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-   -   Golf Cart "driveway" behind Mallory CC to Morse MMP (https://www.talkofthevillages.com/forums/villages-florida-general-discussion-73/golf-cart-driveway-behind-mallory-cc-morse-mmp-329337/)

EdFNJ 02-18-2022 11:18 AM

Golf Cart "driveway" behind Mallory CC to Morse MMP
 
2 Attachment(s)
There is a 2 lane wide “golf cart driveway” (can’t think of a better way to describe it) that goes from the back of the Mallory CC parking lot down to Morse MMP which is on a hill overlooking the golf course and about 50 yards away from the course that leads to the driveway entrance to the golf course. This driveway bypasses the narrow blind curve by the tunnel that goes around Mallory CC. Wife and I have walked that “golf cart driveway” every morning for the last 4+ years and we take that path (bypass) to avoid the hill and blind curve by the Tunnel because one time I got clipped by a cart flying around the single lane blind curve while walking. Today a guy in the “booth” near this area (different one than who is usually there who we always say hello to) approached us like he was the King of Golf and told us we can’t walk there because it is “golf course property.” There is no signage that states “no pedestrians” or even that it is golf course property.

ADDED: For the many reading comprehension challenged out there: IT WAS NOT THE STARTER shack guy WHO APPROACHED ME it was the guy in the Parking Lot GAZEBO. The bagman. YA GOTTA READ before you use your keyboard!

Added: There is a sign at that entrance of that cement path FROM the Morse MMP where we walk that specifically tells you to use that entrance path to go to the COUNTRY CLUB AND THE PRO SHOP which also includes the parking lot. The sign does not specify you have to drive there.



While I DO NOT DISPUTE WHETHER IT IS GOLF COURSE PROPERTY or not I do wonder if there is any specific RULE that says pedestrians are not permitted in that cart driveway which is not directly connected to the course in any way? THIS IS NOT ON OR NEAR the course or golf course path itself but up on a hill overlooking the course probably 50 yards down the hill from the course.

Who would I contact to discuss this if I want to question it or suggest they put a "no pedestrians" sign up if it is the case. If you are not familiar with this specific area you would have to see it to understand it's location relative to the course itself (it's nowhere near it).

Edit to add: If they decided to "enforce" this alleged rule what can they do since there are ZERO signs posted stating "no pedestrians" ? Unless it is properly marked what can they do?

And another edit:
Posted signs obviously don't say "keep out private property" but "WELCOME" and not "welcome to only those playing the golf course, or only those driving golf carts."

Bill14564 02-18-2022 11:41 AM

Just for clarity, is this a concrete path that connects the the golf course path to the golf cart parking at the country club?

And where is the single-lane blind curve on the MMP near the tunnel? Or are you saying that only one lane of the MMP has the blind curve (probably the right turn from the tunnel up to the country club)?

golfing eagles 02-18-2022 11:48 AM

Quote:

Originally Posted by EdFNJ (Post 2062878)
There is a 2 lane wide “golf cart driveway” (can’t think of a better way to describe it) that goes from the back of the Mallory CC parking lot down to Morse MMP which is on a hill overlooking the golf course and about 50 yards away from the course that leads to the driveway entrance to the golf course. This driveway bypasses the narrow blind curve by the tunnel that goes around Mallory CC. Wife and I have walked that “golf cart driveway” every morning for the last 4+ years and we take that path (bypass) to avoid the hill and blind curve by the Tunnel because one time I got clipped by a cart flying around the single lane blind curve while walking. Today a guy in the “booth” near this area (different one than who is usually there who we always say hello to) approached us like he was the King of Golf and told us we can’t walk there because it is “golf course property.” There is no signage that states “no pedestrians” or even that it is golf course property.

While I DO NOT DISPUTE WHETHER IT IS GOLF COURSE PROPERTY or not I do wonder if there is any specific RULE that says pedestrians are not permitted in that cart driveway which is not directly connected to the course in any way? THIS IS NOT ON OR NEAR the course or golf course path itself but up on a hill overlooking the course probably 50 yards down the hill from the course.

Who would I contact to discuss this if I want to question it or suggest they put a "no pedestrians" sign up if it is the case. If you are not familiar with this specific area you would have to see it to understand it's location relative to the course itself (it's nowhere near it).

Edit to add: If they decided to "enforce" this alleged rule what can they do since there are ZERO signs posted stating "no pedestrians" ? Unless it is properly marked what can they do?

