The Fun Side of Meralgia Traditional Geocache
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Difficulty:
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Terrain:
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Size: 
(regular)
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This is the third iteration of caches placed at this location, all
of which have a colorful local history. You're seeking a regular
cache within Minneapolis East River Parkway (AKA The fun side of
the river).
There is some controversy surrounding this cache placement with
regards to the legality of entering tunnels and sewer
systems.
If you are the type of person who has moral qualms about logging a
find on it, please do not. If you choose to find this cache, please
do so with the following information in mind regarding the sewer
drainage system:
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"To Whom it May Concern:
Is walking into a stormwater runoff drain legal? (I realize that
it's not a good idea, but my friend and I were debating the
legality of it). "Walking into the stormwater drain" would not
involve tampering or altering the drain in any way, and it would
NOT be accessed via a manhole cover. (I did see the article about
an individual who was recently arrested for entering the sewer
system through a manhole). There are no signs at the drain
indicating that doing so would be tresspassing. Is there an
ordinance that you could point me to? I looked, but I could not
find a statute that definitively states whether merely
"investigating" a stormwater runoff drain is or is not legal. What
do you think?" |
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Reply:
Dear Ms xx,
Your question has been referred to me. I have represented the
Minneapolis Department of Public Works since 1991 on issues
relating to sewers. I can only give you my personal thoughts,
however. I cannot give you an official opinion of the City
Attorneys Office or the Department of Public Works. This is a very
quick "off the cuff" reaction. Nothing that I say is intended to
bind the City. The City can take a contrary position upon further
review. My initial reaction to your question, however, is as
follows:
1. Storm sewers are not property that is open to the public.
2. Anyone entering a storm sewer is required to have the permission
of the City Engineer or City Council.
3. Anyone entering without permission commits the civil tort of
"trespass" and is strictly liable for compensatory damages under
civil law and could be liable for other damages as provided by
civil law.
4. Anyone entering without permission may commit various criminal
and quasi-criminal offenses as well. I am not going to list them
all and offhand on short notice don't know them all. People are on
notice, however, that we tend to view the conduct as illegal and
insist that people have permission.
See, for example, Minnesota Statutes, Section 609.055 Subd.2 (b)
which provides:
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(b) Whoever enters an underground structure
that (1) contains a utility line or pipeline and
(2) is not open to the public for pedestrian use, without claim of
right or consent of one who has the right to give consent to be in
the underground structure, is guilty of a gross misdemeanor.The
underground structure does not need to be posted for this paragraph
to apply." |
I would submit that these "drains" are in fact "sewers" operated by
the City as part of a municipal utility. They are also
pipelines.
5. Such conduct is inherently dangerous. We don't even let our own
people in there without special training and special equipment.
More and more we survey sewers with robotic cameras and other
equipment.
Cxx Cxx
Assistant City Attorney
For more information, look up 609.6055 “trespass on critical public
service facility; utility; or pipeline.” |
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This cache is placed in honor of Meralgia, whom did the right thing
by playing it safe. Of course, you all know that I like a little
danger in my cache placements ;)
Additional Hints
(No hints available.)