samagon Posted April 18, 2013 Share Posted April 18, 2013 (edited) Well said Chi-Char-Hou-Dal. I often park on McGowen in the same location as this hit and run occurred, zoning would not resolve this issue, and I think it's probably a bad topic for discussion in this thread. It was probably a combination of the people getting in their car not being aware of their surroundings (always look before stepping into the street). And (most importantly) a person behind the wheel that not looking for pedestrians. The driver should have been way more cautious driving down McGowen, but likely was drunk enough to not think to pay attention, or was drunk enough to think he/she was paying attention and misjudged. I hope this person is found and is never allowed behind the wheel of a vehicle again, not only did he/she (very likely) use bad judgment in driving drunk, but also fled the scene. horrible. I hope police presence in the area is stepped up, a lot, especially between midnight and 3 am on weekends, it won't assure things like this never happen again, but it will reduce the likelihood that it will. Edited April 18, 2013 by samagon Quote Link to comment Share on other sites More sharing options...
rci2145 Posted April 18, 2013 Share Posted April 18, 2013 Well, the point of my post was not zoning. Just that a lot of new people having been coming into Midtown lately and there has been a noticeable uptick in rowdiness, reckless driving, and polluting. I think it's a phase but may last a few years before Midtown becomes more of a local hangout again. Quote Link to comment Share on other sites More sharing options...
MidtownMan Posted April 19, 2013 Share Posted April 19, 2013 Zoning...No zoning. I am certainly aware that complaining on this blog won't clean up the trash from my front yard, quiet the rowdiness or wake up tomorrow to a Zoned city . I live hear and just deal with it. I know i am right though that if Houston had zoning, then there wouldn't be a bar or club next to your house creating problems (trash, rowdiness,parking, etc) for residents. But getting back to the original complaint about OTC bar which is surrounded by town-homes and residents that had to deal with the disrespectful patrons from Union Bar. Clearly, zoning won't happen here in Houston. So residents and business must compromise at some point. Have your bar and drink, just keep it quiet and don't throw your trash on my front yard or anyone's for that matter! No one in the city/burbs... zoning/no zoning wants these kind of disturbances. Quote Link to comment Share on other sites More sharing options...
kbates2 Posted April 19, 2013 Share Posted April 19, 2013 Clearly, zoning won't happen here in Houston. So residents and business must compromise at some point. Have your bar and drink, just keep it quiet and don't throw your trash on my front yard or anyone's for that matter! No one in the city/burbs... zoning/no zoning wants these kind of disturbances. Right, but how do you suggest making that compromise? I assume it is not the OTC owners or employees throwint their trash there or yelling on their walk to the car. How should they go about stopping people leaving their place from throwing trash? Quote Link to comment Share on other sites More sharing options...
august948 Posted April 19, 2013 Share Posted April 19, 2013 Don't know about the noise, but you could install some sprinklers around the perimeter of your yard and do your watering on Friday and Saturday nights, making sure to water the concrete around you as well. Quote Link to comment Share on other sites More sharing options...
Joke Posted April 26, 2013 Share Posted April 26, 2013 I love the Pedal Party! Makes me smile every time I see it. And a bit jealous. Quote Link to comment Share on other sites More sharing options...
TGM Posted May 2, 2013 Share Posted May 2, 2013 GINIMBY(Glad it's....)Another way of looking at it; Are the beer bottles half full, or half empty?Midtown has always been a crossroad for all sorts of visitors. Before it was 3rd ward drug dealers, prostitutes, paroles, and panhandlers. Now it's relocated Washington Ave douchbags. All of the former go quietly into the night. The Washington dude-bro's like to scream out how drunk they are while relieving themselves on your property at 3am. Lots of luck... Quote Link to comment Share on other sites More sharing options...
kylejack Posted May 2, 2013 Share Posted May 2, 2013 Don't know about the noise, but you could install some sprinklers around the perimeter of your yard and do your watering on Friday and Saturday nights, making sure to water the concrete around you as well. Please don't encourage people to make sidewalks hostile to pedestrians. Quote Link to comment Share on other sites More sharing options...
august948 Posted May 2, 2013 Share Posted May 2, 2013 Please don't encourage people to make sidewalks hostile to pedestrians.It's an extreme suggestion to meet an extreme situation. Not suggesting that it should be done during normal times, but when some of the pedestrians are behaving like this you've got to look at your options. Quote Link to comment Share on other sites More sharing options...
