Trespassing on School Grounds After Closing

[leeshis0019]

My question involves real estate located in the State of: Georgia, Cherokee County


My question is rather easy and I'm very sorry if it's a nuisance question, but I feel like I've been lied to before about this (maybe un-intentionally), but I don't want to go "maybe-trespassing" again without knowing for sure. I live in the suburbs and it's difficult to find a good place to go walking with my dog, which is also exercise for me, and I have been using a recently built school-ground as the to-go area to walk him. I bring baggies to pick up his mess and I don't let him run around destroying any of the grass or anything on the property, but tonight I was stopped by an officer (a sheriff, not a school-officer) that informed me it was against the law to be on school grounds after closing. At first I thought, "Okay, I suppose that's sensible," but then I got home very annoyed and was wondering what law I was breaking exactly. This officer actually told me I was breaking the law at that time so I tried to be polite, thank the officer and get back home.

What is my problem? It's literally the only safe place to walk my dog. It's the closest expanse of land where the car traffic is not frequent at all and I've walked it so much that I know the distances around the school so it's easy to get in what exercise I need. I've looked up the trespassing laws for Georgia and the only mention of "maybe" public property pertains to the defacement of war memorials. Otherwise, it pertains to private property and the intentional destruction of land. My next thought was loitering, but it's rather straightforward just like the trespassing laws. Loitering in Georgia is considered so if someone is in an area at an un-justifiable time while causing alarm or distress without a viable reason. Basically, it seems to be at the consent of an officer that decides to stop and ask you what you're doing. I would assume since I'm in a white t-shirt, basketball pants, listening to my iPod and walking my dog that they could see that I am indeed walking my dog. I've actually had an officer follow behind me in his vehicle while I was walking at night and I put up with it because I could care less.

Is it against the law? I've read that in other states it is indeed un-lawful to trespass on school grounds without express permission, but no such stipulation exists in the Georgia code.



Thank you,


PS: I thought I should add that I tend to walk my dogs around 9-10 pm, but despite the time perhaps being considered un-reasonable I have a rather obvious intention of walking my dog around the school. Also, I have done this every night for the past couple years and before that I used the land (it was a horse-ranch) to also...walk my dog. The school is out for summer and I never walk the dogs there when it is in session.

[Dogmatique]

Where DO you walk the dogs when school is in?

[leeshis0019]

While school is in it's either far too hot to walk them very far (so I walk them to the front of the neighborhood and back) or I walk them down the street into a neighborhood that is directly across from the school.

The reason I don't do this at night is because people in these neighborhoods have dogs that have a habit of going nuts when I walk my dogs up and down. And I do walk them up and down over and over until either I'm tired or they are tired. Which might answer the essence of your question...I don't walk my dogs in these areas for leisure or for them to go to the bathroom...I do it for exercise. I'm just assuming you want to tell me that I should just walk them in those areas and avoid problems, but the school is about 2 miles of road with no traffic at all as opposed to constant traffic with NO sidewalks. The school actually has sidewalks...

[Dogmatique]

Yes, that's pretty much what I'm going to say.

You can find an alternate means of exercise, too, which doesn't involve the school grounds.

[jk]

Is it against the law? I've read that in other states it is indeed un-lawful to trespass on school grounds without express permission, but no such stipulation exists in the Georgia code.
.

I cannot find anything speaking specifically to school grounds but that also means there is nothing exempting the basic trespass laws from applying to school grounds. By chance, is there any sign like "no trespassing" anywhere around the school grounds?.

