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Re: Wall Observer BTC/USD - Bitcoin price movement tracking & discussion
by
philipma1957
on 15/12/2021, 12:37:33 UTC
⭐ Merited by BobLawblaw (1)
Is that not a problem?  According to an earlier post (no pun intended!) the purple paint must be “placed so that the bottom of the mark is not less than 3 feet from the ground or more than 5 feet from the ground.“ so if it goes right down to the ground it's not compliant.
Probably not serious, but you wouldn't want an issue on a technicality.

tl;dr: Posts painted entirely purple are more than is required.

Texas Penal Code § 30.05. Criminal Trespass

Sec 2 (D) the placement of identifying purple paint marks on trees or posts on the property, provided that the marks are:

(ii) placed so that the bottom of the mark is not less than three feet from the ground or more than five feet from the ground;  and


.... this seems quite clear that the mark needs to end 3 to 5 feet above the ground

.... a post painted all the way to the ground is just a purple post, not a purple-marked post

... at least it's an upgrade on a rusty old pipe

Doesn't the "not less than" part mean that you can paint it more if you so desire

Don’t think so. I am not a lawyer but that reads as “at least” to me. E.g. two feet or even no feet is “less than” three feet and so fails the “not less than” test.  I assume the point being that it shows as a clearly applied mark rather than simply happening to be a purple bit of material that was used to it make a fence.

It may be that it has become common for the posts to be wholly purple and it will be thus generally understood that that is equally acceptable.

I read that as a minimum requirement that you can exceed if you so desire. But I'm not a native speaker.

As a native speaker taught in Brooklyn , NY

I read it as inbetween 24 and 60 inches.