Watch Yourselves If Fishing Around Carrollton

[adam7456]

I hope you are satisfied with your deal as it may have been your best route. Doing some quick searching, it is not required to post signs for criminal trespassing in Kentucky, but it is to the advantage of the land owner in civil cases when seeking damages for damaged property. Markings are never required for buildings and structures, so the locks could easily be considered a structure. I would think the "fishing without permission" IS the proper citation. It would be the same as entering a private farm pond and fishing without permission. Asking and gaining permission would be the proper alternative.

Here's where I am scratching my head. Conservation officers can enforce most laws and especially those related to land. WHY did he not write trespassing tickets to those who were there regardless of whether they were fishing or not?

I can understand the lock master not wanting people there. But that should go for those fishing or "not" just the same.

One more note: Whether they have to mark it or not, they SHOULD. It sends major mixed signals not having it marked then having the law just show up, especially when so many people seem to be doing it.

I was told the deal I got was the best that would happen without getting a lawyer to fight it. A lawyer would have have cost just as much as the tickets if not more so, so I just sucked it up and paid.

After going back and doing all the research I found the same information you did. Criminal trespass in the 3rd degree could have been issued instead of the fishing without permission. That would have applied to me and the others on the lock. Can't explain why the officer chose one over the other.

Like you said technically structures don't have to be posted and there are no regulations on what a sign should look like. So a faded and dirty painted sign on the ground is "good enough". I completely agree that if they are going to be pushing for tickets to be written they should have signs that clearly explain what can or can't be done there.


On a slightly different note, Tim Farmer did a skit at the opening of the most recent Kentucky Afield show. He was fishing a secret location and some other guy shows up and starts crowding him. Tim asked if he had permission to fish there and the guy said no he just saw Tim out there fishing and thought it would be ok. Now obviously they did have permission. It just stung a little to be smacked with a ticket from Fish and Wildlife and then see one of their employees making a joke about it like it was no big deal.