Re: Trespassing on School Grounds After Closing
I didn't mean to tie the dog to the trespass issue. The dog is a different matter. Also, I am not challenging that law enforcement would have the authority to eject trespassers. Ft. Knox is held not for public use, but in a proprietary capacity. I am quite aware of the difference. There is case law that governmental properties held for public use and those held for proprietary reasons are treated differently under various land laws, including one's ability to assert prescriptive rights over such property, access, and trespass. Equating a federal military installation to local public school grounds is a bit like equating a cruise ship to a canoe. Yes, their both watercraft, but a completely different set of laws apply to operating each. Any such comparison and consideration of laws governing access to Ft. Knox is not germane to the subject of the thread.
With parks, schools, and other governmental properties otherwise open to the public, there are generally a set of statutes that govern among other things, land issues. Sometimes public access restrictions are in the statutes, most often they are further controlled by local ordinance.
Law enforcement has no authority to enforce a law or code which does not exist. I see how 16-7-21 would apply to (state or local, but not federal) governmental land held for proprietary purpose, but I still do not see how it applies to land held for public purpose and generally open to public access.
I would not, and did not suggest that the OP simply ignore the warning and walk his dog at the school as he pleases. I suggested that he ask a local authority to inform him of the specific state or local code that prohibits him from being on school grounds so that he understands the specific restrictions. Cops on the street are not infallible. Sometimes they get the law wrong and sometimes they are not fully aware of the law. Specifically on trespass, surveyors often have to point out to patrol officers and sometimes even to watch commanders the Penal Code section that allows surveyors to cross and access properties as necessary to conduct their field surveys.
I'm a surveyor, not your surveyor & not an attorney.
Advice is general survey, not legal. Hire a local professional for specific advice.