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Re: Improving Off-road Compliance

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July 16, 2007 01:07AM
This is from Hugh Orem on the DUSA board. He explains how the ordinance works with 602.5 PC -the California law

Dan (quote)PC 602 addresses each and every one of the issues presented by annoyed private property owners. There are, however, some significant differences, not the least of which is that Code Enforcement doesn't seem to have the authority to enforce PC 602, a state law, or I would think they would have done so before now.
I'm very interested in Hugh's take on my view that 3973 gives authority to Code Enforcement instead of simply the Sheriff Dept alone. (end quote)

Dan,

Section 602.5 PC does have huge holes in it and you are right in that part of the ordinance was meant to fill those gaps. Whether you agree with the thinking or not, here is the problem they were trying to solve. 602.5 PC requires specific sign posting at 6 per mile and every entrance to the property. On a flat desert lot every inch of it's boundary can be considered an entrance if it is passable. It is absurd to require the owner of a 40 acre parcel in Landers to fence his property or be constantly be putting up dozens upon dozens of signs just to keep people from tearing up his property. The ordinance does NOT prohibit entry onto private property. It simply regulates the land use on that property, as the County has the right to do under the State constitution. The ordinance does NOT require written permission to cross private lands which are not fenced, adjacent to structures or posted persuant to 602.5 PC. The ordinance does require written property owner permission for the land use of staging or operating an OHV, which the County has the authority to enforce, and does not conflict with the statutes you keep referring to which prevent local governments from enacting anti-trespass laws requiring property owner permission.

This ordinance does not apply to overland travel in street legal vehicles on lands mentioned above because there is federal open land law which prevails. Hope that helps clear that up.
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Improving Off-road Compliance

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