Huntingburg City Ordinance

[SteveM4A1]

So I was in Huntingburg this morning and decided to drive by the city lake where I used to fish quite a bit. When I get there, I see this sign:

So, obviously 5.08.150 sticks out to me. Could be an old sign, so I figure I will see if I can find the city ordinances online, which I did here:

http://library.amlegal.com/nxt/gateway.dll/Indiana/huntburg/titleixgeneralregulations/chapter93parksandrecreation?f=templates$fn=default.htm$3.0$vid=amlegal:huntingburg_in$anc=JD_93.29


Notice they are different. I would obviously assume that the verbiage on the sign would be preempted by Ind. Code 35-47-11.1-2, but what about the actual city ordinance?

"except law enforcement officers or persons authorized by an appropriate law enforcement agency"

Does that exempt LTCH holders from this ordinance? What about individuals carrying long guns, since there is no approval needed for that right in this state?

I realize they can keep the ordinance on the books, not enforce it, and be perfectly within the law (no matter how much I disagree with it). Am I right in assuming the ordinance, regarding carry, are unenforceable?

Note: The lake is a DNR property, but I don't believe the DNR has put restrictions on carry on their properties.

 

[Kurr]

I would think it to be a paycheck for you if they do.

 

[level0]

Agree on the paycheck.

 

[AndersonIN]

The city of Anderson has a very similar sign that I called them about. They said "Oh we know the law and we're not going to stop you for carrying. But we're not going to change the sign it would be too expensive!" So in other words we'll lie to the people that don't know the law and won't say anything to those that do.

 

[K_W]

I will agree signs are expensive, but it looks like its made with stickers or just vinyl. They can just peel it off or put a sticker over it.

 

[eldirector]

IMHO:
The ordinances violate IC, as does the sign (it is attempting to enforce an illegal ordinance).

The city does own that property (broken into several parcels). The DNR (State) certainly does not, and would not have this policy (or cite these ordinances) if they did. It is also NOT an ACoE impoundment, so their rules do not apply.

Unfortunately, Indiana courts don't seem to count ordinances or signs as "enforcement" of said ordinance. Strange that a city can outright lie to its citizens.

A friendly letter might do the trick. In the meantime, carry away.

 

[IndyDave1776]

The city of Anderson has a very similar sign that I called them about. They said "Oh we know the law and we're not going to stop you for carrying. But we're not going to change the sign it would be too expensive!" So in other words we'll lie to the people that don't know the law and won't say anything to those that do.

Sounds like fraud to me, keeping posted an ordinance that is not legal.

 

[SteveM4A1]

I think a fishing trip while OCing is going to be the ticket

 

[voidsherpa]

Sounds like fraud to me, keeping posted an ordinance that is not legal.

Would it be considered vandalism to go put a sticker/tape over the offending line?

 

[level0]

Would it be considered vandalism to go put a sticker/tape over the offending line?

Probably! Please don't try it and find out.

 

[SEIndSAM]

Seems like it wouldn't be that hard to get some white letters at the hardware store and add "-Repealed." Then they wouldn't need a whole new sign.

 

[voidsherpa]

Probably! Please don't try it and find out.

If only I was farther south.