samagon Posted May 2, 2013 Share Posted May 2, 2013 (edited) Not sure it's an extreme situation. I don't find it that hard to pick up trash someone has decided to dump in my yard. The bonus is I get to recycle it for them, rather than just throwing paper, glass, or plastic in the trash, or in the street, or in someone else's lawn (because my sprinklers are on), they throw it in mine, I pick it up and recycle it for them. At my specific domicile I don't have to deal with this very often, maybe once a week someone is inconsiderate and doesn't dispose of their own crap, you might have to deal with it more. You did hit the nail on the head, as it is an extreme solution, is it really worth turning on your sprinklers for multiple hours (and wasting who knows how much water and money in the process) to keep from having to bend down and grumble at someone being inconsiderate as you put their trash in the recycle bin? And then it's likely not to stop anything, and you'll end up with soggy wet paper littering your yard that's even harder to clean up. Does anyone know if the driver (killer) was caught? Edited May 2, 2013 by samagon Quote Link to comment Share on other sites More sharing options...
kylejack Posted May 2, 2013 Share Posted May 2, 2013 (edited) It's an extreme suggestion to meet an extreme situation. Not suggesting that it should be done during normal times, but when some of the pedestrians are behaving like this you've got to look at your options. In case you forgot, this thread is about a pedestrian that was killed in the street. Call police if people are violating property rights, but don't try and reclaim public space as your own. Edited May 2, 2013 by kylejack Quote Link to comment Share on other sites More sharing options...
august948 Posted May 2, 2013 Share Posted May 2, 2013 In case you forgot, this thread is about a pedestrian that was killed in the street. Call police if people are violating property rights, but don't try and reclaim public space as your own.One of the earlier posters stated that the police can't or won't do anything about it. In that case you have to either look at alternate solutions or just put up with it (or move). I'm in favor of alternate solutions. If you don't fancy watering the concrete you could plant some nice thorny hedges instead. Quote Link to comment Share on other sites More sharing options...
TGM Posted May 3, 2013 Share Posted May 3, 2013 Please don't encourage people to make sidewalks hostile to pedestrians.I'm not sure if you can consider water to be hostile. Is it assault-water? 10-gallon limit?The only thing hostile would be the amount the city would charge you for it. Quote Link to comment Share on other sites More sharing options...
kylejack Posted May 3, 2013 Share Posted May 3, 2013 I'm not sure if you can consider water to be hostile. Is it assault-water? 10-gallon limit?The only thing hostile would be the amount the city would charge you for it. Yes, spraying water on the sidewalk to discourage people from using it is hostile. Quote Link to comment Share on other sites More sharing options...
TGM Posted May 5, 2013 Share Posted May 5, 2013 Yes, spraying water on the sidewalk to discourage people from using it is hostile.Water torture, I take it? Good heavens somebody get Amnesty International on the phone! Sigh.. Quote Link to comment Share on other sites More sharing options...
kylejack Posted May 6, 2013 Share Posted May 6, 2013 Water torture, I take it? Good heavens somebody get Amnesty International on the phone! Sigh.. The sidewalk is a public right-of-way. If you can't understand and accept that, maybe you shouldn't be living in a city full of other people. Quote Link to comment Share on other sites More sharing options...
RedScare Posted May 6, 2013 Share Posted May 6, 2013 I'm not sure if you can consider water to be hostile. Is it assault-water? 10-gallon limit?The only thing hostile would be the amount the city would charge you for it. Well, now that you mention it... Sec. 22.01. ASSAULT. (a) A person commits an offense if the person:(1) intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse;(2) intentionally or knowingly threatens another with imminent bodily injury, including the person's spouse; or(3) intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative. 1 Quote Link to comment Share on other sites More sharing options...
Purdueenginerd Posted May 6, 2013 Share Posted May 6, 2013 ha. Lawyered. Quote Link to comment Share on other sites More sharing options...
samagon Posted May 6, 2013 Share Posted May 6, 2013 (edited) ha. Lawyered. indeed, and it is interesting to note that if someone intentionally causes bodily injury to your spouse that you as well have been assaulted, but if they spray your significant other with water in an offensive manner, your significant other might have been assaulted, but you have not. Edited May 6, 2013 by samagon 1 Quote Link to comment Share on other sites More sharing options...
diggity Posted May 6, 2013 Share Posted May 6, 2013 indeed, and it is interesting to note that if someone intentionally causes bodily injury to your spouse that you as well have been assaulted, but if they spray your significant other with water in an offensive manner, your significant other might have been assaulted, but you have not. huh? Quote Link to comment Share on other sites More sharing options...
