No Loopholes,

Discussion in 'Ride Reports' started by JamR, Aug 14, 2005.

  1. JamR

    JamR Moderator

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    Sorry guys, but I thougt that this issue was too important to stop short, and I wanted to answer the question about what citations could be issued.

    Quite a few riders have received citations out at Aliso-Woods for closed trail riding. The law is clear that it is the responsibility of the user to know the rules. The parks have trail maps that are readily available and are the only notice required.

    There are numerous codified ordinances that come into play when someone is caught on a closed trail including one that gives the county the ability to double the fine in certain wilderness areas. The citations can be compiled consecutively on one citation. At least four codified ordinances can be issued for being on a closed trail, and more can be added depending on the trail, the signage, fencing that is in place, and the time of day.

    Right now the Rangers do not have the direct power of citation, but can call for Sheriff or P.D. enforcement at anytime. So in a sense the Rangers still currently have powers of citation through the other agencies. However the Rangers are still currently peace offices and have the right to stop, question and detain if needed while sheriff’s or P.D.s are summoned. They also have the ability to evict a person from their park and I believe they have the power to evict for up to a year (I need to check on the max time frame to verify). If the evicted person is caught back in the park, they can then be cited for trespassing.

    When the Rangers receive full powers of citation, they will have the ability to issue citations on the spot which will have monetary ramifications, which will make enforcement much more effective.

    Bottom line is the simple fact that the park maps exist and clearly outline the legal trails, therefore proper notice has been duly given and no further notice or warnings are required.

    Again, the best thing bikers can do as a group is to simply get involved in trail advocacy and work properly through the legal channels.

    Keep in mind that any trail needs to meet a clear set of criteria before they can be accepted into a trail system. There's a lot more to consider than simply that it's a fun trail to ride; and the land managers have a responsibility to many agencies to make sure that the proper avenues were followed.

    Aliso-Woods for example is currently in the process of the RMP review of the park, and there will be at least four public venues where anyone can speak their peace and make their concerns known to the County. This is the proper channel and it is the only way to gain legitimate access.

    Again, ignorance of the law is no excuse, and too many riders have already found this out the hard way. Again, there are plenty of phenomenal legal riding trails all over the county, and there’s no need to ride a closed trail. If you’re caught, it hurts all of us.
     
  2. dstepper

    dstepper (R.I.P.) Over the hill

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    I did not mean to come off as a jerk, but there are other ways. If you really want to ride those trails in Laguna Wilderness Park, contact the park or The Nature Conservancy Irvine Ranch Land Reserve http://www.irvineranchlandreserve.org/involved/docentprog.asp and enroll as a park volunteer/patrol.

    I am not sure about this but a believe the State Rangers have powers that there County brethren don't.

    Note: remember the rules of “The Fight Club”.
     
  3. TURNERob

    TURNERob Get your own avatar idea

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    Thanks for the info Adam.

    Couple more questions: Why/who decides which trails are legal and which ones are not? I'm assuming that there hasn't really been any new legal singletrack "opened" up for legal access in quite some time right? What factors are involved when deciding if a certain trail can/will be declared legal? Is it purely environmental issues, or public safety....both...more issues?

    So it has been 10 years or so since anything has been done in Aliso about opening up certain trails correct? Seems like a pretty discouraging situation, I give you much credit for all that you have done and are doing in these situations.

    I'm assuming the one certain trail we rode yesterday has been there for quite a few years now (although I could be wrong). If you read the thread about it on mtbr it seems as though it has been around/known about for awhile and it just recently gaining more and more popularity. It is a well established trail and quite ashame that the reality of it is that it may never be legal :(
     
  4. JamR

    JamR Moderator

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    There are a lot of processes to be considered when opening a trail to the public, and the extent of the process depends on many factors not limited to the environment, safety, recreational aspects, biology within the proximity of the trail, sustainability, proximity to residences and businesses, etc…

    Other major factors are the jurisdiction of the trail, i.e…City, County, State, Private Property, or a combination of these; plus any agencies that have jurisdiction for wilderness protection, ie…NROC, NCCP, Coastal Commission, or other local agencies.

    One can see that it is a pretty comprehensive task to open an area or a trail properly, but obviously not impossible as evidenced by the massive number of trails in Orange County today.

    One other thing that can be considered is the longevity (or historical duration) of a particular trail. One thing that I would like to point out that was finally made clear to me is that a trails historical tenure alone is not enough reason to automatically guarantee it to be legalized. For many years I argued the historical angle, but I have always tried to be open minded to listen to explanations. One explanation that finally hit home was brought up at one of the TAC meetings; ie…that many of the trails that I had been pushing to open based on historical tenure (for a lack of a better term) were trails that were originally poached on private property for decades; and that the tenure of the trail alone is not the sole requirement for bringing them into the trail system.

    That’s why the RMP at Aliso-Woods is so important, so that once and for all the entire park and trail system will be reviewed for all aspects (including recreational), and for good or for bad, we will finally have a solidified plan for this park. We may get some new legal trails, we may not; but at least the process would have been followed, and the public would have been given the opportunity to have input into the trail plans.

    It is also not accurate that single-track trails have not been added to the system recently. Stairsteps at Aliso-Woods, Laguna Ridge (T&A) at Laguna Coast, and Cactus Run at Whiting Ranch were once all non-sanctioned, and in some instances signed and closed trails. They are now all part of the legal trail system.

    Also no one can really say that we don’t have access to descent and challenging legal trails. Stairsteps, Five Oaks, Laguna Ridge, and Rattlesnake are challenging legal trails fully accepted into the trail system.

    As I’ve always stated in the past. The best way to get involved if you really have a passion for a particular trail is to talk to the land managers in charge of the area where the trail is located. Be very specific about the trail and talk to the managers of the park, and find out the steps to start pursuing the trail. In some cases you may find that the trail is already being considered for legalization; in others you may find that there are already legitimate reasons why the trail is closed.

    Many of the issues associated with closed trails are that they traverse through several jurisdictions. There are too many instances where trails start on private property adjacent to the parks, and enter the park at an unauthorized location. Or vice-versa, they start in the park and exit out onto private property or state property like Cal-Trans property.

    The bottom line is that no matter what, we still need to be willing to follow a proper process for new trail access, and more people simply need to get involved and become informed in the application of these processes.

    Also, we need to as a group keep this in mind when thinking about entering a closed or questionable trail; and ask ourselves if the three to five minute ride on some of these trails is worth the bad press it causes to our sport in the long run.

    Things worth having are worth working for. If you are passionate about a specific trail, get involved and step-up to make a difference.

    Have fun riding :wave:

    Adam
     

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