The guy in the "booth" (starter's shack) who acted like the "King of Golf" was 100% right and you were 100% wrong for even being there. That "golf cart driveway" is not part of the MMP, it a golf cart path ONLY, and is entirely contained on the property of the country club golf course. It is most certainly connected to the golf course, and not only is it "near the course, it runs between the practice green and the 9th green of Caroline. Any use by someone other than a golfer who has purchased a greens fee for that day is trespassing. It does not require a "no pedestrian" sign, the fact that golf courses paths are for golf carts driven by those playing is available on multiple sites on-line. It is NOT an "alleged" rule---it is THE RULE, and they can, if they so desire, legally enforce it even without a "sign". And what can they do? They can have the sheriff arrest you. (Not that they ever would, but they could). I don't think the defense of "I didn't know it was private property and that I couldn't walk there" would ever hold up in court.

bagboy 02-18-2022 11:53 AM

If I remember that path correctly, it starts in the parking lot near the bag drop and allows golf carts in the cart parking area to access the starter shacks for Caroline and Virginia nines. Amelia can be accessed through the parking lot. So it appears to be very much part of the golf course operation. Since it was apparently a starter that told the OP not to use that path to walk on, I suggest going into the pro shop and have a conversation with the head golf professional.
I would have no idea if walking is permitted there. Good luck getting a satisfactory answer.

EdFNJ 02-18-2022 12:14 PM

1 Attachment(s)
Quote:

Originally Posted by Bill14564 (Post 2062887)
Just for clarity, is this a concrete path that connects the the golf course path to the golf cart parking at the country club?

And where is the single-lane blind curve on the MMP near the tunnel? Or are you saying that only one lane of the MMP has the blind curve (probably the right turn from the tunnel up to the country club)?

No, it's 2 lanes wide concrete "road/path/driveway or whatever" and goes from the CC parking lot PAST the golf cart parking lot which is on the left side heading to Morse basically bypassing the 1 lane each way blind curve by the tunnel. Heading north on the Morse MMP there is a sharp left curve (tunnel is on the RIGHT). The tunel crosses Morse and comes out at the Virgina Trace side of the Morse circle.


See attached photo and direct link to photo because the forum kills the resolution.

Dropbox - Map.jpg - Simplify your life

golfing eagles 02-18-2022 12:22 PM

Quote:

Originally Posted by EdFNJ (Post 2062899)
No, it's 2 lanes wide concrete "road/path/driveway or whatever" and goes from the CC parking lot PAST the golf cart parking lot which is on the left side heading to Morse basically bypassing the 1 lane each way blind curve by the tunnel. Heading north on the Morse MMP there is a sharp left curve (tunnel is on the RIGHT). The tunel crosses Morse and comes out at the Virgina Trace side of the Morse circle.


See attached photo and direct link to photo because the forum kills the resolution.

Dropbox - Map.jpg - Simplify your life

I think both bagboy and I know exactly the path to which you are referring. It is NOT a "road/path/driveway or whatever". It is a golf cart only path for those playing golf at Mallory Hill Country Club. It is an integral part of the course, on private property, and my response stands, as does that of the Caroline starter.

EdFNJ 02-18-2022 12:45 PM

Quote:

Originally Posted by golfing eagles (Post 2062890)
The guy in the "booth" (starter's shack) who acted like the "King of Golf" was 100% right and you were 100% wrong for even being there. That "golf cart driveway" is not part of the MMP, it a golf cart path ONLY, and is entirely contained on the property of the country club golf course. It is most certainly connected to the golf course, and not only is it "near the course, it runs between the practice green and the 9th green of Caroline. Any use by someone other than a golfer who has purchased a greens fee for that day is trespassing. It does not require a "no pedestrian" sign, the fact that golf courses paths are for golf carts driven by those playing is available on multiple sites on-line. It is NOT an "alleged" rule---it is THE RULE, and they can, if they so desire, legally enforce it even without a "sign". And what can they do? They can have the sheriff arrest you. (Not that they ever would, but they could). I don't think the defense of "I didn't know it was private property and that I couldn't walk there" would ever hold up in court.

Like your reply the "King of Golf" who sits in his wooden shack didn't need to cop an attitude with us because he ain't the King but just a low wage employee on a power trip likely filling in for the guy who we always have a pleasant conversation with. There are NICE ways to explain things to those who don't know without copping a 'tude which is SOP around here for many.

ANYWAY, It's an ALLEGED RULE because I have not been able to find it or any such publication of any no public access of golf cart driving areas rules. Please link me to all these rules so I can see where I went wrong. I would appreciate that if they do exist.

