Fines for fishing off of Oshawa pier

[lew]

1 hour ago, dave524 said:

This thread's topic is a bit misleading,  the fact that they were fishing is totally irrelevant  to the charge, they could have just as easily been bird watchers looking at waterfowl and the charges would have still been laid.

I realize that Dave, I was just throwing my little tale into the mix as some were discussing how dangerous the piers could be sometimes if folks weren't paying attention.

[ch312]

On 2/7/2018 at 3:15 PM, Garnet said:

Nobody wants or expects salt or work crews.

This is the cancer from Port Hope, Cobourg and Bridgenorth.

The guys fishing there should get to a town council. Oshawa has a 4 ft railing .

There's dozens of places just as dangerous people use every day.  

 

Municipal property is to be maintained by the municipality OR homeowners who're required to maintain municipal property in front of their homes (sidewalk). If the pier is left open, the municipality is legally required to maintain the pier all winter. Close it off with proper signage and they're no longer on the hook.

This is why you see so many public areas closed off during the winter. Trails, stairs or sidewalks connecting two walkways and piers are common examples of areas that are closed off during winter months because winter maintenance is not practical or is too expensive.  

 

 

[Garnet]

Anglers don't want salt they don't want shovel walk ways.

They want areas to fish. 

[lew]

25 minutes ago, ch312 said:

 Close it off with proper signage and they're no longer on the hook.

 

 

 

I live on a private  road and although it's open to anyone there's a large sign as you approach the road saying it's "private and not maintained by the township" and as you say, that should absolve them of any responsibility if someone slides on the ice or anything else and crashes.

[ch312]

13 minutes ago, Garnet said:

Anglers don't want salt they don't want shovel walk ways.

They want areas to fish. 

Seeing as property owners would never accept the idea of their property taxes being increased in order to pay for the maintenance and lawsuits on said piers, I suppose the only options are finding a private contractor who's willing to accept all liability and maintain the pier for free or charge admission fees to recover the associated costs. I doubt either will happen.

 

4 minutes ago, lew said:

I live on a private  road and although it's open to anyone there's a large sign as you approach the road saying it's "private and not maintained by the township" and as you say, that should absolve them of any responsibility if someone slides on the ice or anything else and crashes.

Correct, you'd be unsuccessful in filing a lawsuit against the county for failure to maintain said road if there is in injury. We have those signs around here too on the small single lane gravel roads that I believe are fire access roads. Another example of a municipality posting signage at a location that is not practical or cost effective to maintain. 

I imagine you and your neighbors property taxes would increase substantially if the township was required to maintain the road and provide snow clearing/salting. 

[Sinker]

Its crap. People have been fishing there for generations. I'm one of them, and my father too. Why now, all of a sudden is it close off? There was one sign that said do not enter, and they were charged with nuisance? Thats such a joke. This world is going to pot. We are all doomed, I swear. I hope they take it to court and it gets thrown out, and these guys get reimbursed for their time away from home and work (yeah...right,...like thats going to happen) 

Back in the day, I would fish all these piers, along with hundreds of others. If someone fell in, we all helped get them out. No lawsuits, or blame....its a risk we take to catch fish. Just like ice fishing.  Nobody ever drowned. 

So if I fall through the ice on a lake, can I sue the town for that too? Come on. Flippin lawyers and insurance are running the country. Ya can't even fish any more. What a mess we are in. I fear for all the B...S...  my kids are going to have to deal with. 

 

S. 

[Garnet]

This smells like the work of Anti's.

If I was going to town council or court I would be running the names against all anti web sites.

[Sinker]

I think it may have something to do with the body parts that were discovered down there. I think its been fenced off since then. Regardless, the guys who got charged should have got a warning the first time, not a fine. 

 

S. 

[Garnet]

So if no fisherman are there nobody will catch the body parts?

And we will let  a murder continue!

[esoxansteel]

On 2/9/2018 at 12:38 PM, lew said:

I live on a private  road and although it's open to anyone there's a large sign as you approach the road saying it's "private and not maintained by the township" and as you say, that should absolve them of any responsibility if someone slides on the ice or anything else and crashes.

Make sure you keep the deer and turkey yard free of ice Lew, dont want anyone getting hurt

[Old Ironmaker]

On ‎2018‎-‎02‎-‎07 at 9:08 AM, Jmeyer said:

I don't know how a municipal bi law can be enforced on Fed territory agreement or not. I would fight it too, sounds like a money grab designed to keep the cost of having bi law officers revenue neutral. It all boils down to my least favourite word "liability", I miss the days when a use at own risk sign was good enough. 

They have tried. About 17 years ago the town of Port Dover posted "no fishing" on the popular pier with the blessing of the Feds. Liability issues was the reason. I personally asked Town Council how can a town have liability for property they aren't responsible for? That they couldn't answer. They gave some mumbo jumbo about them having responsibility for maintenance and cleaning of which the Feds paid for.  I then asked it must then be closed to those feeding the Ducks or taking in the view, more politico diarrhea. After public outcry from both perch fisherpersons as well as businesspersons the signs were taken down. If you want to fish there, fish and get arrested. It will be thrown out or never brought to court by The Crown Attorney.

[Old Ironmaker]

On ‎2018‎-‎02‎-‎09 at 12:38 PM, lew said:

I live on a private  road and although it's open to anyone there's a large sign as you approach the road saying it's "private and not maintained by the township" and as you say, that should absolve them of any responsibility if someone slides on the ice or anything else and crashes.

We live on a "Private" laneway too Lew. The sign used to say "Private roadway use at your own risk."

A lady who doesn't live here fell walking her dog and broke her leg. 1st she tried to sue the County, not our property they told her. Next she tried to sue the home owners association, we don't have one. Then she finally sued the cottage owner where she fell. His insurance company settled for a quick small claims $10,000.00. So go figure. Today warning signs aren't worth the tin they are made of. We were told we had to have "NO TRESPASSING" signs at every entrance. And enforce it or that sign means nothing.  

An old joke. An Italian Lawyer attends a legal conference in NYC. He goes back home and when asked what he saw he says, " When I was there 3 different people fell down in front of the hotel we were staying and each one sued for 3 million American dollars." He was asked are you moving to the US to practice personal liability law?" He said "Hell no I'm going to move there and fall down in front of that hotel!" Sounds funnier in Italian, but rings true.

Edited February 14, 2018 by Old Ironmaker

[moxie]

I believe as stated that its purely a liability issue. If you remember the story of the school teacher in Whitby that went for a jog and never returned until he was found lakeside. The most likely scenario was that he made his way out to the pier and probably slipped and ended up in the water.. Silly legislaters think they can eliminate the "crap Happens" component which is a part of everyday life i guess instead of making sure my garbage is picked up on time and the water and lights stay on.

[jimmer]

Argh! Another one of these. Who the heck knows anymore.