state Fish & wildlive code vs local city.

[longbowhunter2]

there ha been a lot of discussion about state fish & wildlife codes.

I have a story to tell, about 10 years ago I wish fishing off OB pier with my Son and his Now wife.
the pier is posted in plain sight only 1 fishing pole permitted.

I thought that odd because at that time the Fish and Game clearly stated 2 fishing poles allowed
on all piers. OK don't know what is say's now but that was back then.

so I was fishing away. and people are catching and keeping under size fish all a round me.
then here comes the San Diego Leo's with their cruiser on the pier.

One of the officers notices I was fishing with two poles. he gets out of the car, and he asks me, are you fishing with two poles.
I said yes, he starts to bring out his ticket book. then I am thinking here we go I am getting a fine.
I puled out the Fish & Game regulations, point to the code that specifies fishing off the pier. two poles are permitted.
I was polite, and respective the entire conversation.
He angrily tosses his ticket book back in the car ans said, pull said the other fishing pole up. I said OK no problem
and he scolded me and said don't let me catch you again with two poles.
I said respectfully yes officer.
and off they went.

Then after a day or two I emailed the Ca fish and Game.

Question: whats up with the OB pier only allowing 1 fishing pole when the Fish and Game codes clearly state 2 fishing poles are allowed.
and I emailed them a picture of the sign stating only 1 fishing pole permitted.

Answer: local city codes and laws over ride the sate laws if it is more restrictive.

I was of course floored.

The officer let me off the hook. because I explained the Fish & Game code.
I was lucky. he gave me a break. I did not know local city laws can override state laws.
Moral of that story, I guess, know the local and state laws.
Lets hear some discussion.

Ghost

 

[ilovesprig]

Lee,

I know this holds true because look at some of the ordinances in LA, Riverside, & Imperial counties....This is what spooks me about the pigeon thing as well.....Just not going to take the chance over a pigeon.

 

[longbowhunter2]

Lee,

I know this holds true because look at some of the ordinances in LA, Riverside, & Imperial counties....This is what spooks me about the pigeon thing as well.....Just not going to take the chance over a pigeon.

Steve
It's all good, just sharing my experience. What has happened in my pass.
Seriously we have to be careful out there.
One of my partners lost all of his gun rights. And it was not his fault.
I stuck out with him with archery. Since I did not feel right hunting with rifle.
It is very easy to lose our rights.

Ghost

 

[Gspman]

Let me share a quick history lesson. The line goes city laws county laws state then fed. It's set up this way so the small governments stay in control we are a republic after all. County's answer to city's. States answer to county's and the Feds answer to the individual indoor dent republic states. Or atleast that's how it's supposed to be. ???

 

[MJB]

My rule of thumb is which ever is more restrictive trumps all

 

[wackums back]

If there's a sign or otherwise posted legality then any Leo can enforce that code or municipal law. The whole pigeon thing is neither it is a MISINFORMING OF THE PUBLIC plain and simple. Just because some "commisioner" can't get his duty right to properly inform the public and produce a proper flyer don't think some Leo is going to enforce some bs rule set forth by an obviously uniformed person. In our sport how often does a county or city Leo enforce code. Very rarely in very special circumstances like the ob pier. City owned but the state code does not agree with the city signage. That cop didn't right that ticket because the letter of the law informs him that they should not write citations based on conflict of laws between local and state governments. Leo's don't want to be beat before a panel of peers and if they aren't sure of a win then they USUALLY won't cite. My take is that you can walk the thin white line as long as your not a jerk and are respectful toward the guys that we the people rely upon to enforce laws whether or not you agree with them. Don't act like a jerk and know you laws and you should be fine. I have years of daily interaction with Leo's both f&g and local police.
I was a deck hand for 10+ years on the local fleet and now run a side business as a nuisance wildlife operator under jurisdiction of my trapping credentials and depredation permits. I've walked a very thin white line and never been in trouble ever. I know the rules and interpret them to the best of my understanding. I do know one thing . Sit on a keyboard and slander or defamate Leo's for the job they do and you will be standing before the man one day. All Leo's have the choice to or not to write citations. Most are written because people are jerk and know it all and that just don't fly well with men in uniform. Obviously this pot will continue to be stirred until someone bows out so here it is. I don't know any thing. I make things up. For all the know it alls go take a trapping license test let me know how it goes. 890 pages of legalese written from Sacramento to make people fail because of double redundancies in the verbage of the law. The law is open for interpretation. Obviously there's a problem with the iv flyer produced. Hey Mr sprig The way I see it your the one who should bee contacting your fellow commisioner in the valley for a verbage change. But hey I'm not the one with a title to uphold. Until our local sportsman representatives want to represent us as a whole and not only to better THEIR oppertunities we will cotinue to fall as a whole. Call out my friends I'll call you out right back period end of story.

