🚀 go-pugleaf

Dear Paul,

I can certainly understand your outrage, but I would like to temper 
it with some other information.  Ever since the passage of 
Proposition 13, the erosion of our public systems has grown 
increasingly more damaging.   The agencies responsible for so many 
of the things we take for granted have been getting the short end of 
the stick.  Compunding this problem is the "budget solution" passed 
by the state legislature last year.

Raising taxes is not politically popular and so our legislators 
decided to get the money they needed by attaching funds collected by 
special districts.  By taking funds from special districts (i.e. 
sewer, water, etc.) those agencies could raise their user fees to 
compensate for the difference.  In effect, the state raised taxes by 
allowing the special districts to pass this cost on to the users.

For most special districts, this was not a problem.  The one special 
district that it did create problems for is the state's numerous 
local park agencies.  Most of these agencies do not collect user 
fees and so agencies already hurting from post-prop 13 money woes, 
now face 30-40% budget cuts!  The impact has and will continue to be 
tremendous.  The city of Oxnard, for example, has a population of 
over 125,000 people.  As a result of this action, they have closed 
their parks department entirely!

My contacts with LA County assure me that there is little chance 
that the new fees will be enforced --most staff members do not 
support the program.  They also tell me that the public response has 
been tremendous, and a reversal of the action may be on the way.

Personally, I would view the fees as annual membership in the 
"Friends of LA Trails" club.  We find the money to support our 
favorite charities like the Sierra Club, Audubon, National Wildlife 
Federation, etc., why can't we "Think globally and act locally?"  We 
as members of the public can't make "donations" to the county, but 
this trail fee is one alternative.  

I like your idea of a trailside donation box.  I recently saw a 
parking meter that was modified to accept donations for rain forest 
preservation.  The VIOLATION sign on the meter was replaced with a 
picture of a leopard that moved across the meter's window.  Maybe 
the county could put adapted meters at the trail head.  What do you 
think?

Some other comments...

You brought up the mountain lion attack in Orange County.  The legal 
issues of liabiltiy on park property are quite complicated.  I wrote 
an article specifically on this issue that was published by the Park 
Ranger Association of California.  I'd be happy to send you a copy 
if you're interested.

You asked if anyone knew any 19th century laws about access.  I'm 
not a lawyer, but the Massachusetts Bay Colony Ordinance of 1641, 
Section 4 states, "And for any (grounds) laying in common, though 
within the bounds of some town, it shall be free for any man to fish 
or fowl there, and may pass and repass on foot through any man's 
property for that end, so they trasspass not on any man's corner 
meadow."  While this certainly carries no weight in California, it 
certainly shows the historical value placed on access to public 
lands.  

I do know that California has specific laws in regard to 
"transportation access" and a federal law may be of use here as 
well.  The Land and Water Law Review of 1971 reads, "a channel 
which, during any stage, has been or is being used or is capable of 
being used in its natural and ordinary condition for floating any 
boat, canoe, skiff or craft with at least one person aboard, is 
declared public."  So, if there is a stream bed leading into the 
forest that at high water could accomidate at least an inner-tube, 
you could argue that by law, the access is public.

My last suggestion is to write to the Attorney General of California 
and ask for the laws regarding public access to trails, forests and 
recreation areas and carry copies of those laws with you.

OK, OK, one last suggestion.  Please consider becoming a member of 
the California Parks and Conservation Association.  I'd be happy to 
mail you a sample newsletter if you request.

Best of Luck,

Ed Harrison