Gun discharge question

[DriftwoodSVT]

At our new home, we are on 5.5 acres out in the county. We have no HOA or board but there is a document regarding the declaration of covenants, conditions and restrictions. In these restrictions it says 'the discharge of firearms is expressly prohibited'.

A few days ago, a Sheriff drove by and I asked him if I could discharge on my property. He said as long as there's no HOA we were fine since the county has no restrictions on it.

So if I fired at a rattlesnake, what could the repercussions be?

Here's the exact text:

Section 3 .06. Prohibition of Offensive Actiyities. No activity, whether for profit or not, shall
be conducted on any Tract which is not related to single family residential purposes, unless said
activity meets the following criteria: (a) no additional exterior sign of activity is present, (b) it is the
type of action that usually happens in a home, (c) no additional traffic, that would not be there
normally, is created, (d) the entity or activity maintains an office or place of business elsewhere, and
(e) nothing dangerous is present that shouldn't be there. This restriction is waived in regard to the
customary sales activities required to sell homes in the Subdivision. The discharge or use of firearms
is expressly prohibited.

 

[DHG1078]

At our new home, we are on 5.5 acres out in the county. We have no HOA or board but there is a document regarding the declaration of covenants, conditions and restrictions. In these restrictions it says 'the discharge of firearms is expressly prohibited'.

A few days ago, a Sheriff drove by and I asked him if I could discharge on my property. He said as long as there's no HOA we were fine since the county has no restrictions on it.

So if I fired at a rattlesnake, what could the repercussions be?

I guess that would largely depend on your neighbors. I am not a cop, or lawyer though, so just my best guess.

 

[silver03svt]

Who enforces the "declaration of covenants"?

 

[DriftwoodSVT]

Who enforces the "declaration of covenants"?

There's nothing in the document declaring who enforces it. My best guess would be the developer, who's an 85 year old man that lives 100+ miles away.

 

[silver03svt]

There's nothing in the document declaring who enforces it. My best guess would be the developer, who's an 85 year old man that lives 100+ miles away.

At that point, I would say you are good as far as criminal charges (provided there is no local ordinance or state law), and that it COULD be a civil matter.

 

[oldmodman]

Dead rattlesnake?

I have a non enforceable covenant on my deed, and so does the house that I own next door.

The covenant I have says that the property can not be sold to Coloreds, Chinamen, or the Irish.

These deeds were first created in 1927 in a small Los Angeles County community of Westdale.

Luckily there are no HOA's anywhere near me.

 

[TJSwoboda]

I have a non enforceable covenant on my deed, and so does the house that I own next door.

The covenant I have says that the property can not be sold to Coloreds, Chinamen, or the Irish.

****in' Irish...

But this covenant was written in 1927, and enforceable for a few years after? Crikey...

 

[SID297]

At that point, I would say you are good as far as criminal charges (provided there is no local ordinance or state law), and that it COULD be a civil matter.

This is pretty much it. However, there are instances when owners of other tracts can enforce restrictive covenants. Think they would be willing to sue you over it? Even if they are, chances are the award would be nominal.