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Tim845
Joined: 02 Sep 2006 Posts: 3684 Location: Poughkeepsie
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Posted: Mon Dec 01, 2008 11:07 am Post subject: Hyde Park Trails Closed Dec-Feb |
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The reasons for Hyde Parks trails to be closed Dec/Jan/Feb are unique and as far as I know, unexplained.
The exclusion of bikes is possibly for cyclists own safety, although we've been riding there for a dozen years w/o incident.
Im awaiting an explanation.
Again, only the HP trails are closed Dec-Feb. _________________ Pedal, b*tches!! |
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jamesframes
Joined: 30 Sep 2006 Posts: 2655 Location: new paltz, NY
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Posted: Mon Dec 01, 2008 11:30 am Post subject: |
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The rumor I heard was the closing is for trail sustainability and safety(liability). The area remains open to hiking, xc skiing, snowshoeing... _________________ If I can bicycle, I bicycle.
David Attenborough
Support your LBS-Bicycle Depot New Paltz NY |
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Tim845
Joined: 02 Sep 2006 Posts: 3684 Location: Poughkeepsie
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Posted: Mon Dec 01, 2008 11:34 am Post subject: |
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Apparently still open to horses too. _________________ Pedal, b*tches!! |
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burtondogs
Joined: 05 Sep 2006 Posts: 633
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Posted: Mon Dec 01, 2008 1:30 pm Post subject: |
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Many questions.........
Is it possible for us to meet with the local NPS officials to find out what data or studies were used in making this ruling?
Is this done on other NPS lands or was this ruling made only by somebody in Hyde Park?
Maybe IMBA can help us in getting this ruling reversed?
FYI-
link to info on the memo from the director of the U.S. Forest Service defining mountain biking as similar to hiking and equestrian use.
http://www.imba.com/news/news_releases/09_08/09_05_usfs_policy.html
The bottom line is Bikes should not be singled out for exclusion, without good reason.
I hope we can work with NPS and come to a positive solution regarding this ruling. |
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D
Joined: 24 Oct 2008 Posts: 20 Location: West of the Hudson
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Posted: Fri Jan 16, 2009 9:28 am Post subject: Closure |
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I had the opportunity to speak briefly with the Deputy Superintendent of the US Parks Service at Hyde Park Weds. I asked her what the reasoning was and when it would reopen. Her reply was that it was a safety issue and due to ice and / or snow they felt it would be unsafe. I agree that many riders have skills that this should not present an issue, but there are others , many in fact that do not have any skills. So the US Parks stands steadfast on keeping the trail closed until March. I may not agree with them , but the trail does belong to them as far as liability goes. |
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sick4surf
Joined: 04 Jun 2007 Posts: 146 Location: Lawnguyland
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Posted: Sat Jan 17, 2009 1:00 am Post subject: |
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Are the roads within the park closed too? Seems like it would be just as dangerous, if not more so, to ride bikes on the roads in the park when there is ice and snow. The towns do not close the roadways to bikes in the winter, why should the trails be any different?
There is no way that anyone would be able to win a lawsuit if they got hurt on the trails during the winter season or even the regular season. However, I am not a lawyer. They could try and sue anyone for anything but they would not necessarily win.
Trail based activities are inherently risky and there are special rules that protect land owners from liability if someone gets hurt.
I think there is another reason why they closed the trails. Maybe to avoid the freeze/thaw cycle?
Here are some resources to check out:
http://www.americanwhitewater.org/resources/repository/New_York_Recreational_Use_Statute.htm
http://www.imba.com/resources/trail_issues/pdfs/new_york.pdf
more info:
http://www.imba.com/resources/trail_issues/index.html
If anyone wants to do a case law study to see if there is any example of a lawsuit involving a bicyclists suing for damages due to ice and snow on a trail...be my guest...I don't think one exists.
I have about a dozen mountain bike injury case studies and not one of them won their case because of the "assumption of risk doctrine"
Assumption of risk - The Doctrine of Assumption of Risk means that a plaintiff may not recover damages for an injury to which he or she assents. The requirements for the defense are that: (1) the plaintiff has knowledge of facts constituting a dangerous condition, (2) knows the condition is dangerous, (3) appreciates the nature or extent of the danger, and (4) voluntarily exposes himself or herself to the danger (Nolan & Nolan-Haley, 1990).
http://vertumnus.courts.state.ny.us/claims/html/2000-019-530.html
http://www.athleticbusiness.com/articles/article.aspx?articleid=1841&zoneid=45 _________________ Michael Vitti
CLIMB President
http://www.climbonline.org
Trips for Kids Affiliate
NY State Trails Council Member |
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D
Joined: 24 Oct 2008 Posts: 20 Location: West of the Hudson
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Posted: Sat Jan 17, 2009 9:44 am Post subject: Case Law |
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While case law may not exist that does not mean that there has not been any law suits filed and settled before trial. Often that is the case when it comes to issues like these. |
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burtondogs
Joined: 05 Sep 2006 Posts: 633
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Posted: Sat Jan 17, 2009 10:39 am Post subject: |
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Hey Michael,
Thanks for all that good info.
It has become quite clear that no data was reviewed or studies done, in this case.
Just somebody whose job gives them the authority to make these types of decisions, made a bad decision.
Beyond the people directly affected by this 3 month closure;
The real sad part is how so much progress made, due to IMBA and all the local organizations working to enlighten the folks at these agencies about mountain biking, can be lost by one ignorant ruling. |
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Forest_biker
Joined: 16 Sep 2006 Posts: 859
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Posted: Sat Jan 17, 2009 11:31 am Post subject: |
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It seems like they are going to have to repair a section of the new "road," which was badly undercut by water runoff.
