ATVers kick up legal dust

SAN BERNARDINO COUNTY: An ordinance would up the penalties for off-roading on private property.

12:55 AM PDT on Sunday, July 24, 2005

By IMRAN GHORI / The Press-Enterprise

Off-road Ordinance

A draft county ordinance prohibits operation of off-road vehicles within 200 yards of a residence not owned by the rider and properties enclosed by a fence, unless written permission is provided.

Fines: $200 for a first penalty; up to $1,000 and/or 90 days in jail for four violations within three years.

Growing conflicts between off-road vehicle enthusiasts and property owners have led San Bernardino County officials to consider an ordinance that would limit where off-roaders could ride.

The ordinance, still in draft stage and being circulated to advisory boards in the desert communities, could go to the Board of Supervisors by September at the earliest, said Randy Scott, advanced planning chief for the county.

The proposal would bar off-road use within 200 yards of a home, unless the property owner provides written permission.

It would allow authorities to cite violators who create excessive noise, dust, smoke or fumes.

Penalties would range from a $200 fine for a first violation to a $1,000 fine or 90 days in jail for four or more violations within three years.

Randy Rogers, code enforcement chief for the county, said the ordinance is a response to growing complaints from desert residents who say that off-roaders are riding through their properties, kicking up dust and creating noise.

"It's been an ongoing problem for years, but it's getting worse," said Ron Dunlop, a member of the El Mirage Municipal Advisory Committee, which backed the draft.

Many riders don't seem to realize that a good portion of the land they're riding on is private property.

"They think it's all open," Dunlop said.

Jenny Wilder, a resident of Spring Valley Lake near Victorville and coordinator for Friends of Juniper Flats, a resource protection group, backs the draft ordinance.

Some riders are polite when told they are on private property, but others ignore property owners who ask them to stay off, she said.

"They don't seem to care about destroying private property with their vehicles," Wilder said..........................

http://www.pe.com/localnews/sanbernardino/stories/PE_News_Local_B_boffroad24.427b3b9.html