 

[longbowhunter2]

Hey Wackum

believe me we all want to follow the law. that's why we have these discussions to keep us out of trouble.
any input from any body is greatly appreciated. sometime we get carried away. but really they the (Leo's ) have a job to do.
but we as citizens have a job to do to. stay informed. That's all Steve is doing. He kept me from getting a ticket this year at the wildlife
area. if I had showed up with ammo with lead. the way I see it we all on the same team here.

check this out and tell what you think of this.
http://www.co.imperial.ca.us/announcements/PDFs/HuntingReg2015-16.PDF

it specifically says it's prohibited from hunting rock doves.
published by the Imperial County.

that's what get Hunters in trouble with the Law. as well with the Game wardens.
the reason I posted this story. is I am a rock solid citizen, never got in trouble. yet since I am not a lawyer.
these conflicting laws get us in trouble. It's the law makers who cause this. The Leo's have to enforce the laws.
here's the problem, my constitutional rights are being violated by these laws. It is clearly written the Fish & Wildlife a Game Warden has the right to search your vehicle, and a citizen mush give no resistance, and cooperate with any peace officer.
This clearly violates the US constitution 4 th amendment. but that's an other discussion for an other day.
read the above link and tell me what you think

Respectfully
Ghost

 

[longbowhunter2]

this where I found it

http://www.co.imperial.ca.us/index.asp

Ghost

 

[wackums back]

Correct and produced by the imperial valley commision. Not dfw. They don't regulate pigeons period. Call a warden and ask. Let me know the answer you get.

 

[wackums back]

Then who's going to make changes. We have commisioners for reasons like allocating funds for fines that were received from fish and game violations. I'd like to know where the money from THAT buck went. I bet well never know. I don't even hunt the refuge because all the rules. Rules that were developed because people like to push the limits and others complain so they make new rules.

 

[longbowhunter2]

Correct and produced by the imperial valley commision. Not dfw. They don't regulate pigeons period. Call a warden and ask. Let me know the answer you get.

agreed but this is a county rule, not state. that's the way I see it. who enforces this rule, good question.
but it clearly states it is prohibited to hunt Rock Pigeons.

Respectfully
Ghost

 

[longbowhunter2]

I would say that the law enforcement of imperial county would be the local sheriffs. my best guess.
or any peace officer with jurisdiction.

Ghost

 

[longbowhunter2]

also wanted to say on your behalf, if this is a mis print I would want it removed.
but until then I would proceed with caution. I will email imperial county and try to get clarification.
for my own info. and will advise.

Ghost

 

[wackums back]

Call a warden and ask them. Then let me know your answer then. Also go download f&g document 1389 and read through it. It the trapping study packet. Covers all f&g cod and regulations. Here's how this works. They don't tell us what we can't do. They tell us what we CAN do.

 

[Aeon]

I called the warden and they said and I quote

"Sí se puede disparar palomas de roca mientras su pene es más de 7 pulgadas"

I think it's because I'm in mexico at the moment.

 

[ilovesprig]

Called a former Imperial Co. commissioner (Bailey)......He stated yes they (the commission) in fact produce the regulation sheet, but it is approved by DFW law enforcement prior to printing.....That tells me that for the last 2 years, DFW law enforcement has not told them to take it off.....Warden Green did tell me it was a misprint......A misprint for the last 2 seasons?

 

[wackums back]

So like I stated a misprint. Shoot all the sky rats you want . Dfw does not manage them.

 

[longbowhunter2]

So like I stated a misprint. Shoot all the sky rats you want . Dfw does not manage them.

Yep mis print, no county law. Called IV today. and talked to the warden. I would say that flyer was very messed up.
Ghost

 

[ilovesprig]

OK, here's another one..... ;D

I talked to 2 old guys that said they were checked down by Heber. They had no problem, but the guys by them were given citations for being within 50 YARDS of a named/county road (and it was dirt). Lt. Joe Branna told me of this years ago. I also know that it used to be rarely, if ever enforced.....I mean I can only name about a 1000 spots in the IV, where people shoot within 50 yds of a named dirt road.....I probably did yesterday..... :

San Diego Co. and per DFW code, you can't shoot FROM or OVER a road (DFW code 3004). No mention of distance from the road itself.....I know Riverside Co. ordinance states 300 yds except for shotguns.....Talk about confusing..... :-[

Here's the Imperial Co. Ordinance.....

11.08.010 Discharge of firearms within fifty yards of any public highway.

It is unlawful for any person, other than a peace officer acting in official line of duty, to shoot, fire or discharge or for any person, firm or corporation to cause or permit any rifle, shotgun, pistol, revolver, or firearm to be shot, fired or discharged upon, along, across or within fifty (50) yards of any state maintained highway or county paved or unpaved maintained highway except when necessary to do so in protection of life or property. (Prior code � 51400)

 

[wackums back]

The 5o yard rule was a question on my hunters safety way back in 92. It's stated in the cc&r if I'm correct. When I get home I'll verify to be positive though.