"An adventure is only an inconvenience rightly considered. An inconvenience is an adventure wrongly considered." G.K. Chesterton

Monday, February 15, 2010

Avarice at Amity

As I was minding my own business 
By now gentle reader you must know whenever I use these words only one outcome is possible . . . drama.  Saturday's ride in the sunshine did not disappoint!
Bluebird skies, warm temperatures . . .  in short, a nearly perfect day for a winter bike ride on the trails.
Up Vermilion I went, right turn onto the trail system (somewhere near "lost in Woodland")
Great happy ride down.  Who do I see but Jason and Bride (hi Liz)!  Nice chat about bikes, riding and work.
Continue on I do, to Lester Park . . . having a great day!  Others are out, riding, walking and skiing.  Everyone cheerful and happy.
Turn around, head back uphill (I actually prefer that . . .) Across Maxwell, over the bridge and up Amity Creek.
Cheerfully riding I am, when suddenly, out of nowhere . . . a big blue Arctic Cat Bearcat Z1, engine probably displacing somewhere near 7 billion cc's.
Before I continue, I must tell you:  heretofore all meetings and experiences with snowmobilers have been nothing but positive. They have been polite and friendly, most wave, some stop to chat.  Never been even a bit of an issue or problem. (I must confess I have been a bit surprised by this, my entire opinion of snowmobilers having been somewhat altered)
Back to Big Blue . . . 
Foul words from his mouth (I think there must have been a mouth somewhere from under his helmet).  Telling me I don't belong, telling me how stupid I am, yes, even a few four letter words uttered  before his statements of "fact." I decide the best, in fact only option is to keep riding . . . and simply acknowledge his presence.
Suddenly he threatens to "take my bike from me!"  (Just how does he propose to do that?)  I keep riding.
He asks my name, I decide to give it to him, I have nothing to fear.
Perhaps my polite, non-argumentative approach was too much for Big Blue . . .
He suddenly moves ahead, then in front of me at a 45 degree angle, no more than  three feet ahead.
Oh oh I think . . . this may end poorly.  Then I think to myself: "self . . . what is he going to do?  You a relatively fit guy on a bike, he off the sled dressed in a big one piece suit . . . no way he is going to hurt you, unless he decides to run you over (not likely I hope).
Instead, and again from a distance of no more than three feet he opens the throttle wide open . . . and proceeds to fill my face full of snow.
I'm a bit stunned and surprised by the entire encounter and simply continue riding . . .  I am a bit concerned for others others on the trail at this moment and decide to do a quick loop up and back to be certain other walkers and riders I knew were on the trail are OK.
When I am convinced I was the only party assaulted by Big Blue I simply continued my ride.
About five minutes later I come across a rider on a Pugsley (this rider shall remain unnamed).  I decide to flag him down, chat with him, see if he too had encountered Big Blue.
No he had not . . . when I related my tale . . . much to my surprise he agreed with Blue!  He told me that in fact we do not have the right to ride on any trails designated "Grant in aid!"  He was unsure if the trail we were on falls into this category, but again . . . assured me Blue was right.  At that moment a walker came into view.  I asked him if this person was allowed on the trail.  He told me technically he is not!
At this point I decided this rider may not know what he is talking about.  Sure I figure, if the trail crosses "private land," perhaps . . . but public land, seems nearly impossible.
He assures me he knows what he is talking about, claims to have been instrumental in many of the trails in Duluth.  I ask about state statutes regarding and relating to Grant in Aid trails . . . he tells me the law is very hard to find . . . I might have to go to the snowmobile clubs to find out (is that like a fox in a hen house?)
Being a man of curiosity I vow to myself to find the truth when I return home (those of you who know me know this was inevitable!)
It was not difficult . . . as I see it ... Big Blue and other rider are factually incorrect.
YOU BE THE JUDGE:  2009 MN Statute " 85.018 TRAIL USE; VEHICLES REGULATED, RESTRICTED" 


Important parts for your review.  I think you will find nothing prohibits non-motorized use on Grant in Aid trail.






Subd. 2.Authority of local government.


(a) A local government unit that receives state grants-in-aid for any trail, with the concurrence of the commissioner, and the landowner or land lessee, may:
(1) designate the trail for use by snowmobiles or for nonmotorized use from December 1 to April 1 of any year; and
(2) issue any permit required under subdivisions 3 to 5.
(b) A local government unit that receives state grants-in-aid under section 84.794, subdivision 284.803, subdivision 2, or 84.927, subdivision 2, for any trail, with the concurrence of the commissioner, and landowner or land lessee, may:
(1) designate the trail specifically for use at various times of the year by all-terrain or off-road vehicles or off-highway motorcycles, for nonmotorized use such as ski touring, snowshoeing, and hiking, and for multiple use, but not for motorized and nonmotorized use at the same time; and
(2) issue any permit required under subdivisions 3 to 5.
(c) A local unit of government that receives state grants-in-aid for any trail, with the concurrence of the commissioner and landowner or land lessee, may designate certain trails for joint use by snowmobiles, off-highway motorcycles, all-terrain and off-road vehicles.

Subd. 3.Motorized use; permits, restrictions.


Permits may be issued for motorized vehicles, other than those designated, to use a trail designated for use by snowmobiles, off-highway motorcycles, all-terrain or off-road vehicles. Notice of the permit must be conspicuously posted, at the expense of the permit holder, at no less than one-half mile intervals along the trail, for the duration of the permit. Permits shall require that permit holders return the trail and any associated facility to their original condition if any damage is done by the permittee. Limited permits for special events such as races may be issued and shall require the removal of any trail markers, banners and other material used in connection with the special event.

Subd. 4.Nonmotorized use trails.


No motorized vehicle shall be operated on a trail designated for nonmotorized use. This subdivision does not apply to motorized wheelchairs or other motorized devices operated by an individual who is physically disabled.

Subd. 5.Motorized vehicle trails restricted.


(a) From December 1 to April 1 in any year no use of a motorized vehicle other than a snowmobile, unless authorized by permit, lease or easement, shall be permitted on a trail designated for use by snowmobiles.
(b) From December 1 to April 1 in any year no use of a motorized vehicle other than an all-terrain or off-road vehicle and an off-highway motorcycle, unless authorized by permit, shall be permitted on a trail designated for use by all-terrain vehicles, off-road vehicles, or both, and off-highway motorcycles.

4 comments:

  1. Thanks for looking this up. I've been riding my Pugsley on the winter trails around Duluth since 2006. I was never sure if I could ride on the Grant-in-aid trails or not. After reading the statute, I guess I'm still not sure. It sounds like the permit holder for each trail has to designate if it is for motorized or non-motorized use.....is that right??

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  2. Hi Doug I think it means we can. It seems to me that we would have to be specifically prohibited. The statute seems clear in other prohibitions. It only says motorized vehicles can not use trails designated as nonmotorized. I would think if the intention was to ban nonmotorized use it would say so. Further it is clear by city ordinance that XC skiing is prohibited on certain trails. Again, it would not have been difficult to write the ordinance to prohibit all nonmotorized use . . . including walking.

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  3. Hi Rich,

    We have been running into the same thing here in Rochester. I did email the DNR earlier this year and aked if I needed a permit on my bike, but was told I did not need one. I'll be following this closely.

    J-No

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  4. I have found that pointing my Boer-War British-military issued revolver at the interlopers at close range seems to help with developing a sense of mutual respect!
    G. Mallory

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