New signage at Montgomery County Bark Park

A sub-forum for the purpose of discussing ORC 9.68 compliance. This sub-forum is strictly for the discussion of progress in individual cities and their respective parks.

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This sub-forum is strictly for the purpose of submitting of, and status updates related to, ORC 9.68 compliance. This could mean park bans, open carry bans, or anything that is a compliance issue. Note the format in which original threads were created. We'll track each individual case here and post updates if assistance is needed, etc. You may start a new thread here to notify us of a non-compliant scenario. Please try to research contact information for each city, village, etc, Email, fax, and postal addresses are great. Digital photos of infractions (Signs) are ideal. With limited exceptions this is NOT a discussion forum.

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macmak
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New signage at Montgomery County Bark Park

Post by macmak »

The signs have gone up in the last week. This park has no buildings other than two shelters. The signs reference Ohio Revised Code 2923.126. I can not find anything in 2923.126 that warrants these signs. Am I missing something? Here are pics of sign and of the shelters at park.

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MyWifeSaidYes
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Re: New signage at Montgomery County Bark Park

Post by MyWifeSaidYes »

Well, IANAL, but I think the signage needs to come down.

On it's face, the sign is perfectly correct, it just does not apply to the park or it's shelters.

It looks official and would easily be interpreted as a local ban on guns. That would definitely be a violation of ORC 9.68.

I sent the county prosecutor's office an email:

-----

To whom it may concern-

It has come to my attention that the Montgomery County Bark Park, located at 6794 Webster Street, has signs posted that are not in compliance with Ohio Revised Code 9.68

I’m sure that this is an oversight on the part of the county.

Neither the park, nor it’s shelters, are protected places under 2923.126.

ORC 9.68 allows for costs and attorney fees in a lawsuit under that statute.

Please remove the signs to ensure compliance with ORC 9.68.

Thanks!

-"MWSY"

-----
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Re: New signage at Montgomery County Bark Park

Post by gmhiggins »

In fact, with your description, (assuming the park is indeed county owned and not privately owned), they can't even post the buildings that ARE there (the shelters).

(9) Any building that is a government facility of this state or a political subdivision of this state and that is not a building that is used primarily as a shelter, restroom, parking facility for motor vehicles, or rest facility and is not a courthouse or other building or structure in which a courtroom is located that is subject to division (B)(3) of this section;

The sign looks rather "official" and an email to Sheriff Plummer may even be in order. Clearly 9.68 is not understood in Montgomery County.
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Re: New signage at Montgomery County Bark Park

Post by Cruiser »

More of our money misspent. Those signs look expensive.
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Re: New signage at Montgomery County Bark Park

Post by Brian D. »

Cruiser wrote:More of our money misspent. Those signs look expensive.

Ah don't worry Cruise, (can I call you Cruise after all these years? :mrgreen: ) the MontCoSO will just throw a few more patrol vehicles out on I-75 looking for vehicles with "hidden compartments" to pay for their mistake.
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Re: New signage at Montgomery County Bark Park

Post by jburtonpdx »

Brian D. wrote:
Cruiser wrote:More of our money misspent. Those signs look expensive.

Ah don't worry Cruise, (can I call you Cruise after all these years? :mrgreen: ) the MontCoSO will just throw a few more patrol vehicles out on I-75 looking for vehicles with "hidden compartments" to pay for their mistake.
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Re: New signage at Montgomery County Bark Park

Post by BobK »

Does the Board of Education own that property or the County?
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Re: New signage at Montgomery County Bark Park

Post by Cruiser »

Brian D. wrote:
Cruiser wrote:More of our money misspent. Those signs look expensive.

Ah don't worry Cruise, (can I call you Cruise after all these years? :mrgreen: ) the MontCoSO will just throw a few more patrol vehicles out on I-75 looking for vehicles with "hidden compartments" to pay for their mistake.
As long as you stay in SW Ohio! :) :wink:
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Re: New signage at Montgomery County Bark Park

Post by Cruiser »

It is a freaking dog park! :shock:
http://www.mcohio.org/services/arc/bark_park.html" onclick="window.open(this.href);return false;
It does not appear to have anything to do with any school, why it is mentioned on the sign?
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Re: New signage at Montgomery County Bark Park

Post by Werz »

Cruiser wrote:It is a freaking dog park! :shock:
http://www.mcohio.org/services/arc/bark_park.html" onclick="window.open(this.href);return false;
It does not appear to have anything to do with any school, why it is mentioned on the sign?
Because it looks official. How many people do you think will actually look up the code section?
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Re: New signage at Montgomery County Bark Park

Post by MyWifeSaidYes »

This one went to the county prosecutor's office on Monday morning :
To whom it may concern-

It has come to my attention that the Montgomery County Bark Park, located at 6794 Webster Street, has signs posted that are not in compliance with Ohio Revised Code 9.68

I’m sure that this is an oversight on the part of the county.

Neither the park, nor it’s shelters, are protected places under 2923.126.

ORC 9.68 allows for costs and attorney fees in a lawsuit under that statute.

Please remove the signs to ensure compliance with ORC 9.68.

Thanks!

-"MWSY"
And this one went to the Bark Park email address this morning:
To whom it may concern-

Can you please advise me on the rules regarding firearms at the Bark Park and other parks maintained by Montgomery county?

I prefer to openly carry my handgun in a hip holster. I was advised by an acquaintance that firearms are not allowed at the Bark Park, whether openly carried or concealed. I guess there is a sign posted there.

Since this goes against state preemption (ORC 9.68), I was hoping you could confirm for me what the rules actually are.

Thanks!

-"MWSY"
And this arrived a little while ago:
The signs have been removed. Handguns may be carried in the Bark Park and in other Montgomery County parks in compliance with state and federal law.

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Re: New signage at Montgomery County Bark Park

Post by jabeatty »

MyWifeSaidYes wrote:The signs have been removed. Handguns may be carried in the Bark Park and in other Montgomery County parks in compliance with state and federal law.
Nicely done - very nicely done.
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Re: New signage at Montgomery County Bark Park

Post by medmandan »

Not to be a pessimist..but have they ACTUALLY been removed, or are they trying to placate via email and leave them up?
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Re: New signage at Montgomery County Bark Park

Post by gmhiggins »

medmandan wrote:Not to be a pessimist..but have they ACTUALLY been removed, or are they trying to placate via email and leave them up?
I'm going to guess they have been removed. There has been enough notices and case law established for these places to understand that they simply cannot make up their own rules. A year ago, it was a small number of people looking and contacting about situations like this.

Today, the signs don't get to stay up very long before they are contacted multiple times by knowledgeable individuals.
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Re: New signage at Montgomery County Bark Park

Post by pleasantguywhopacks »

Excellent!
http://www.youtube.com/watch?v=qOxXpNBdrVE" onclick="window.open(this.href);return false;
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