As luck would have it I encountered an Oconto county brush cutting crew this
morning and foreman told me they have a 40 foot cutting zone from center
line... this is blacktop county road not a town road. In any case if this is
public right-a-way... one is not trespassing when parked off road.
Tom Erdman
-----Original Message-----
From: wisbirdn-bounce@xxxxxxxxxxxxx [mailto:wisbirdn-bounce@xxxxxxxxxxxxx] On ;
Behalf Of Michael Rewey
Sent: Tuesday, March 01, 2016 7:26 AM
To: Wisbirdnet <wisbirdn@xxxxxxxxxxxxx>
Subject: [wisb] Re: Birding and the Law
The 26 feet from center is not true. Most town roads have 4 rod (66 feet)
right of way. That would be 33 from centerline. A very rare few town roads
are 3 rod (49.5 feet) right of way or
24.75 feet from centerline. A few county highways are still 4 rod, but any
improved county
highway generally has wider right of way. State highway right of way is almost
always greater. Exception might be an old dog road 3 number highway that has
never been improved.
Mike Rewey
Madison
On 1 Mar 2016 at 12:47, Richter Museum wrote:
From: Richter Museum <richter@xxxxxxxx>
To: Wisbirdnet <wisbirdn@xxxxxxxxxxxxx>, "rcd2@xxxxxxxxxx"
<rcd2@xxxxxxxxxx>
Subject: [wisb] Re: Birding and the Law
Date sent: Tue, 1 Mar 2016 12:47:34 +0000
Send reply to: richter@xxxxxxxx
[ Double-click this line for list subscription options ]
Bob and all, the state and county right of way is 26 feet from the center line
of a single lane
county or state road. That usually puts it across the ditch of the road way.
As a land owner
you can't plant anything in this right a way and often the county comes through
and cuts this area. You can see this this on your property surveys. I've been
in several disputes with my county when winter brush cutters over stepped this
distance and cut down plantings on my
property. :) There goes the Lilacs again!!
The ordinance seems a bit vague. What do they do during hunting and fishing
seasons when there be hundreds of vehicles parked in this manner? What do they
do when a rural family has a social event, or an auction and the roadway
ditches are filled on both sides of the road with attendees vehicles? I
suspect he was totally wrong on the second violation.
I've been visited by county police many times in the past birding, trapping
raptors for banding and doing surveys for wind farms. Never heard this
argument!! often they are just curious as to intent. Sometimes local land
owners report suspicious activity. If you are off the roadway
you have a good argument. I've been told by county and state police to just
be off the black
top with two wheels on gravel. I've never been visited by police in Manitowoc
county. Since
9 11, open carry, and everything else, people seem to have gotten a bit
paranoid!
Tom Erdman, Oconto
________________________________________
From: wisbirdn-bounce@xxxxxxxxxxxxx <wisbirdn-bounce@xxxxxxxxxxxxx> on behalf
of rcd2@xxxxxxxxxx <rcd2@xxxxxxxxxx>
Sent: Monday, February 29, 2016 6:07 PM
To: Wisbirdnet
Subject: [wisb] Birding and the Law
Until this morning I considered myself a kosher citizen. I do not smoke,
I do not drink (other than water and V-8), I do not swear, and I do not do most
things. But I do go birding and that, it seems, has made me all these past 50
years a habitual lawbreaker. And, as I explained to the deputy sheriff, I
intend to be a hardened criminal the rest of my natural life. I have no
remorse or sense of repentance for the wrongs I have committed "so you had
better lock me away in prison right now so as to prevent future crimes sprees.
And when he left, I did indeed continue in my criminal pursuit. But, as the
deputy sheriff kindly explained, he is there to enforce the law and to let
ordinary citizen (such as myself) understand the law and the consequences of
breaking those laws. He asked that I let other birders understand that they
are also engaged in unlawful activities and should understand what will happen
when they break the law. It is thus that I am sending this me ssage to other
birders.
I was birding the Collins Marsh area enjoying the experience of seeing
geese and ducks as each day new species were arriving. This morning I had my
first Hooded Mergansers, my first Killdeer, and first Common Grackles. I was
really getting into getting out of the house and enjoying birds. Suddenly the
sheriff´s car pulled up behind me with its lights flashing. It took him a few
minutes (perhaps to check out my past misdeeds) before approaching my car. I
was parked in my car and looking for birds through my window mounted spotting
scope. I must admit that I was parked not far from a curve in the road. The
shoulder was VERY wide an I was parked well off the road (completely on the
gravel and over a foot away for the edge of the pavement and some 4 feet away
from the oefog line with my two passenger side wheels on the grass. It seems
by doing this, I was breaking two laws. The deputy sheriff even printed off
the law for me so that I could fully comprehendth e crime I was committing.
It seems it is illegal to stop at the side of any road in Wisconsin.
This includes state highways, county roads, and town roads. If one does this
for any purpose other than for car problems, you are subject to a stiff fine.
It seems, according to this deputy sheriff, the law is especially strict in
Manitowoc County. He asked me to tell other birders to Google oeManitowoc
County Ordinances, then go to oePolice Ordinances and then see rule number
6.16 ~8TM. By reading this ordinance they will learn that they are in defiance
of the law and subject to a fine. Also by stopping so far off the road that my
tire was on the grass at the edge of the road, I was breaking a second law.
This law is that one cannot park on private property without the ownerTMs
consent. I commented that I thought the county or the township owned the first
few feet off the gravel edge of the road. But I was wrong.
According to this person of authority, the hi ghway has only a right of way on
this private property. And thus I am in violation of a second law.
I then told him that for about 20 years I worked on BBS routes, which
are 25 miles long and one needs to stop every half mile, get out of their car,
and take count of what birds are noticed in a 3 minutes period. Is this an
illegal activity? According to this deputy sheriff that is indeed a violation
of the law and if caught, such deviants are subject to big fines. It also
seems it might be illegal to park my car on private property (with the ownerTMs
permission) and then walk to the road to watch for birds. It would be ok if I
kept walking but, it I should happen to stop (for instance to use my spotting
scope to look at shorebirds from the gravel edge of the road) that is likely
illegal. Also, if I should step off the gravel edge of the road and stand on
the grass at the edge of the road, this would be illegal without the consent of
the property owner. oeThe sole purpose of a road is to convey traffic from one
location to another. Standing at the edge of the gr a vel part of the road
and scoping for shorebirds is an impediment to traffic and thus likely illegal.
Though he was not quite certain of this. He would need to look into other
ordinances.
It would also seem that it is illegal for me to take my long walks, even if I
did keep moving.
One of the reasons I moved to Manitowoc County was that I could park my car
along some rustic rural road and take a long county walk of 25 or 30 miles.
But if I should park on any road within Manitowoc County so as to take a walk,
I am subject to a fine for illegal parking.
Again, I am sending this at the request of the deputy sheriff who wants to
let all birders know of their lawless behavior and how they will be treated if
they should enter Manitowoc County. You have now had fair warning.
-- Bob Domagalski, from the not so friendly confines of Manitowoc County
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