender is in violation of any such restriction or is reckless in that regard; 

(3) Recklessly enter or remain on the land or premises of another, *]as to which notice against unauthorized access or presence is given by actual communication to the offender, or in a manner prescribed by law, or by posting in a manner reasonably calculated to come to the attention of potential intruders, or by fencing or other enclosure manifestly designed to restrict access; * 
(4) *Being on the land or premises of another, negligently fail or refuse to leave upon being notified by signage posted in a conspicuous place  or otherwise being notified to do so by the owner or occupant, or the agent or servant of either. * (B) It is no defense to a charge under this section that the land or premises involved was owned, controlled, or in custody of a public agency. 
(C) It is no defense to a charge under this section that the offender was authorized to enter or remain on the land or premises involved, when such authorization was secured by deception. 
(D) Whoever violates this section is guilty of criminal trespass, a misdemeanor of the fourth degree. 
(E) As used in this section, "land or premises" includes any land, building, structure, or place belonging to, controlled by, or in custody of another, and any separate enclosure or room, or portion thereof.


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## Stauff (Mar 7, 2005)

So, let me think about this. I KNOW that the land doesn't belong to me. That means it must belong to someone else, right? Even "public land" doesn't belong to me. I have no right to build on that land, it belongs to the State. If it doesn't belong to me, and I'm on that land without permission, I'm trespassing. It really is that simple. Forget your loopholes - save that for the IRS.


Posted using Outdoor Hub Campfire


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## GABO (Apr 4, 2008)

Wow lots of prosecuting attys on this site. As I have said before on here. Trespass on my property and I can promise u will pay a fine.  trust me I think that there are some people who know a little better than others. It is illegal. As stated earlier depends on what the local authorities want to enforce and what the prosecutor wants to push. Good luck


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## acklac7 (May 31, 2004)

GABO said:


> Wow lots of prosecuting attys on this site.


Ha, on one of the old trespassing threads an Attourney actually did chime in, that is where I got my information on the "Actual Knowledge" clause.




GABO said:


> As stated earlier depends on what the local authorities want to enforce and what the prosecutor wants to push. Good luck


Unfortunately (or fortunately, depending on which side your're on) most rural Sheriffs won't follow the statue and will cite you regardless of the law.

Also should note im not for Trespassing on peoples property, I just hate to see _anglers_ unjustly ticketed for _fishing_ on what they believe to be public property.


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## BuckeyeZac (Aug 15, 2012)

Aklac7.... Be careful before you start telling people they are wrong. "No Trespassing" signs are not required by law as interpreted by courts in Ohio. 

"There is no requirement under criminal trespassing statute that no trespassing signs be posted on property, or that the person in control or possession of property notify everyone in the world that they are not welcome to come onto the property. R.C. § 2911.21(A)(2)."

State v. Janson, 2009-Ohio-3256, 183 Ohio App. 3d 377, 917 N.E.2d 296 (2009)


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## acklac7 (May 31, 2004)

BuckeyeZac said:


> Aklac7.... Be careful before you start telling people they are wrong. "No Trespassing" signs are not required by law as interpreted by courts in Ohio.
> 
> "There is no requirement under criminal trespassing statute that &#8220;no trespassing&#8221; signs be posted on property, or that the person in control or possession of property notify everyone in the world that they are not welcome to come onto the property. R.C. § 2911.21(A)(2)."
> 
> State v. Janson, 2009-Ohio-3256, 183 Ohio App. 3d 377, 917 N.E.2d 296 (2009)



Yea I probably should have elaborated; some sort of notification is required, notification can take many forms: fencing, trimmed lawn, driveway etc. No Trespassing Signs are one, of many, forms of notification.


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## BuckeyeZac (Aug 15, 2012)

acklac7 said:


> Yea I probably should have elaborated; some sort of notification is required, notification can take many forms: fencing, trimmed lawn, driveway etc. No Trespassing Signs are one, of many, forms of notification.


Exactly.. which I believe broadens the word knowingly quite a bit.

Also don't forget that "knowingly" only applies to criminal trespass. There is also a common-law tort for trespass. 

A common-law tort in trespass upon real property occurs when a person, without authority or privilege, physically invades or unlawfully enters the private premises of another whereby damages directly ensue, even though such damages may be insignificant.