I can't imagine them running a tram between the two sites through that section, unless they want a thrill ride.
The little bridge is pretty cool and there are a few railings added that dress it up a bit.
It's a good place for XC skiing and snowshoe. |
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burtondogs
Joined: 05 Sep 2006 Posts: 633
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Posted: Sat Jan 17, 2009 11:40 am Post subject: |
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Forest_biker wrote: |
It's a good place for XC skiing and snowshoe. |
It is great for snowshoeing.
A friends wife went there last Saturday to go shoeing.
She was told to leave, because the park was closing due to the snowstorm.
??? |
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fjhilde
Joined: 11 Nov 2006 Posts: 78 Location: Wappinger Falls
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Posted: Sat Jan 17, 2009 12:20 pm Post subject: Hyde Park Trail Closures Dec-Feb - history |
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I know that many of you really enjoy riding the Hyde Park trails and are disappointed with the decision by the NPS to close them to us for the winter months. I too was disappointed with this policy and have sent a number of emails to the NPS and IMBA looking for other possible alternatives, all to no avail. These communications included reviewing trail conditions vs seasonal closures, pointing out that we could have a mild winter which would provide the opportunity for decent trail conditions and what not.
Here is a segment of a notice I received from David Hayes of the NPS with regards to the trail closure:
"Be advised that we (NPS) are planning to close the area to bikes during
December, January, & February for resource protection and visitor safety
reasons. Given the extensive shade along the trail, ice will persist for
a long time, and the combination of that with bikes, hikers, & X-C skiers
makes for a potentially dangerous situation. I know this will not come as
welcome news for your organization. but I believe it is the right decision."
Understandably many of you will want to debate this more however at this point in time I think it would be prudent to hold off until Spring. The NPS has stated that they would be creating a land management policy beginning in the Spring and would be looking for input to it and in our case input on bicycling. _________________ Ride on my friends,
Frank
--(-iii-)<() |
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bike this
Joined: 13 Nov 2006 Posts: 1166 Location: YKYO
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Posted: Sat Jan 17, 2009 12:46 pm Post subject: |
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burtondogs wrote: |
Forest_biker wrote: |
It's a good place for XC skiing and snowshoe. |
She was told to leave, because the park was closing due to the snowstorm.
??? |
Who told her to leave..??
Are they patrolling the area.. _________________ Shut up and ride.! |
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burtondogs
Joined: 05 Sep 2006 Posts: 633
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Posted: Sat Jan 17, 2009 1:17 pm Post subject: |
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Frank-
You efforts are greatly appreciated.
Thank you. |
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burtondogs
Joined: 05 Sep 2006 Posts: 633
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Posted: Sat Jan 17, 2009 1:27 pm Post subject: |
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bike this wrote: |
burtondogs wrote: |
Forest_biker wrote: |
It's a good place for XC skiing and snowshoe. |
She was told to leave, because the park was closing due to the snowstorm.
??? |
Who told her to leave..??
Are they patrolling the area.. |
Dont know exactly who, just a NPS employee.
They were locking up the gates at the new parking area.
Maybe W can grant us clemency on his way out..?
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fjhilde
Joined: 11 Nov 2006 Posts: 78 Location: Wappinger Falls
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Posted: Sat Jan 17, 2009 3:17 pm Post subject: The Bush Trail |
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Perhaps instead of a library in his honor we could entice GW to come out to Hyde Park and pick a trail we could name after him, after he rides it of course. Maybe the triple arrow, eh eh. _________________ Ride on my friends,
Frank
--(-iii-)<() |
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sick4surf
Joined: 04 Jun 2007 Posts: 146 Location: Lawnguyland
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Posted: Sat Jan 17, 2009 4:33 pm Post subject: |
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If it's closed for resource protection, that makes more sense, folks will trample the trailside plants as they slip and slide to avoid the real icy or mucky sections.
Yes, anyone can sue for whatever reason, which will force the park to use funds to acquire legal representation. They will have to pay for legal fees whether they win or lose. These days, they need to be prudent with whatever funds are left after the budget cuts.
One of our favorite trails gets closed down in November for hunting yet remains closed until April 1 to avoid the freeze/thaw mud cycles. It's a 20 mile trail system and the DEC rangers patrol it regularly to issue tickets to those folks who choose to ignore the closure.
The rest of our trails remain on the honor system and folks need to use their own judgement about whether or not to ride the trails. If they are muddy, we ask that they ride the paved paths instead. Not everyone complies and there lies the problem.
Great job by the FatsintheCats for advocating for this trail system, I can't wait till it's ready to ride again cause there are very few trails that have a brew pub right at the trail head. _________________ Michael Vitti
CLIMB President
http://www.climbonline.org
Trips for Kids Affiliate
NY State Trails Council Member |
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bike this
Joined: 13 Nov 2006 Posts: 1166 Location: YKYO
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Posted: Sun Jan 18, 2009 7:57 pm Post subject: |
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sick4surf wrote: |
there are very few trails that have a brew pub right at the trail head. |
Amen.. _________________ Shut up and ride.! |
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HVmtb
Joined: 04 Jan 2009 Posts: 147 Location: Pleasant Valley
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Posted: Mon Jan 19, 2009 12:23 am Post subject: What trails are patrolled? |
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Quote: |
One of our favorite trails gets closed down in November for hunting yet remains closed until April 1 to avoid the freeze/thaw mud cycles. It's a 20 mile trail system and the DEC rangers patrol it regularly to issue tickets to those folks who choose to ignore the closure. |
I'm curious, what trail system are you referring to? _________________ Jim
www.HVmtb.com
The bicycle is a curious vehicle. Its passenger is its engine. ~John Howard |
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sick4surf
Joined: 04 Jun 2007 Posts: 146 Location: Lawnguyland
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