You can't assume that just because there is a sidewalk and strip of grass between it and the street that the strip of grass is public property. .....
This has come up MANY times in the past, in the discussions of this topic.
You're right : Some municipalities might have the curb-strip entirely publically owned . Ie.: the homeowner's property ends at the sidewalk. EVEN though the homeowner, no doubt, mows the sidewalk strip. In
other municipalities, the homeowners property goes all the way to the street (ie.: he "owns" the parking strip). *HOWEVER*, there is an easement that allows public access. Such that .... if your passenger gets out of the vehicle on the driver side, and (gasp) steps on the sidewalk, he's not trespassing. And yet
other places, perhaps they own all the way to the middle of the street.
But in EACH AND EVERY CASE (even if it can be argued that the homeowner "owns" the strip), yet : No one bats an eye if the city is doing public utility work there. Or if a passenger (gasp) get out of the passenger side of the vehicle there. Right ?
...., nor does it give access for any other purpose than intended. .....
There seems to be a subtly implied notion here. For example : You would probably agree that "getting out of one's car on the passenger side" is on ok "purpose". Right ? Yet I'll bet you dollars to donuts that you can not find that anywhere "spelled out". Ie.: I challenge you to find me an "express allowance" that "allows" someone to get out of the passenger side of a vehicle, and step on the grass. You won't find it. Why ? Because it's utterly silly to even worry or think about such-a-thing. No one has to "make a law allowing it", because .... it's just a "given" that it's harmless.
Ok, then is md'ing necessarily "harm
ful"
If so, then I'd agree that it's therefore "not for the intended purpose". It all depends on how you define md'ing. If we define it as harm
ful , then sure : Ask permission or don't do it. I, however, do not consider md'ing harmful. I consider it as benign and innocuous as someone simply walking there.