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## Mushijobah (May 4, 2004)

When you are hunting or fishing, you are held responsible for knowing where you are. It doesn't have to be a Criminal Trespass charge. I think we went over this already Acklac? And you were mad because you thought it was a BS law


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## acklac7 (May 31, 2004)

Mushijobah said:


> When you are hunting or fishing, you are held responsible for knowing where you are. It doesn't have to be a Criminal Trespass charge. I think we went over this already Acklac? And you were mad because you thought it was a BS law


But thats a separate (lesser) charge, "fishing/hunting without permission" and not Criminal Trespassing (1st Degree Misdemeanor), correct?


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## acklac7 (May 31, 2004)

Mushijobah said:


> And you were mad because you thought it was a BS law


I was mad because the law "HUNTING without permission" was obviously worded to target HUNTING, it makes no mention of fishing/fisherman. Apparently there is some case law that does go on to include fishing, but the initial law makes no mention of it. From my point of view fishing was intentionally left out, only to be added in at a later date.


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## BuckeyeZac (Aug 15, 2012)

Hunting without permission (ORC Section 1533.17) is a misdemeanor of the third degree on a first offense and a misdemeanor of the second degree on each subsequent offense (ORC 1533.99(A)).

Criminal Trespassing is a misdemeanor of the fourth degree (ORC 2911.21(D)(1)).


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## acklac7 (May 31, 2004)

BuckeyeZac said:


> Hunting without permission (ORC Section 1533.17) is a misdemeanor of the third degree on a first offense and a misdemeanor of the second degree on each subsequent offense (ORC 1533.99(A)).
> 
> Criminal Trespassing is a misdemeanor of the foruth degree (ORC 2911.21(D)(1)).


Do you know of any case law that mentions fishing in (ORC 1533.99(A))? To me, that law seems to only implicate Hunters.

Also find it strange that FishinTechnician's chargers were "dropped" from Criminal Trespassing to "fishing without permission"? That like makes no sense if the above is true?


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## BuckeyeZac (Aug 15, 2012)

acklac7 said:


> Do you know of any case law that mentions fishing in (ORC 1533.99(A))? To me, that law seems to only implicate Hunters.
> 
> Also find it strange that FishinTechnician's chargers were "dropped" from Criminal Trespassing to "fishing without permission"? That like makes no sense if the above is true?


No, I don't know of any case law that mentions fishing. My understanding of the ORC is that you need written permission to hunt or trap, not to fish, while it doesn't hurt to have written permission for fishing as well. I think there is a charge for fishing without permission, but I cannot find the code section anywhere, so maybe criminal or civil trespassing is how those are handled.

I am not aware of the Fishin Technician thing you are talking about.


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## Lundy (Apr 5, 2004)

acklac7 said:


> I just hate to see _anglers_ unjustly ticketed for _fishing_ on what they believe to be public property.


And the truth shall set you free

_(1) Knowingly enter or remain on the land or premises of another

_As I stated earlier, if you don't own it, you need to know who does, your job to find out prior to instead of playing stupid after the fact.


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## Mushijobah (May 4, 2004)

BuckeyeZac said:


> No, I don't know of any case law that mentions fishing. My understanding of the ORC is that you need written permission to hunt or trap, not to fish, while it doesn't hurt to have written permission for fishing as well. I think there is a charge for fishing without permission, but I cannot find the code section anywhere, so maybe criminal or civil trespassing is how those are handled.
> 
> I am not aware of the Fishin Technician thing you are talking about.


The definition of hunting includes fishing in Ohio Revised Code. It really doesn't matter what my, yours, or acklac's definition of "hunting" is, it matters what the ORC says. It depends on the judge and if the LEO actually shows up in court. If ODNR shows up in court and explains it to the judge, the likelyhood of you getting a ticket is much higher. If a county deputy or municipal PD officer shows up, chances are they don't have as much experience writing the summons. I would guess there is a caveat to FishinTechnician's story which ended up with the case being dismissed. Maybe we should file a public record request 

I should add that I asked for an explanation from ODNR and the hunting w/o permission is the charge they use because the definition of hunting includes "catching wild animals" IE fish.


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## acklac7 (May 31, 2004)

Mushijobah said:


> The definition of hunting includes fishing in Ohio Administrative Code. It really doesn't matter what my, yours, or acklac's definition of "hunting" is, it matters what the OAC says. It depends on the judge and if the LEO actually shows up in court. If ODNR shows up in court and explains it to the judge, the likelyhood of you getting a ticket is much higher. If a county deputy or municipal PD officer shows up, chances are they don't have as much experience writing the summons. I would guess there is a caveat to FishinTechnician's story which ended up with the case being dismissed. Maybe we should file a public record request


The problem is i've searched the Ohio Administrative Code under the query "Fishing" and am unable to find any law pertaining to "fishing without permission" or anything remotely close.

