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Re: Your rights to fish and paddle on rivers explained concisely [Re: National Rivers] #9506012 11/23/13 09:49 AM
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The city of Dallas has an ordinance prohibiting wading in any public waterways such as lakes and creeks within the city limits. They grant special use to a few areas. I know this sounds crazy, but I learned of it from a police chief when looking into the prohibition of float-tube fishing on Whiterock lake. That is the ordinance they use to give you a ticket if they see you float-tubing on the lake....which is just ridiculous in my opinion.


Dave Morris



"No free man shall ever be debarred the use of arms. The strongest reason for the people to retain the right to keep and bear arms is, as a last resort, to protect themselves against tyranny in government." --Thomas Jefferson,
Re: Your rights to fish and paddle on rivers explained concisely [Re: thecatcherman] #9506896 11/23/13 06:29 PM
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Hi Ron, thanks for the heads up. We squeezed a lot onto 2 pages, which makes the type small. Sorry about that, we will work on something that has bigger type, but will need to be more simplified in order to fit on two pages. Or would you simply like the current version to have bigger text and be more like 4 pages long?

Also, the posters have bigger type and are easier to read. But you need to print on 8x14 or 11x17 paper. Are you able to print either of those sizes?

Let me know, and I can make a version of either that's easier to read.

Best,
Team NOR

Re: Your rights to fish and paddle on rivers explained concisely [Re: Duckcreek Davy] #9506901 11/23/13 06:33 PM
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Duckcreek Davy, Do you know why this ordinance is in place? Or someone you recommend for us to contact about it?

Re: Your rights to fish and paddle on rivers explained concisely [Re: National Rivers] #9507260 11/23/13 09:26 PM
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national, it would be because of the "walking" on the bottom, that negates being able to use the law. you have to stay on the water only for it to apply unless it is a portage or dam etc.


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Re: Your rights to fish and paddle on rivers explained concisely [Re: hopalong] #9508641 11/24/13 07:52 AM
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Possible solution: Put a little trolling motor on the float tube--you would then have to register the tube as a "water vessel"


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Re: Your rights to fish and paddle on rivers explained concisely [Re: National Rivers] #9508650 11/24/13 08:41 AM
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Originally Posted By: National Rivers
Duckcreek Davy, Do you know why this ordinance is in place? Or someone you recommend for us to contact about it?


From Dallas City code.

SEC. 31-1. SWIMMING IN CERTAIN WATER PROHIBITED.
(a) A person commits an offense if, with the intent to swim, bathe, wade, or go in the water, he enters the water of a river, stream, pond, or watercourse within the city, either natural or artificial, whether public or private.
(b) It is an exception to the application of this section if the body of water is a public, semi-public, or private swimming pool which meets the standards of the laws of the state and Chapter 43A of this code.
(c) It is a defense to prosecution under this section that:
(1) the person was engaged in the performance of his official duties as an officer or employee of the city;
(2) the person was engaged in a bona fide effort to rescue or recover a human being or property from the water;
(3) the person was engaged in dredging or other water improvement or construction work authorized by the city council or the park and recreation department; or
(4) the water was designated by official signs showing that wading or going into the water in the specific designated area is authorized by the rules and regulations of the park and recreation department of the city. (Ord. 14971)

I really have no idea why this all exist. My guess would be it was put in place to either (A) keep the "Riff-Raff" from finding relief from the summer heat at White Rock lake as they bothered the wealthy folks who were building houses on it's shores. Many years ago it was a major resort area of the city. or (B) keep the nimrods from going below it's spillway after a heavy rain with their nets to catch fish, an activity that seemed to cost a few lives every year or so. This was a popular activity a long time ago.

I'm sure the city will claim it to be a public safety issue. Big Brother knows what's best for us simpletons after all. I believe they have an ordinance against running while carrying scissors do they not?

Contact the police chief at the local Dallas substation at Audelia and E. Northwest Highway. I have discussed this with the councilman for that area "Sheffie Kadane." He was up for re-election a while back and I don't know if he won or not. He agreed that the law was wrong, but didn't pursue it beyond talking to the chief about it. I like the guy though, and feel like he could be an ally in this battle if he perceived he had some folks behind him.