TGM Posted May 6, 2013 Share Posted May 6, 2013 Well, now that you mention it...Sec. 22.01. ASSAULT. (a) A person commits an offense if the person:(1) intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse;(2) intentionally or knowingly threatens another with imminent bodily injury, including the person's spouse; or(3) intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative.So much for wet t-shirt night.... Quote Link to comment Share on other sites More sharing options...
august948 Posted May 6, 2013 Share Posted May 6, 2013 (edited) So much for wet t-shirt night.... I think the law only applies if the person being sprayed finds it offensive, not if the young ladies are lined up wanting to be sprayed. I am curious, though, if there's any case law to support assault by water sprinkler. Edited May 6, 2013 by august948 Quote Link to comment Share on other sites More sharing options...
RedScare Posted May 7, 2013 Share Posted May 7, 2013 indeed, and it is interesting to note that if someone intentionally causes bodily injury to your spouse that you as well have been assaulted, but if they spray your significant other with water in an offensive manner, your significant other might have been assaulted, but you have not. Well, that would be interesting if true. However, the statute says that assault occurs if a person causes injury to his spouse. In some cultures it is not assault for a husband to beat his wife. The Texas assault statute makes clear that we do not subscribe to that culture. Quote Link to comment Share on other sites More sharing options...
kylejack Posted May 7, 2013 Share Posted May 7, 2013 I am curious, though, if there's any case law to support assault by water sprinkler. Lots of cases found on Google with water hose assault. http://law.rightpundits.com/?p=582 Quote Link to comment Share on other sites More sharing options...
samagon Posted May 7, 2013 Share Posted May 7, 2013 Well, that would be interesting if true. However, the statute says that assault occurs if a person causes injury to his spouse. In some cultures it is not assault for a husband to beat his wife. The Texas assault statute makes clear that we do not subscribe to that culture. ahhh!!! I was reading it wrong. I was reading it as if a person assaulted someone they were also assaulting the spouse. That makes perfect sense. Quote Link to comment Share on other sites More sharing options...
august948 Posted May 7, 2013 Share Posted May 7, 2013 Lots of cases found on Google with water hose assault. http://law.rightpundits.com/?p=582Eh, that's a case where the guy went after his wife with a water hose and then elbowed her. If you stood there by the faucet and turned on the water every time someone passed, there might be a case, but I'm thinking it'd be hard to prove intent if you just turned your sprinklers on for a few hours and you just happened to choose Saturday nights to water your lawn. Quote Link to comment Share on other sites More sharing options...
kylejack Posted May 7, 2013 Share Posted May 7, 2013 Eh, that's a case where the guy went after his wife with a water hose and then elbowed her. If you stood there by the faucet and turned on the water every time someone passed, there might be a case, but I'm thinking it'd be hard to prove intent if you just turned your sprinklers on for a few hours and you just happened to choose Saturday nights to water your lawn. Water your lawn all you want. But spraying water on the sidewalk to intentionally reclaim a public right-of-way that is not yours to reclaim is arrogant and dangerous. It's not "you just happened to choose Saturday nights", you are recommending for people to intentionally choose that day and time. There is no "just happened to" about it. Quote Link to comment Share on other sites More sharing options...
TGM Posted May 7, 2013 Share Posted May 7, 2013 (edited) Lots of cases found on Google with water hose assault. http://law.rightpundits.com/?p=582No one is going to argue against a water hose being a weapon of assault. (1960's Alabama anyone?)A light sprinkle from a motion activated sprinkler is just going to make someone get out of the way. No one is suggesting that you respond like some jug head who has been told their schools will be integrated. Edited May 7, 2013 by TGM Quote Link to comment Share on other sites More sharing options...
kylejack Posted May 7, 2013 Share Posted May 7, 2013 I don't actually care about the legal case to be made for assault, but I do consider any unwanted touching to be an assault, regardless of the legal definition. No, my problem is with people thinking they have the right to reclaim public space. Quote Link to comment Share on other sites More sharing options...
TGM Posted May 7, 2013 Share Posted May 7, 2013 Water your lawn all you want. But spraying water on the sidewalk to intentionally reclaim a public right-of-way that is not yours to reclaim is arrogant and dangerous. It's not "you just happened to choose Saturday nights", you are recommending for people to intentionally choose that day and time. There is no "just happened to" about it.Am I reclaiming the street when my run-off water hits the curb?If he were to block off the section of sidewalk that runs in front of his house with say a orange warning come, then you might be able to argue that. Ditto for yellow caution tape. If I recall correctly property owners are responsible for maintaining sidewalks and curbs. (That was what the city always told us) He could perform maintenance on his section, insuring that it remains off-limits until the construction is complete. Quote Link to comment Share on other sites More sharing options...
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