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-   -   Is walking through an apartment building parking lot illegal? (https://www.askmehelpdesk.com/showthread.php?t=736983)

  • Mar 2, 2013, 10:19 AM
    quiir
    Is walking through an apartment building parking lot illegal?
    I live in Southern Ontario in Canada and lately the weather has been bad here (it's been cold, then warm, then cold; resulting in thick ice all along sidewalks and roads) so today while I was walking my dog I took a shortcut home, I only did this because the road I normally take home is a steep upwards slope and today it was frozen with ice. The shortcut I took is actually cutting across an apartment building parking lot; as I was walking across the parking lot the apartment janitor or supervisor (not sure who he was, he was just shoveling snow around the building) saw me and told me that I was trespassing on private property and if he ever saw me doing it again he would call the cops. My dog did not pee or poop on the apartment building property. So, my first question is: is it actually illegal to walk across the parking lot of an apartment building one does not live in? Because I see people cutting across that parking lot all the time, so could it have been because I had a dog with me that made it illegal to walk there?

    My second question is: is it illegal to use the apartment building dumpster if one does not live in the apartment? I ask this because I saw another lady (who also did not live in the apartment) cut across the same apartment building parking lot and she threw some tissues into the apartment dumpster, the janitor/supervisor saw her do so and basically gave her the same threat he gave me.

    Are these two things illegal?
  • Mar 2, 2013, 10:26 AM
    dontknownuthin
    Well, it is private property so you don't have a given right to use the property for your walk, or bring your dog on the property. Putting things in other people's dumpsters is also trespassing on their property. They are paying for those dumpsters for their own use or the use of their tenants. I could see a janitor not wanting a dog on the property because of the potential they will defecate or pee on the lot - he's probably had to clean it up from other dog owners and you're suffering the consequences of their discourtesy. As for the tissue in the dumpster, he's probably had people come at night and fill the dumpster with construction debris and other stuff, which would be irritating.

    If he called the police they would likely just ask you to stop trespassing on the property. If you did it again they would likely cite you for unlawful trespass and you'd have to pay a fine.

    Be mindful that this "janitor" may well have been the property owner - many maintain their own buildings as their occupation.

    I'd avoid this particular lot in the future and be aware people will be more sensitive to you being on their property when your dog is with you.
  • Mar 2, 2013, 10:30 AM
    odinn7
    Around here, using some else's dumpster is theft of services.
  • Mar 2, 2013, 11:03 AM
    joypulv
    The dumpster is one issue. They are paid for by volume.

    The trespassing is another. Yes, of course anyone who owns or is in charge of maintaining a piece of land, regardless of what is on it or what the weather is or why someone wants to be on it, can tell you to get off.
    You may be taking this far too personally. The poor guy probably was chewed out by the owners or tenants for dogs and dumping and car break ins and who knows what.
    You could be friendly, say you clean up after your dog, and keep your eyes open for break ins and will be glad to let him know if you see anything suspicious if he will let you cross.
  • Mar 2, 2013, 11:33 AM
    Mcsap9213
    Typically , property that appears to be open to the public must be posted to warn / advise the public that they may not enter unless a resident or a guest.

    The dumpster is absolutely theft of services.
  • Mar 2, 2013, 11:37 AM
    joypulv
    '... property that appears to be open to the public must be posted... ' is true, but this is an apartment building, and that can be presumed to be private with no signage needed.
  • Mar 2, 2013, 11:48 AM
    Mcsap9213
    Quote:

    Originally Posted by joypulv View Post
    '...property that appears to be open to the public must be posted...' is true, but this is an apartment building, and that can be presumed to be private with no signage needed.

    I am sure it is a state by state issue but in some instances either public notice ( not saying there has to be a sign every ten feet ) , an enclosure is present that is designed to prevent a normal person from gaining entry ( fence) or the person is given proper verbal warning.

    It looks like the verbal warning has been given.
  • Mar 2, 2013, 01:21 PM
    ScottGem
    Quote:

    The shortcut I took is actually cutting across an apartment building parking lot;
    So clearly you were aware this was private property. Entrance on private property without permission is trespassing. So yes it was illegal for you to use the shortcut.
  • Mar 2, 2013, 03:57 PM
    quiir
    Thanks for the replies guys, I'll make sure to steer clear of that path.

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