Dave Morris



"No free man shall ever be debarred the use of arms. The strongest reason for the people to retain the right to keep and bear arms is, as a last resort, to protect themselves against tyranny in government." --Thomas Jefferson,
Re: Your rights to fish and paddle on rivers explained concisely [Re: hopalong] #9508651 11/24/13 09:00 AM
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Originally Posted By: hopalong
national, it would be because of the "walking" on the bottom, that negates being able to use the law. you have to stay on the water only for it to apply unless it is a portage or dam etc.


I get what you're saying hoppy, but float-tube fishing is absolutely NOT walking along the bottom. As you know "tubers" wear swim-fins for propulsion. Walking across the bottom while wearing them is not even an option. Regardless, it's our stinkin' shoreline, and lake. Why the heck can't we enjoy it as we so choose. I guarantee wade-fishing or float-tube fishing can in no way be as dangerous a hobby as haulin' butt on bicycles around the lake through the Dallas traffic like so many thousands of people do every day.......man....don't get me started. bang flame lizard


Dave Morris



"No free man shall ever be debarred the use of arms. The strongest reason for the people to retain the right to keep and bear arms is, as a last resort, to protect themselves against tyranny in government." --Thomas Jefferson,
Re: Your rights to fish and paddle on rivers explained concisely [Re: Duckcreek Davy] #9509903 11/24/13 09:14 PM
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Originally Posted By: Duckcreek Davy
Originally Posted By: hopalong
national, it would be because of the "walking" on the bottom, that negates being able to use the law. you have to stay on the water only for it to apply unless it is a portage or dam etc.


I get what you're saying hoppy, but float-tube fishing is absolutely NOT walking along the bottom. As you know "tubers" wear swim-fins for propulsion. Walking across the bottom while wearing them is not even an option. Regardless, it's our stinkin' shoreline, and lake. Why the heck can't we enjoy it as we so choose. I guarantee wade-fishing or float-tube fishing can in no way be as dangerous a hobby as haulin' butt on bicycles around the lake through the Dallas traffic like so many thousands of people do every day.......man....don't get me started. bang flame lizard



I hear ya, it is probably a liability issue and insurance. all it takes is one idiot to sue and boom we all take it up the back side.

I can tell you that in the new mexico deal I helped with and a couple in sw colorado the rangers told me that as long as you are in the water and NOT TOUCHING BOTTOM you had every right in the world to float a river or be on a lake. up there property lines extend to the middle of the river so if you own both sides the whole bottom is yours.

this is what got a lot of property owners in trouble. one guy actually ran a 1/2" steel cable across the river about 2' off the surface, it very easily could cause a death. we went and cut it down twice before the rangers busted him.

sometimes laws work for us and sometimes they work against what we want to do, city council could make an exception for tube fishing.


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Re: Your rights to fish and paddle on rivers explained concisely [Re: National Rivers] #9531850 12/03/13 09:04 AM
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Thanks

Re: Your rights to fish and paddle on rivers explained concisely [Re: Duckcreek Davy] #9539785 12/06/13 03:10 AM
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Originally Posted By: Duckcreek Davy
The city of Dallas has an ordinance prohibiting wading in any public waterways such as lakes and creeks within the city limits. They grant special use to a few areas. I know this sounds crazy, but I learned of it from a police chief when looking into the prohibition of float-tube fishing on Whiterock lake. That is the ordinance they use to give you a ticket if they see you float-tubing on the lake....which is just ridiculous in my opinion.
float fishing isn't wading. A tube is the only way I fish and I've never waded while in it

Re: Your rights to fish and paddle on rivers explained concisely [Re: National Rivers] #9572574 12/17/13 05:08 PM
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Thanks for the info
couple of questions

""However, river users should avoid confrontations with
landowners or law enforcement officials. These matters are
better discussed around a table, with the book Public Rights
on Rivers at hand, rather than on a river bank. River users
should also avoid getting cited or arrested, and should avoid
a test case, which would be expensive yet pointless, since
federal law already confirms the public easement on rivers in
Colorado that are physically navigable as described earlier. ""

I agree with this because i for one couldn't afford the battle, but what is the best course of action? Wait it out and let the same practice continue? Go fish and show em the document? is this an ongoing battle, that will take time and landowner education? I also understand you can get shot knowing you have the right to be there.

Great work you guys are doing!!


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