Wednesday, August 13, 2008

Feral Children - Kid Trespass Laws Need to be Changed


Why Should You Need a Chain Link Fence and Keep Out Signs?

Kids will be kids. I know that. I love kids. I have kids. They are my world. They make mistakes. Fine. I address those issues. Problem. Solution. Life goes on.

I won't even say that most kids are wild these days. I don't find that to be the case - at all. Most kids are decent little folks. They aren't perfect. Neither are adults. That's just life.

When little kids are out of control, I do know it's the parents to blame. When a three-year-old is on your front porch at midnight (which has happened at my house), then something is wrong at the home.

When these "ignored kids" get bigger, the problems get bigger. I'm talking about vandalism, stealing, and general bad behavior that impacts on everyone in the neighborhood.

Here are some specific examples of local kid trespass problems:

- Cut new glider to shreds with new pocketknives.
- Pull gutters off side of house.
- Turn hose on and stick in basement window.
- Bust cement up on back porch.
- Break glass up in yard.

And, the police can't do much of anything.

As the laws stand, you are up the creek. Kids get a free pass. The parents do too.

You can check that out.

You can tell kids to get off your property (and set yourself up as knowing that you have kid friendly areas in your yard) and post no trespassing signs (a waste of time).

No dice. The law says that if you have something on your land that might attract kids (like - what doesn't?), then you are liable. This is legally termed attractive nuisance.

You could not pay me to take a pool for free in this area. Pools are seen as attracting kids. Some parent does not watch his or her kid. The kid falls in your pool on your property, and you are toast. Legally you should be watching your pool versus the parents watching their kids.

Well, I'm still calling . . .

Yeah. You can call the police when kids trespass on your property. Good luck with that. The cops will tell you that they can't do much other than tell the parents to keep the kids off your land. The police can't help it. It's the laws that are wacked.

The police may go over and speak with the parents. Then, you're the bad guy.

Suggested Course of Action

The first course of action suggested if you have problems with kids on your property and not invited and even told to leave (and don't) is to contact the parents. Come on. If a toddler is in your garden day after day and walking in your front door when it's unlocked, then you know good and well the parents don't care. When the kids get bigger and the parents just want them out of their hair, then it moves on to vandalism when you say something.

Time to Change the Laws

The laws concerning children and traspassing flat needs to be changed. If you buy land and a house and if you pay taxes and even report problems early on, then you should not be held responsible when some kid climbs your tree and falls out and breaks his or her leg. The parents opted to have kids. The parents ought to keep up with them. If something happens, then it's on them - not on some person who has no clue and just happens to own a house and a little bit of land (or a lot) - or it should be.

Really, check out the laws on the books. You do not have a leg to stand on if you have a kid skip over your property line and get hurt. It's not the parents who don't bother to look outside and see where the kids are and what they're doing. It's the property owner who must jump through all manner of hoops to make sure that nothing might attract kids or hurt kids on land they own and should not have to share with the world.

No comments: