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paying for use of forest service trails

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Sierraladi

Guest
What is the name of your state? California
Mammoth Mountain in mammoth Lakes, CA is the only mountain bike park that actually charges a fee for use of trails. I know of no other mountain that charges for use of trails. Lifts I understand, but at mammoth they will site you under Ca penal code 537 if you are caught mountain biking on their trails. I am wonderering if this is legal seeing as it is forest service land that their trails are built on? Thank you for you help in this matter.
 


I AM ALWAYS LIABLE

Senior Member
Sierraladi said:
What is the name of your state? California
Mammoth Mountain in mammoth Lakes, CA is the only mountain bike park that actually charges a fee for use of trails. I know of no other mountain that charges for use of trails. Lifts I understand, but at mammoth they will site you under Ca penal code 537 if you are caught mountain biking on their trails. I am wonderering if this is legal seeing as it is forest service land that their trails are built on? Thank you for you help in this matter.

My response:

Here's a copy of Penal Code 537. In your response, please copy and past those portions of the code to which you are referring for your supposed "violation", and then we'll take it from there.

IAAL



537. (a) Any person who obtains any food, fuel, services, or
accommodations at a hotel, inn, restaurant, boardinghouse,
lodginghouse, apartment house, bungalow court, motel, marina, marine
facility, autocamp, ski area, or public or private campground,
without paying therefor, with intent to defraud the proprietor or
manager thereof, or who obtains credit at an hotel, inn, restaurant,
boardinghouse, lodginghouse, apartment house, bungalow court, motel,
marina, marine facility, autocamp, or public or private campground by
the use of any false pretense, or who, after obtaining credit, food,
fuel, services, or accommodations, at an hotel, inn, restaurant,
boardinghouse, lodginghouse, apartment house, bungalow court, motel,
marina, marine facility, autocamp, or public or private campground,
absconds, or surreptitiously, or by force, menace, or threats,
removes any part of his or her baggage therefrom with the intent not
to pay for his or her food or accommodations is guilty of a public
offense punishable as follows:
(1) If the value of the credit, food, fuel, services, or
accommodations is four hundred dollars ($400) or less, by a fine not
exceeding one thousand dollars ($1,000) or by imprisonment in the
county jail for a term not exceeding six months, or both.
(2) If the value of the credit, food, fuel, services, or
accommodations is greater than four hundred dollars ($400), by
imprisonment in the county jail for a term of not more than one year,
or in the state prison.
(b) Any person who uses or attempts to use ski area facilities for
which payment is required without paying as required, or who resells
a ski lift ticket to another when the resale is not authorized by
the proprietor, is guilty of an infraction.
(c) Evidence that a person left the premises of such an hotel,
inn, restaurant, boardinghouse, lodginghouse, apartment house,
bungalow court, motel, marina, marine facility, autocamp, ski area,
or public or private campground, without paying or offering to pay
for such food, fuel, services, use of facilities, or accommodation,
or that the person, without authorization from the proprietor, resold
his or her ski lift ticket to another person after making use of
such facilities, shall be prima facie evidence of the following:
(1) That the person obtained such food, fuel, services, use of
facilities or accommodations with intent to defraud the proprietor or
manager.
(2) That, if, after obtaining the credit, food, fuel, services, or
accommodations, the person absconded, or surreptitiously, or by
force, menace, or threats, removed part of his or her baggage
therefrom, the person did so with the intent not to pay for the
credit, food, fuel, services, or accommodations.
 
S

Sierraladi

Guest
re 537

My guess is this is the section they are reffering to. It seems wrong that they can charge a fee for land that is forest service owned. They do, however, build and maintain the trails, but like I said I don't know of any other ski areas that charge for use of trails only. I understand charging for use of the chairlifts. Do you think it is legitimate for them to charge people for use of trails only?



(b) Any person who uses or attempts to use ski area facilities for
which payment is required without paying as required, or who resells
a ski lift ticket to another when the resale is not authorized by
the proprietor, is guilty of an infraction.
 
H

hexeliebe

Guest
Of course it is. Have you been to the Grand Canyon lately? Or yellowstone? Or Big Bear? The federal governement is charging for these sites and more because otherwise, you'd be paying more in taxes.

Now which is the better alternative, everyone paying for what you (and a few thousand of your friends) use, or those who use the trails helping to maintain them?
 

I AM ALWAYS LIABLE

Senior Member
My response:

The only area where you are charged a fee is in the Reds Meadow area. All visitors accessing the recreational opportunities and activities in the Reds Meadow Valley pay a per person user fee during the entire season. Adults: $7.00, Children 3-15: $4.00, 2 and under FREE. For more information, please contact the Mammoth Lakes Ranger Station and Visitor Center at 760-924-5500.

IAAL
 

divgradcurl

Senior Member
IAAL,

the fees Sierraladi are referring to are for trails maintained by the Mammoth Mountain Ski Area that are actually within the boundaries of the ski resort -- during the summer they open it up to mountain bikers. They charge a fee to take you and your bike up to the top of the hill on the chair lifts, and then you can ride the trails down -- however, what Sierraladi appears to be torqued off about is that even if you just want to use the trails, and are willing to hike your bike up or do a Lance Armstrong and ride uphill, you still have to pay a fee.

Sierraladi,

yes, the land the ski resort is on is US Forest Service land -- but since MMSA is responsbile for maintaining the land, they are also responsible for anything that happens to people on the land. Since mountain biking does pose a risk of injury, it makes sense that they would want to control access and make sure that anyone using their trails -- and exposing them to potential liability -- is paying for the privilege.

I haven't been up skiing or mountain biking in Mammoth for several years now -- I guess its time for another trip! BTW, I'm a Mammoth High School alum from many years back!
 

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