As far as trespassing goes, they wouldn't have a chance in heck to "win" on that because no one except a golf maven such as yourself who has evidently read all the rules would know anything about that driveway unless it was marked "no pedestrian traffic" whether they have to or not. I don't play golf so how could I (or any of the dozens of others we see there every day) possibly know you can't walk on a golf cart driveway?

I DO assume it is logical and common sense you can't walk on the golf course itself however not being permitted to walk on a 2 lane concrete driveway that is NOT ON OR NEAR the golf course is NOT common sense to any average person and would be prohibited so they would have a tough time getting a conviction on that without any proper signage posted.

That path sets about 12 feet BELOW the putzing practice green and provides NO ACCESS to it as you have to access it from the cart parking lot or behind the CC and if it did, so what does that have to do with walking?

EdFNJ 02-18-2022 12:53 PM

Quote:

Originally Posted by golfing eagles (Post 2062902)
I think both bagboy and I know exactly the path to which you are referring. It is NOT a "road/path/driveway or whatever". It is a golf cart only path for those playing golf at Mallory Hill Country Club. It is an integral part of the course, on private property, and my response stands, as does that of the Caroline starter.

Please show me where it is posted "GOLF CARTS ONLY." Seriously now, how would ANYONE possibly know that unless it was posted or written somewhere? I know this topic obviously incenses you to no end because you are all knowing about golfing but just relax a second, take a few slow deep breaths and put yourself in the place of anyone (especially non-golfers) who might see a 2 lane concrete "road/path/driveway or whatever" and say "gee, what a nice place to take a stroll." :1rotfl:

Quote:

Originally Posted by golfing eagles (Post 2062890)
I don't think the defense of "I didn't know it was private property and that I couldn't walk there" would ever hold up in court.

It absolutely is a defense and would hold up in court in a second again because of the "what would any logical person think" rule.

golfing eagles 02-18-2022 01:12 PM

Quote:

Originally Posted by EdFNJ (Post 2062912)
Please show me where it is posted "GOLF CARTS ONLY." Seriously now, how would ANYONE possibly know that unless it was posted or written somewhere? I know this topic obviously incenses you to no end because you are all knowing about golfing but just relax a second, take a few slow deep breaths and put yourself in the place of anyone (especially non-golfers) who might see a 2 lane concrete "road/path/driveway or whatever" and say "gee, what a nice place to take a stroll." :1rotfl:

It absolutely is a defense and would hold up in court in a second again because of the "what would any logical person think" rule.

Actually, I couldn't care less if you walk there or not. It is not MY private property. You are the one all out joint because the Caroline starter came out and told you that you were walking on the private property of Mallory Hill Country Club. If you think this "incenses me", think again. If you think it incenses that starter, I doubt it, but he is an employee of the golf course. If they allow a non-greens fee holder, non-golfer to walk on their private property, just who do you think is liable if you get injured???? And if you just didn't know, then you just didn't know, but now you do. I don't agree with your "doubling down" on the path as being nowhere near the golf course, and I think you would have a hard time finding anyone else to agree. I would also tend to disagree that ignorance of the law is an absolute defense. That being said, peace.:icon_wink:

Bill14564 02-18-2022 01:24 PM

Quote:

Originally Posted by EdFNJ (Post 2062912)
Please show me where it is posted "GOLF CARTS ONLY." Seriously now, how would ANYONE possibly know that unless it was posted or written somewhere? I know this topic obviously incenses you to no end because you are all knowing about golfing but just relax a second, take a few slow deep breaths and put yourself in the place of anyone (especially non-golfers) who might see a 2 lane concrete "road/path/driveway or whatever" and say "gee, what a nice place to take a stroll." :1rotfl:

It absolutely is a defense and would hold up in court in a second again because of the "what would any logical person think" rule.

I'm enjoying the back and forth here.

You've been here longer than I have but even I have observed that almost all concrete "paths" are golf course paths. There are exceptions, but they are few and they are much shorter than the "driveway."

The "driveway" connects an obvious golf course path with an obvious golf cart parking area, runs next to a golf course, runs along the practice green, and ends at the Country Club: it would take a lot for the "logical person" to miss all those indications that it is part of the golf course.

Ignorance as a defense went out the window this morning when it was made clear (though it should have been clear already) that it is a golf course path on golf course property.

In another post you seem to differentiate between a two-lane driveway and the one-lane-each-way MMP. On Google maps (not the best source but the best I have right now) it appears that the one-lane-each-way MMP is actually wider.

I do remember that right turn out of the tunnel being a bit blind but there are far worse blind corners at nearly every gatehouse.