(b) A person commits the offense of criminal trespass when he or she knowingly and without authority:

(1) Enters upon the land or premises of another person or into any part of any vehicle, railroad car, aircraft, or watercraft of another person for an unlawful purpose;

(2) Enters upon the land or premises of another person or into any part of any vehicle, railroad car, aircraft, or watercraft of another person after receiving, prior to such entry, notice from the owner, rightful occupant, or, upon proper identification, an authorized representative of the owner or rightful occupant that such entry is forbidden; or

(3) Remains upon the land or premises of another person or within the vehicle, railroad car, aircraft, or watercraft of another person after receiving notice from the owner, rightful occupant, or, upon proper identification, an authorized representative of the owner or rightful occupant to depart.

as to (1) Is pooping and peeing on their grass an unlawful purpose? Technically, yes. Is that enough to invoke that section? I don't know.

as to (3), is the cop an authorized representative of the school? Not sure I would want to challenge it.


Is there a reason you cannot ask the school administrators if it is ok? If you have their permission, you're good to go.

[leeshis0019]

Sorry, but yes to what? Not sure what you are referring to when you said that.

I'm curious why I should have to? It's outside, it's got the only sidewalk for literally (yes...literally) 10+ miles, I've been walking there for a long time...the list goes on.


And if you're saying yes that I should be able to walk on the school grounds (obviously as long as I'm not breaking the laws as they are), should I just waltz back there tomorrow night and ask the officer what law I'm breaking exactly?

I'm not trying to seem belligerent, but I am rather annoyed. Aside from the places I've mentioned already I could go walking in the woods around here, but I'd have to go buy a gun first. Or I could drive 17 miles to the closest dog park.


Edit: As soon as I posted the reply I saw jk's reply. Looking at the actual code it specifically mentions "person", which to me implies an actual owner of the land. I can see pooping on the land technically being unlawful...but peeing? Is spitting considered the same? The officer mentioned the school officers just don't want people on the grounds, but that to me is basically the same as anyone else not wanting someone on school grounds. Neither should have the express authority to delegate these kinds of policies especially when I'm not a student or part of the staff at the school. To me that would be like kicking me off of school grounds because I am violating the dress code in some way, but I have absolutely no way of knowing the dress code unless I take the time to look it up...which would be rather ridiculous.

There are no signs at the school that talk about trespassing or loitering. The only signs I've seen pertain to drugs on the school grounds and cars being parks there for inordinate amounts of time getting towed.

I don't really care to show any common courtesy if there is not the need for it. All I do is walk my dog. I don't loiter, I don't vandalize, I don't prowl, I don't destroy property...I listen to my iPod and walk my dog.

[Dogmatique]

Let me turn the question around.

Why should the school have to put up with random people walking their dogs - who admittedly DO poop (you take baggies with you) - on their grounds?

You don't have any inherent "right" to walk your dog there, certainly.

[jk]

If you were addressing me, I believe this would constitute a trespass. I know I would not want to challenge the cops statement without some very solid support. Given he has already told you it is illegal, he could very will arrest you if you go back. If you are willing to risk that and "maybe" prove it isn't trespassing, then go ahead.

is there some reason you cannot contact the school admin and ask them if it's ok?

[leeshis0019]

Not to be snide, but the maintenance of school grounds if paid for with tax dollars (including mine), so the occasional poop shouldn't really be an issue. However, I do bring baggies with me so I hardly see how that's a problem. In the post before I was wondering what the issue with pee could possibly be seeing how its similar to saliva except for the location it happens to exit the body...

I think I'm going to try and contact the offices in a couple weeks and get some kind of permission. My issue is that I've had a school officer stop me before and he told me I couldn't walk the dog with school in session or while there were kids there. I avoid both and still get in trouble only to learn that they also want to prohibit its use when there's absolutely no one there. All of this and there hasn't been any vandalism not to mention they leave every light on in the school along with the massive air conditioning units.


Should I talk to the administration at the schools (it's a middle school and high school next to each other), someone in the county (seems a bit much), or the school police?

[Dogmatique]

Really - take a poll and see how many parents of the students attending the school are "okay" with your precious puppy pooping and piddling in the grounds.

Expect the school to tighten up their rules. And if they can't, expect enough of a fuss to be raised that the district actually steps in and fixes the issue.

You'll be exercising elsewhere.