Again, I'd love for someone to pull up some case law on this subject.

Also fishintechnician's charge didn't get dismissed, it got "dropped" to a "lower charge" of "fishing without permission". Based on the information Zac provided, Fishintechnician plead guilty to "Hunting without permission", which is a more severe charge then Criminal Trespassing! Makes absolutely zero sense.

Here's the thread by the way, it was closed before anyone could question/challenge the "fishing without permission" charge......

http://www.ohiogamefishing.com/community/showthread.php?t=147899&highlight=ticketed


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## Mushijobah (May 4, 2004)

One does not simply just "pull up some caselaw" lol. Also Crim Trespass is a completely different charge, in a completely different chapter of ORC. If you're curious, I suggest you call up your local WO and have him explain it to you. You could talk to his supervisor too if you're unsure of his answer.

If you know FishinTechnician's name, or he's willing to provide it, you can look up the docket of how it all went down on the Delaware County Muni Court website.


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## Mushijobah (May 4, 2004)

This is worth a read. Champagne County's guide.

http://www.champaigncountymunicipalcourt.com/pdfs/wildlife_bond_schedule.pdf

Fishing W/O Permission is listed under ORC 1533.17 which is Hunting W/O Permission.


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## GABO (Apr 4, 2008)

Mushi your providing wonderful info. And to be honest this type of thread is why I stopped posting on here a couple years back. It all boils down to the fact that when people hear something that they don't want to they don't like it. So they argue it till they are blue in the face. One factor that had not been said is how adamant the land owner is about filing the charges. Enjoy fighting the good fight mushi. Wasted effort.


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## Harbor Hunter (Aug 19, 2007)

Some streams that flow through private land are posted,others are not.I feel that landowners that don't post any signs at likely access points aren't going to make too big of a fuss if I go wading up the stream.If they do,then I will accept full responsibility of my actions.I have been wading streams all over Ohio for 45 years or longer,I have yet to ask permission at any of them,and I have yet to have a confrontation with a landowner.Obviously I don't park my truck at a bridge crossing that's posted,that's a pretty strong signal that the owner doesn't want me wading the creek.If I don't see any signs,then I roll the dice and go fishing.There's been many times where I have run across the landowner somewhere along the stream,and (so far anyway)he'll just ask if I'm having any luck,or some other form of small talk.Am I aware of trespass laws,yes I am.I'm also aware that the vast majority of landowners that have fair size streams running through their property would certainly post the area if they didn't want me to fish the stream.Yes I know that they don't have to,but most would if they didn't want anybody on the stream.Just look at it this way,if you owned land along say a quarter to a half mile stretch of the Kokosing River and you didn't want anybody wading up through there-wouldn't you post it? Again,I realize that you wouldn't have to,but still,wouldn't you post it?


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## BuckeyeZac (Aug 15, 2012)

Mushijobah said:


> The definition of hunting includes fishing in Ohio Revised Code. It really doesn't matter what my, yours, or acklac's definition of "hunting" is, it matters what the ORC says.
> 
> I should add that I asked for an explanation from ODNR and the hunting w/o permission is the charge they use because the definition of hunting includes "catching wild animals" IE fish.


So what does the ORC say?

This is how "hunting" and "trapping" are defined in ORC 1533.17 (hunting without permission statute). I see nothing about "catching wild animals."

(Y) "Hunting" means pursuing, shooting, killing, following after or on the trail of, lying in wait for, shooting at, or wounding wild birds or wild quadrupeds while employing any device commonly used to kill or wound wild birds or wild quadrupeds whether or not the acts result in killing or wounding. "Hunting" includes every attempt to kill or wound and every act of assistance to any other person in killing or wounding or attempting to kill or wound wild birds or wild quadrupeds.

(Z) "Trapping" means securing or attempting to secure possession of a wild bird or wild quadruped by means of setting, placing, drawing, or using any device that is designed to close upon, hold fast, confine, or otherwise capture a wild bird or wild quadruped whether or not the means results in capture. "Trapping" includes every act of assistance to any other person in capturing wild birds or wild quadrupeds by means of the device whether or not the means results in capture.

