Grass Fire

[Common Sense Al]

..then it needs to incorporate as a city, provide law enforcement and other public services including a taxing authority.

No, we don't need all that complexity & expense, at least not yet. The HOA is the best solution given the circumstances. It will be enforced to the degree the law & HOA allows for.

[JKTex]

..then it needs to incorporate as a city, provide law enforcement and other public services including a taxing authority.

No, we don't need all that complexity & expense, at least not yet. The HOA is the best solution given the circumstances. It will be enforced to the degree the law & HOA allows for.

That's my point, enforced how? The law can't enforce it. So how does the HOA enforce it? Gomer chasing after Barney hollering "citizens arrest, citizens arrest" comes to mind, but Gomer had the law on his side. Andy could lock Barney up!

It's like most laws that are passed, the law exists, but there's no way to enforce them or LE doesn't have the resources or ability to do so or at best, they're very hard to enforce. Think texting in school zones. How many people actually get caught and of the ones that do, how many didn't get caught because they were blatant and obvious (holding the phone up in the air precisely as they reached close range sight of an LEO). Or better yet, how may get away with it easily because they keep the device low enough that LEO can't actually see it.

[Common Sense Al]

That's my point, enforced how?

There are people who won't do it because it will now be an 'official' ban.

Those who do it anyway can get warning letters... and can be fined if the problem isn't corrected (if they do it again within 6 months).

Like I said though, it may not have that much 'teeth', but it's the best option there is right now, given the circumstances.

And please don't say that just because a few persons will still disregard it means that we shouldn't have a ban at all... heck, let's get rid of the law against murder then, because people still murder people and the law doesn't stop them, right? Might as well get rid of all laws then.

[Uther]

I've never read worse reasoning that I've just read here. Think about it and then consider if your reasoning is valid.

[FreecitizenFM]

Wow! A Letter...With the six month repeat/reset provision, a Latana resident can almost burn down his neighbors houses for New Years and have a clean slate to almost burn them down again for July 4th.

JKtex: The Gomer/Barney Fife analogy hits it on the head..although Goober could be in on this one..

Perhaps annexation by copper Canyon would be best..Word is the madam mayor doesn't take prisoners.

[Common Sense Al]

Wow! A Letter...With the six month repeat/reset provision, a Latana resident can almost burn down his neighbors houses for New Years and have a clean slate to almost burn them down again for July 4th.

Well, keyword is "almost"... if one does actually burn someone's house down, they'll probably have to deal with a citation and civil lawsuit from the person or people whose house/homes burnt down or whose property was destroyed... in addition to the letter, so the letter would be the least of their "worries".

But yeah, until they fix the law, that's about all the HOA will probably be able to do - send a letter... but it will be nice having an official policy against it. It's too bad it's come to this, but you can never count on everyone having common sense & being responsible.

[FreecitizenFM]

It's your time to waste..HOA's have baby teeth at best. I would venture that there are some recurring stationary violations that they never seem to get resolved.

Hopefully Lantana has lots of security cams to provide proof..otherwise it's one resident's word against another's- and you certainly wouldn't want your Lantana Citizen's brigade members approaching the hoodlums. Someone would likely get slapped around.

So what happens is a non Latana-ite comes into the community and set fireworks?

[Common Sense Al]

So what happens is a non Latana-ite comes into the community and set fireworks?

I would hope that the Sheriff's department would at least be able to do something about someone shooting off or using fireworks on someone else's property... perhaps something related to trespassing.

[JKTex]

That's my point, enforced how?

There are people who won't do it because it will now be an 'official' ban.

Those who do it anyway can get warning letters... and can be fined if the problem isn't corrected (if they do it again within 6 months).

Like I said though, it may not have that much 'teeth', but it's the best option there is right now, given the circumstances.

And please don't say that just because a few persons will still disregard it means that we shouldn't have a ban at all... heck, let's get rid of the law against murder then, because people still murder people and the law doesn't stop them, right? Might as well get rid of all laws then.

We had the ultimate law prohibiting murder a long time before we started making up all the laws we have on our other/newer books don't we?

[admin]

If Lantana residents adhered to the existing county laws pertaining to fireworks, we wouldn't have had so much trouble this past New Years Eve.

By prohibiting fireworks in Lantana with the threat of a fine and hiring off-duty sheriff's deputies to educate residents and enforce laws on the books, I think it will go a long way to help improve the situation.

[Brian]

..then it needs to incorporate as a city, provide law enforcement and other public services including a taxing authority.

No, we don't need all that complexity & expense, at least not yet. The HOA is the best solution given the circumstances. It will be enforced to the degree the law & HOA allows for.

Agreed again. A first step at a very minimum is to create the HOA rule and then work on enforcing down the road. I am no lawyer but I imagine a potential lawsuit could happen if someones house burns down and the homeowner sues HOA or Lantana for negligence for not even attempting to protect ones house. Or I envision a civil suit from the home owner to the person that shot off the fireworks and using the HOA law as a basis to recoup ones losses. Again, not a lawyer so not sure all the potential litigious options.

[love Lantana]

If Lantana residents adhered to the existing county laws pertaining to fireworks, we wouldn't have had so much trouble this past New Years Eve.

By prohibiting fireworks in Lantana with the threat of a fine and hiring off-duty sheriff's deputies to educate residents and enforce laws on the books, I think it will go a long way to help improve the situation.

I dont understand, when a law enforcement officer sees fireworks in progress and says he can't do anything, then what else could we possibly do? if he can't do anything that lends me to believe current there are no laws

[admin]

If Lantana residents adhered to the existing county laws pertaining to fireworks, we wouldn't have had so much trouble this past New Years Eve.

By prohibiting fireworks in Lantana with the threat of a fine and hiring off-duty sheriff's deputies to educate residents and enforce laws on the books, I think it will go a long way to help improve the situation.

I don't understand, when a law enforcement officer sees fireworks in progress and says he can't do anything, then what else could we possibly do? if he can't do anything that lends me to believe current there are no laws

Maybe the deputy in question was not well versed on the current laws regarding fireworks in the county: http://dentoncounty.com/dept/main.asp?Dept=71&Link=95

[JKTex]

..then it needs to incorporate as a city, provide law enforcement and other public services including a taxing authority.

No, we don't need all that complexity & expense, at least not yet. The HOA is the best solution given the circumstances. It will be enforced to the degree the law & HOA allows for.

Agreed again. A first step at a very minimum is to create the HOA rule and then work on enforcing down the road. I am no lawyer but I imagine a potential lawsuit could happen if someones house burns down and the homeowner sues HOA or Lantana for negligence for not even attempting to protect ones house. Or I envision a civil suit from the home owner to the person that shot off the fireworks and using the HOA law as a basis to recoup ones losses. Again, not a lawyer so not sure all the potential litigious options.

If there was cause for a lawsuit, the HOA has no liability and no HOA regulation could be basis for it, especially when in that case, a law was already broken. They can't sue the County either, just like I can't sue the State of Texas because a drunk driver broke a state law that lead to a destroyed vehicle and/or injuries or death.

I think the HOA making sure the current laws/regulations are communicated should be all they'd need to do. Otherwise, an HOA regulation needs an enforcement method which may lead to liability exposure.

But I'm no lawyer either.