If walking on the two-lane driveway which happens to be a golf course path is okay then wouldn't walking on the other golf course paths be okay too? And further, if paths are not off limits then why would *any* of the golf course areas (greens, fairways, etc) be off limits - why can't we walk on any of that? If the reason is because those areas are reserved for golf course use, then that reason applies to the concrete "driveway" as well.

And finally, what does it really hurt if someone walks on that path when not carrying a bag of clubs? Sure, one could say, "I'm a golfer and that is for golf course use only!" and while they would be correct, what does it really hurt?

Mosells 02-18-2022 01:44 PM

The Villages enforce its golf course trespassing rules to mitigate liability. If your are trespassing and injured by a golf cart driver our hit by an errant golf ball, you may have an injury claim. Unless they enforce their no trespassing rules. Just accept that you are incorrect and move on.

Bill14564 02-18-2022 01:50 PM

Quote:

Originally Posted by Mosells (Post 2062933)
The Villages enforce its golf course trespassing rules to mitigate liability. If your are trespassing and injured by a golf cart driver our hit by an errant golf ball, you may have an injury claim. Unless they enforce their no trespassing rules. Just accept that you are incorrect and move on.

Is the liability any different if you are carrying your bag and get injured by a golf cart driver or hit by an errant ball?

drcar 02-18-2022 02:13 PM

Simple answer to the issue:
Did you talk to the facility manager at Mallory?
Did you call golf administration?

EdFNJ 02-18-2022 02:15 PM

Quote:

Originally Posted by Bill14564 (Post 2062923)
I'm enjoying the back and forth here.

You've been here longer than I have but even I have observed that almost all concrete "paths" are golf course paths. There are exceptions, but they are few and they are much shorter than the "driveway."

The "driveway" connects an obvious golf course path with an obvious golf cart parking area, runs next to a golf course, runs along the practice green, and ends at the Country Club: it would take a lot for the "logical person" to miss all those indications that it is part of the golf course.

It's not part of the GOLF COURSE (that is a thing in and of it's self). I do agree that It may be part of the golf course and proshop's and country club's property. I have never read any rules that say you can't walk on this type of area and really don't think there are any in writing or "the experts" would have posted them for which I anxiously are awaiting.

Quote:

Ignorance as a defense went out the window this morning when it was made clear (though it should have been clear already) that it is a golf course path on golf course property.
And why should I believe what that guy said was authorized by anyone else except himself ? Been doing that for years and no one has ever complained. Also, while it may be a part of the golf course area in general it is NOT a "golf course path" as it is nowhere near or on the golf course at ANY point along it. Most logical minds would think the "golf course path" in on THE GOLF COURSE. This is an "access" point as is the Morse MMP which is closer to the actual course entry. ;)

Quote:

In another post you seem to differentiate between a two-lane driveway and the one-lane-each-way MMP. On Google maps (not the best source but the best I have right now) it appears that the one-lane-each-way MMP is actually wider.
OK, and what does that have to do with the price of peanuts on the open market?

Quote:

I do remember that right turn out of the tunnel being a bit blind but there are far worse blind corners at nearly every gatehouse.
Yes there are (like going north on the MMP around Stillwater which they just FIXED by taking down all the tall shrubbery) however the issue here isn't the tunnel at all as it has a mostly ignored stop sign it's the carts flying down the hill to continue up Morse and the carts coming up the hill to go up O'Dell. There is no safety area there except on top. Not a fun place to walk especially since I got clipped a number of years ago.

Quote:

If walking on the two-lane driveway which happens to be a golf course path is okay then wouldn't walking on the other golf course paths be okay too? And further, if paths are not off limits then why would *any* of the golf course areas (greens, fairways, etc) be off limits - why can't we walk on any of that? If the reason is because those areas are reserved for golf course use, then that reason applies to the concrete "driveway" as well.
That's a bad anology. Go there and look at it. :) This course is down a large fenced embankment maybe 20 feet high and 50 yards away. One thing has nothing to do with the other. While it may be 100% true no person would logically think it not be permitted unless it was marked as such due to how it is located within the Mallory CC area.

Quote:

And finally, what does it really hurt if someone walks on that path when not carrying a bag of clubs? Sure, one could say, "I'm a golfer and that is for golf course use only!" and while they would be correct, what does it really hurt?
YAY! FINALLY! Exactly my point. :a040::a040:
.... I think well over 4 years doing that should have set a precedent of some sort. :D :D

EdFNJ 02-18-2022 02:17 PM

Quote:

Originally Posted by drcar (Post 2062943)
Simple answer to the issue:
Did you talk to the facility manager at Mallory?
Did you call golf administration?

No, as I have no idea who or what or where they are and did ASK that question in my OP, who to contact. As I mention, we are not golfers.


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