However, the link you provided by Champaigne County and your discussion with ODNR says they charge you with 1533.17 for fishing without written permission anyways. Fish at your own risk, but if I were you, I would know who's land I'm standing on.


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## BuckeyeZac (Aug 15, 2012)

Ah ha! Found it! 

Definition of wild animals.
(X) "Wild animals" includes mollusks, crustaceans, aquatic insects, *fish*, reptiles, amphibians, wild birds, wild quadrupeds, and all other wild mammals, but does not include domestic deer.

1533.17 Hunting without permission.

(A) *No person shall* hunt or trap *upon any lands, pond, lake, or private waters of another, except water claimed by riparian right of ownership in adjacent lands*, or shoot, shoot at, *catch*, kill, injure, or pursue a wild bird, wild waterfowl, or *wild animal thereon without obtaining written permission from the owner or the owner's authorized agent*. 

So ok, at this point, I am absolutely convinced that you must get written permission to hunt, fish, or trap on any private property in the state of Ohio, or you are in violation of ORC 1533.17, hunting without permission, which includes fishing.


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## eaglewu (Jun 14, 2006)

Is the community pond a private pond?


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## Toolman (Jun 8, 2004)

Harbor Hunter said:


> Some streams that flow through private land are posted,others are not.I feel that landowners that don't post any signs at likely access points aren't going to make too big of a fuss if I go wading up the stream.If they do,then I will accept full responsibility of my actions.I have been wading streams all over Ohio for 45 years or longer,I have yet to ask permission at any of them,and I have yet to have a confrontation with a landowner.Obviously I don't park my truck at a bridge crossing that's posted,that's a pretty strong signal that the owner doesn't want me wading the creek.If I don't see any signs,then I roll the dice and go fishing.There's been many times where I have run across the landowner somewhere along the stream,and (so far anyway)he'll just ask if I'm having any luck,or some other form of small talk.Am I aware of trespass laws,yes I am.I'm also aware that the vast majority of landowners that have fair size streams running through their property would certainly post the area if they didn't want me to fish the stream.Yes I know that they don't have to,but most would if they didn't want anybody on the stream.Just look at it this way,if you owned land along say a quarter to a half mile stretch of the Kokosing River and you didn't want anybody wading up through there-wouldn't you post it? Again,I realize that you wouldn't have to,but still,wouldn't you post it?


So it seems you are saying that trespassing laws don't apply to you?


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## Mushijobah (May 4, 2004)

It sounds like he's saying he fishes by his own code and is willing to accept any results. I think every angler in Ohio has trespassed in one way or another over the years. If you are not blatantly doing so or whining and and crying if you get caught, I can respect that. It's not the end of the world. I think nearly every person in Ohio that goes outside has technically trespassed. You get caught when you trespass on a location where you should know not to go. If it's posted, if a landowner comes running after you time after time, if there are little black helecopters following you. I will tell you that 99.9% of the time, the landowner makes a complaint to ODNR or Local LE before action is taken to charge someone with Hunt/Fish W/O permission.


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## Harbor Hunter (Aug 19, 2007)

Toolman said:


> So it seems you are saying that trespassing laws don't apply to you?


 Out of everything I said,where do you read that I don't believe any law pertains to me? Did you not read where I said if I'm on somebody's land without their permission I would accept full responsibility for my actions? I'm not talking about sneaking into somebody's private pond,or slipping into somebody's woods to hunt mushrooms,or whatever else.I'm talking about wading up some stream fishing as I go.In some cases if you wade a stream between two bridges,you may actually tread forth on multiple folks properties in the process.I'm not going to hunt down all of them to gain written permission,especially not at daybreak.If they are adamant enough to persecute me,or anyone else for traversing through the water enjoying a bit of fishing,then I'm pretty sure they're the type that would take the time to erect signs telling me to stay out.Again,I'm fully aware that it's illegal to wade a stream on private property,they do own both sides of the bank,and the bottom of the stream,I get that.If I returned after a few hours to my truck and the law was sitting there waiting on me,I wouldn't act all innocent,or whine about it,I would simply state the truth,I've fished here for years without a problem and I just assumed that it wasn't a big deal,if I get cited,it's my own fault,and I wouldn't fish there again.Hopefully this explains my feeling on the subject.I don't cross over fences(most likely damaging them),I don't litter,actually I carry a small bag and pick up a lot of the junk I see,I C&R every fish,if anything I leave the place better off than before I came there.If all that is enough to make a LEO drive out to where I'm at and write me up,then I'll admit I'm in the wrong and accept whatever penalty is handed out to me.There you go.


