Trail sign - Location appears to have explicit or inappropriate activities
I nominated a POI in November, it was in fact one of my first nominations, and since it's close to where I live and the review process has been going on for six months, I decided to upgrade it. (BTW, I have several nominations from November 2020 that are still in the reviewing process, is this normal?)
My nomination was rejected because the real world location appears to have inappropriate activities. I must say this is the most amusing rejection so far.
This sign might not be the most interesting object in the world, but I still don't understand why it was rejected. Seems like a lot of reviewers haven't gotten the memo regarding trail markers. Should I explain that the trail also goes through villages and forests in addition to the coast line?
Any help is appreciated!
Comments
The rejection reason is ****, but is that in front of a single home residence?
Thanks for pointing that out. The trail sign is on the outside of their fence, but having the house in the background probably wasn't a good idea. 😅 I've resubmitted it, does it look better now?
All feedback is appreciated.
For the purpose of Wayfarer, private residential property extends wall the way to the street, even if there is a fence.
No, it does not. It extends to the property line. Anything ON the property, or on the wall or fence of the property, is private residential property. Anything outside of the property is not to be considered private residential property. This has always been the definition of private residential property. Any claims it extends beyond the property line are made up by the community and there has never been any indication from Niantic that it does extend beyond the property or the wall or fence.
W24Q48: Adam - Little Free Libraries... when reviewing potential portals in OPR, should LFL be approved if they are next to the road or sidewalk within the county/city right-of-way, but the lawn they are on is owned and maintained by a residential home privately owned? These seem to be on county/city property and private property at the same time. It seems the LFL is inviting the public to stop by. What do you say?
A48: According to NIA OPS, If it's on someone's private residential property (right-of-way or not), it does not meet criteria. If it's on a common area that's not associated to any private residence, that should be ok.It's hard for us to know the local nuances of legal access for a global game, so as a general rule, if it's on the 'Do Not Submit' list, do not submit them. [February 2018 Ingress AMA]
and theres also this...
Q84: Rob Muir - I would appreciate a clarification for decorative objects placed to mark a driveway entrance to a private residence (decorated posts, rocks, other objects). They're clearly in front of private residences, but unclear whether they're in the road allowance or not. They're definitely placed and maintained by the property owner. Presuming they are unique enough to meet other portal criteria, should they be treated as private residential property?
A84: NIA OPS says, “If they are on a private residence and managed by the property owner, these should be considered as Private Residential and should receive a one star.” [January 2018 Ingress AMA]
I see ON private residence twice, so those statements are completely in line with what I am saying.
A trail marker is not maintained by the property owner that happens to live next to it.
"Right of way or not" ..."managed by the property owner"
A right of way is a part of the property that can be legally accessed by others than the property owner. But it is still part of the property.
A little free library placed by a home owner may invite people onto his property, but that doesn't change that the owners property is private residential.
A trail marker placed outside of a private property by the government, is not to be considered private residential property.
"It's hard for us to know the local nuances of legal access for a global game, so as a general rule, if it's on the 'Do Not Submit' list, do not submit them"
That's why right of way is excluded. In some places it might be okay to have a wayspot in a publicly accessible part of a private residential property, in others it might not. Therefor the global rule is, if it is on a private residential property, it is 1*. Doesn't matter if the public has access or not.
That doesn't mean public areas outside of the property are excluded.
right of ways in a lot of areas are not fenced in, they may be part of the property or they may not be but expected to be maintained by the homeowner (watered, mowed, swept etc.) so no it doesnt mean a right of way inside the property.
That is where you need to use common sense. If an object is placed by a home owner, like most little free libraries, it is private residential property. If the object is placed by the government, like a trail marker, it is not.
As much as I agree in principle, in technicality common sense doesn't work out which is why Niantic uses blanket rulings like "It's hard for us to know the local nuances of legal access for a global game, so as a general rule..."
Isn't outside of a fence in a regular neighborhood a pretty universal indicator that it's outside of private property? I really don't see the problem here.