01-01-2005, 06:46 PM
Can you help to clarify this?
[#0060bf]1 - Does the town have the right to keep us from accessing at the launch?[/#0060bf] [indent]
If you gain access through a munisapality owned launch "yes". cities do have the right to close a city own access site at thier own discression.
I too have been asked to leave waters on a navitable river because I was parked in a metro park. tho they wont come out on the ice to get you, they can put a ticket on your window of your car for parking there while the park is closed or even get nasty and tow your car away and when you set foot on thier land they can ticket you for being in the park after it was closed.
their jurisdiction ends at the watters edge
(here in michigan most will let you be and say you are on your own and just ask where to look for the bodies come spring.)
If you gain access though privet property then "no"[/indent]
[#0060bf]2 - If they do, can I access it with permission from a land owner on the west shore?[/#0060bf] [indent]
There is a good chance that you wont be bothered if you gain entrance from privet property. but a word of catuion, when the temps are as worm as they have been for the last couple days even a foot of ice becomes unstable in early season. the Ice melts from both top and bottom.[/indent]
[#0060bf]3 - Technically, isn't the cove under federal jurisdiction since it is considered a navigable section of the river?[/#0060bf] [indent]
On this one you answered your own question. the key word is navatable which means you gained access up or down river and are moving up or down river. but if you step off on to city property they can get you that way. they dont have to disclose the reasons for closing a city owned park or access site.
If it is a state own access site the city has no jurisdiction unless you are commiting a crime.
[/indent]
[#0060bf]4 - I also have several guided trips planned on the cove to provide clients ice fishing instruction. I carry my own liability insurance. Does this carry any weight?[/#0060bf] [indent]
I am no lawyer but I can tell you what I have come up against in the past, once an officer has been called to the seen it is there responcibility to make a judgement call on the safety of the situation, and they always go on the side of caution.
even if you have your own insurance it wont matter, there are some lawyers who will say that the city provided an access there for it is all so the city's liability as well should something happen. I know this is screwed up but you can thank those idiots who cant hold them selves responcible for their own actions.
A man can rob my house and if while inside my house cleaning me out and he falls and breaks his leg I am leagly responcible for his medical care, pain and suffering.[mad]
[/indent]
me I am not happy about the situation here in michigan, I went out yesterday, and the 5 inches of ice we got would not hold up my 200 pound foot. it started cracking so I turned right back around and hit shore.
60 degrees and we wont see another hour below freezing for at least a week, which means I can kiss my ice goodby
hope things turns around soon too.
[signature]
[#0060bf]1 - Does the town have the right to keep us from accessing at the launch?[/#0060bf] [indent]
If you gain access through a munisapality owned launch "yes". cities do have the right to close a city own access site at thier own discression.
I too have been asked to leave waters on a navitable river because I was parked in a metro park. tho they wont come out on the ice to get you, they can put a ticket on your window of your car for parking there while the park is closed or even get nasty and tow your car away and when you set foot on thier land they can ticket you for being in the park after it was closed.
their jurisdiction ends at the watters edge
(here in michigan most will let you be and say you are on your own and just ask where to look for the bodies come spring.)
If you gain access though privet property then "no"[/indent]
[#0060bf]2 - If they do, can I access it with permission from a land owner on the west shore?[/#0060bf] [indent]
There is a good chance that you wont be bothered if you gain entrance from privet property. but a word of catuion, when the temps are as worm as they have been for the last couple days even a foot of ice becomes unstable in early season. the Ice melts from both top and bottom.[/indent]
[#0060bf]3 - Technically, isn't the cove under federal jurisdiction since it is considered a navigable section of the river?[/#0060bf] [indent]
On this one you answered your own question. the key word is navatable which means you gained access up or down river and are moving up or down river. but if you step off on to city property they can get you that way. they dont have to disclose the reasons for closing a city owned park or access site.
If it is a state own access site the city has no jurisdiction unless you are commiting a crime.
[/indent]
[#0060bf]4 - I also have several guided trips planned on the cove to provide clients ice fishing instruction. I carry my own liability insurance. Does this carry any weight?[/#0060bf] [indent]
I am no lawyer but I can tell you what I have come up against in the past, once an officer has been called to the seen it is there responcibility to make a judgement call on the safety of the situation, and they always go on the side of caution.
even if you have your own insurance it wont matter, there are some lawyers who will say that the city provided an access there for it is all so the city's liability as well should something happen. I know this is screwed up but you can thank those idiots who cant hold them selves responcible for their own actions.
A man can rob my house and if while inside my house cleaning me out and he falls and breaks his leg I am leagly responcible for his medical care, pain and suffering.[mad]
[/indent]
me I am not happy about the situation here in michigan, I went out yesterday, and the 5 inches of ice we got would not hold up my 200 pound foot. it started cracking so I turned right back around and hit shore.
60 degrees and we wont see another hour below freezing for at least a week, which means I can kiss my ice goodby
hope things turns around soon too.
[signature]