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## Harbor Hunter (Aug 19, 2007)

Mushijobah said:


> It sounds like he's saying he fishes by his own code and is willing to accept any results. I think every angler in Ohio has trespassed in one way or another over the years. If you are not blatantly doing so or whining and and crying if you get caught, I can respect that. It's not the end of the world. I think nearly every person in Ohio that goes outside has technically trespassed. You get caught when you trespass on a location where you should know not to go. If it's posted, if a landowner comes running after you time after time, if there are little black helecopters following you. I will tell you that 99.9% of the time, the landowner makes a complaint to ODNR or Local LE before action is taken to charge someone with Hunt/Fish W/O permission.


 You sir are exactly right.I was golfing the other day,one of our foursome hit a ball that bounced maybe five feet over the fence onto private property.My partner stepped over the fence,picked up his ball then stepped back over the fence and dropped his ball down for his next shot.According to some,this was in gross negligence of the trespass laws.He willfully accessed private land to acquire his ball,what is this world coming to?


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## Harbor Hunter (Aug 19, 2007)

Toolman have you ever canoed down a stream? Many streams have access on public waters,but sections do go through private lands.If you touch the bottom with your paddle,or the bottom of your canoe,or kayak scrape the bottom,technically that's trespassing.Much of Lake Erie's shoreline is privately owned,but yet many guys touch the bottom in these areas with their trolling motors,or have their boat brush against a dock,in both cases that's trespassing.I was out mowing my front yard the other day and some lady pulled into my driveway to ask for directions where the Tough Mudder was being held,guess what-she was blatantly trespassing on my property.It is a law and it's up to every individual to consider the possibilities of what can happen if they break it.Me? Wading up some little smallmouth creek early some summer morning is a chance I'm willing to take.


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## acklac7 (May 31, 2004)

BuckeyeZac said:


> Ah ha! Found it!
> 
> Definition of wild animals.
> (X) "Wild animals" includes mollusks, crustaceans, aquatic insects, *fish*, reptiles, amphibians, wild birds, wild quadrupeds, and all other wild mammals, but does not include domestic deer.
> ...


Bologna I tell you, BALONEY!


J/K, your're probably right, although I can almost promise you "fish" was added to the _Definition of Wild Animals_ at a later date. The initial law was obviously drafted for HUNTERS! And yes im going to take it to court if I ever get charged....


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## M.Magis (Apr 5, 2004)

How about, just don't trespass?


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## acklac7 (May 31, 2004)

M.Magis said:


> How about, just don't trespass?


It's not always that easy, especially when wading streams...


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## Toolman (Jun 8, 2004)

Harbor Hunter said:


> Toolman have you ever canoed down a stream? Many streams have access on public waters,but sections do go through private lands.If you touch the bottom with your paddle,or the bottom of your canoe,or kayak scrape the bottom,technically that's trespassing.Much of Lake Erie's shoreline is privately owned,but yet many guys touch the bottom in these areas with their trolling motors,or have their boat brush against a dock,in both cases that's trespassing.I was out mowing my front yard the other day and some lady pulled into my driveway to ask for directions where the Tough Mudder was being held,guess what-she was blatantly trespassing on my property.It is a law and it's up to every individual to consider the possibilities of what can happen if they break it.Me? Wading up some little smallmouth creek early some summer morning is a chance I'm willing to take.


Yes I have and I also wade streams near where I live. Its not difficult to take the time and ask the landowner(s) for permission. Seems like a better option than blatently ignoring the law. JMO.

Tim


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## Shad Rap (Nov 10, 2010)

Harbor Hunter said:


> Some streams that flow through private land are posted,others are not.I feel that landowners that don't post any signs at likely access points aren't going to make too big of a fuss if I go wading up the stream.If they do,then I will accept full responsibility of my actions.I have been wading streams all over Ohio for 45 years or longer,I have yet to ask permission at any of them,and I have yet to have a confrontation with a landowner.Obviously I don't park my truck at a bridge crossing that's posted,that's a pretty strong signal that the owner doesn't want me wading the creek.If I don't see any signs,then I roll the dice and go fishing.There's been many times where I have run across the landowner somewhere along the stream,and (so far anyway)he'll just ask if I'm having any luck,or some other form of small talk.Am I aware of trespass laws,yes I am.I'm also aware that the vast majority of landowners that have fair size streams running through their property would certainly post the area if they didn't want me to fish the stream.Yes I know that they don't have to,but most would if they didn't want anybody on the stream.Just look at it this way,if you owned land along say a quarter to a half mile stretch of the Kokosing River and you didn't want anybody wading up through there-wouldn't you post it? Again,I realize that you wouldn't have to,but still,wouldn't you post it?


