A place to discuss waterfalls. Including the parks that house them and the hikes to get to them.
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On the East-side of Canandaigua Lake. There is a small county park at the mouth of the gully where you can park and a trail leading into the woods on the opposite side of the road. The land is private unposted and has several owners. You can find the property lines/owners on ONCor. Unfortunately this is one of those places people trash and there were numerous piles of beer bottles, lawn furniture, ect. when I was there several years ago.
Those are the only photos I can find but there is a larger fall deep within the gully.
From what I remember the falls are something like 5', 25', 35'.
"Now I see the Secret of the making of the best persons. It is to grow in the open air and to eat and sleep with the earth" - W. Whitman
What is the consensus on entering unposted land? If it is private land does a hiker still risk being prosecuted? As I mentioned in the "Whats Missing" thread....I used to visit this gully in the summers when I stayed at my cousins house. I would like to go back and have tried to get permission through various landowners but never received any responses.
Here's an excerpt of the text of the NYS Penal Law that deals with trespass, with the relevant items in bold and italics. From my interpretation, as long as the land is NEITHER FENCED NOR POSTED, and you don't know otherwise, you can legally enter upon it given that it is "unimproved or unused." Should the landowner greet you with a 12 gauge, you will then "know otherwise," and should get off the land immediately. The trickier part is defining the contsraints of the terms "unimproved" and "unused."
TITLE I--OFFENSES INVOLVING DAMAGE TO AND INTRUSION UPON PROPERTY
ARTICLE 140--BURGLARY AND RELATED OFFENSES
Section 140.00 Criminal trespass and burglary; definitions of terms
The following definitions are applicable to this article:
1. "Premises" includes the term "building," as defined herein, and any real property.
2. "Building," in addition to its ordinary meaning, includes any structure, vehicle or watercraft used for overnight lodging of persons, or used by persons for carrying on business therein, or used as an elementary or secondary school, or an inclosed motor truck, or an inclosed motor truck trailer. Where a building consists of two or more units separately secured or occupied, each unit shall be deemed both a separate building in itself and a part of the main building.
3. "Dwelling" means a building which is usually occupied by a person lodging therein at night.
4. "Night" means the period between thirty minutes after sunset and thirty minutes before sunrise.
5. "Enter or remain unlawfully." A person "enters or remains unlawfully" in or upon premises when he is not licensed or privileged to do so. A person who, regardless of his intent, enters or remains in or upon premises which are at the time open to the public does so with license and privilege unless he defies a lawful order not to enter or remain, personally communicated to him by the owner of such premises or other authorized person. A license or privilege to enter or remain in a building which is only partly open to the public is not a license or privilege to enter or remain in that part of the building which is not open to the public. A person who enters or remains upon unimproved and apparently unused land, which is neither fenced nor otherwise enclosed in a manner designed to exclude intruders, does so with license and privilege unless notice against trespass is personally communicated to him by the owner of such land or other authorized person, or unless such notice is given by posting in a conspicuous manner. A person who enters or remains in or about a school building without written permission from someone authorized to issue such permission or without a legitimate reason which includes a relationship involving custody of or responsibility for a pupil or student enrolled in the school or without legitimate business or a purpose relating to the operation of the school does so without license and privilege.
Section 140.05 Trespass
A person is guilty of trespass when he knowingly enters or remains unlawfully in or upon premises.
Trespass is a violation.
Section 140.10 Criminal trespass in the third degree.
A person is guilty of criminal trespass in the third degree when he knowingly enters or remains unlawfully in a building or upon real property
(a) which is fenced or otherwise enclosed in a manner designed to exclude intruders; or
(b) where the building is utilized as an elementary or secondary school or a children's overnight camp as defined in section one thousand three hundred ninety-two of the public health law or a summer day camp as defined in section one thousand three hundred ninety-two of the public health law in violation of conspicuously posted rules or regulations governing entry and use thereof; or
(c) located within a city with a population in excess of one million and where the building or real property is utilized as an elementary or secondary school in violation of a personally communicated request to leave the premises from a principal, custodian or other person in charge thereof; or
(d) located outside of a city with a population in excess of one million and where the building or real property is utilized as an elementary or secondary school in violation of a personally communicated request to leave the premises from a principal, custodian, school board member or trustee, or other person in charge thereof; or
(e) where the building is used as a public housing project in violation of conspicuously posted rules or regulations governing entry and use thereof; or
(f) where a building is used as a public housing project in violation of a personally communicated request to leave the premises from a housing police officer or other person in charge thereof; or
(g) where the property consists of a right-of-way or yard of a railroad or rapid transit railroad which has been designated and conspicuously posted as a no-trespass railroad zone, pursuant to section eighty-three-b of the railroad law, by the city or county in which such property is located.
Criminal trespass in the third degree is a class B misdemeanor.
excellent! Thanks for posting
No problem! Ironically, I just today followed up on this with a friend of mine who is a New York State Trooper. This is the first I'd seen him in several months. I proposed a hypothetical situation to him:
"... Say you're driving down the road in your patrol car, and you see someone you don't know on a parcel of land, the owners of which you do know. The land is unposted, and has no fencing. Do you stop and warn/cite/arrest the people on that land?"
His (summarized) response was: "If the land is overgrown with brush and scrag, i.e. apparenly unused, then no. If the land is cared for or obviously in use, such as a farmer's field that's been recently tilled, or someone's well manicured lawn, and is otherwise unfenced or unposted, I would approach the subject to validate their presence on the land. This may involve getting in contact with the landowner, or the subject may have a wriiten permission slip on his/her person which I would be obligated to abide. If the land is 'unused' and there are posted signs or a fence, I would also approach the subject to validate their presence and follow the same logic."
I asked him what the penal course of action would be, and he stated that if the landowner calls and DOES NOT want to press charges, he simply gives a warning to the subject to leave the premesis immediately. If the subject is uncooperative, or if the landowner DOES want to press charges, then a citation/appearance ticket is issued, or the subject may be arrested depending on the degree of and reason for trespass. If someone trespasses onto farmland to tend to their hidden marijuana crop, then "they are going to jail, not passing go, and not collecting $200." If a hiker has inadvertantly strayed off course, usually he tries to get the landowner to not press charges, he said. He also stated that it happens more often than one would think.
So, in a nutshell, it's still a good idea to do research and find out the status and ownership of the land, and obtain any needed permission before hiking it, BUT inadvertant trespass is "[usually] not a big deal, as long as you cooperate with the landowner or authorities in rectifying the situation as quickly as possible."
Hope this info helps!
I believe the private property that this waterfall is located on is finally for sale, and the listing included a single photo of the waterfall behind the house. This is a screencap of the listing photo:
7 posts • Page 1 of 1