My thoughts exactly...thank you...I've posted property where I hunt for the landowner and haven't seen a hunter on his property since...post it...and I was seeing plenty of hunters beforehand...unfortunately you dont see driveways, cut lawns, fences or signs for that matter out in the middle of the hollow...just sayin.


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## BassBlaster (Jun 8, 2006)

It is that easy, buy a kayak.

I was once fishing a small stream near a bridge and someone called the sherriff. He checked me out and said I was fine where I was but I wanted to fish a little further up the stream. He told me I couldnt go beyond the fence, which I hadnt, unless I was on a boat. I bought a little plastic boat and fished that place to death and no one ever said a word. Kinda wish I still had that little boat now that I mention it, I bet the crappie are fired up in that stream!!


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## Harbor Hunter (Aug 19, 2007)

Toolman said:


> Yes I have and I also wade streams near where I live. Its not difficult to take the time and ask the landowner(s) for permission. Seems like a better option than blatently ignoring the law. JMO.
> 
> Tim


 Apples and oranges sir,if you do 56mph on a posted 55mph highway guess what-you're blatantly disregarding the law then aren't you? But,I'm sure you would never do that.


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## tadluvadd (Feb 19, 2012)

is all this really that difficult?all one has to do is read the regs the law is clearly stated there.and look at free twp maps to figure out who to get written permission from if they want to go beyond public ground.


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## StumpHawg (May 17, 2011)

Mushijobah said:


> One does not simply just "pull up some caselaw" lol. Also Crim Trespass is a completely different charge, in a completely different chapter of ORC. If you're curious, I suggest you call up your local WO and have him explain it to you. You could talk to his supervisor too if you're unsure of his answer.
> 
> If you know FishinTechnician's name, or he's willing to provide it, you can look up the docket of how it all went down on the Delaware County Muni Court website.


Bingo!!! The Law is with the landowner who paid taxes and many other expenses with his or her land, like Lundy would you guys like someone in ur backyard using the grill


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## britton1989 (Feb 14, 2010)

I think this thread is way to long.. Lol

posted using Outdoor Hub Campfire


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## acklac7 (May 31, 2004)

britton1989 said:


> I think this thread is way to long.. Lol
> 
> posted using Outdoor Hub Campfire


Nah, A good "No Trespassing" thread usually runs at least 7 pages....


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## buckeyebowman (Feb 24, 2012)

Try this scenario on for size. I was bowhunting with my BIL on a large farm in southern Ohio for the first time. On arrival he introduces me to the landowner, we get our permission slips signed, and we head to the small cottage my BIL owns down the road. We go out and do some scouting, I pick a spot and leave my climber hanging on a tree for the next morning.

After an uneventful morning I decide to do a little more scouting/exploring. I was working my way toward the top of the ridge when suddenly there's an old guy hollering at me from above that I'm trespassing! I yelled back that I was sorry, that I hadn't realized I had crossed onto another property (having seen no signs, nor crossed any fence), and that I would leave immediately. He told me he was going to call the Sheriff and that I should stay right there until he arrived.

That's when I told him he could kiss my a$$! That once I knew I was on the wrong property, I would leave and get on the right property ASAP! Well, he hollered and ranted while I walked away. Besides, it was getting on toward lunch time and I was hungry! I told my BIL what had happened, and we kind of waited around to see what would develop.

Long story short, nothing ever did. Either the guy never called the Sheriff, or he did and the Sheriff figured "What the heck. The guy said he was sorry and left immediately. What do you want me to do about it? I got bigger fish to fry."


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## Nubes (Dec 3, 2012)

for the most part it should be common sense..I know with streams it can get a little tricky but as long as your in a kayak or canoe and not touching the bottom you should be fine in pretty much all waters in the US. If you hopping fences to catch fish your probably going to piss someone off


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