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Foes: Enforcing ORV code could be impossible
By Sara Munro / Hi-Desert Star
JOSHUA TREE - A larger than average crowd turned out at the Joshua Tree Municipal Advisory Committee meeting last week to make public comment on a draft off-road vehicle ordinance presented by county Code Enforcement Supervisor Randy Rogers.
After the discussion, the MAC showed its support for the ordinance by a vote of 4 -1. Advisory member Mickey Luckman dissented.
Slightly more commentary was made on behalf of the ordinance than against. Yucca Valley and Joshua Tree residents and business owners weighed in on the proposed ordinance,which would address ORV use in Joshua Tree and any unincorporated area of San Bernardino County.
Those on both sides of the issue spoke about the ongoing problem of enforcing ORV laws and the need for more law enforcement.
"We need to get the county to support us with law enforcement," said Joshua Tree resident Dudley Heller, who supported the ordinance.
The owner of Hutchins Automotive in Yucca Valley, Chris Hutchins, spoke out against the ordinance and in support of more enforcement.
"My industry needs to grow," he added.
The ordinance prohibits riding within 200 yards of private residences, structures or fence lines, and requires that anyone riding on private property must carry the written permission of the owner.
Some opponents of the ordinance claimed enforcing these regulations would be difficult or impossible, and suggested that an ordinance could be better enforced based on how much noise the ATVs make at the time of a complaint. Proponents of the ordinance argued it could be difficult to document noise levels in their neighborhoods.
"I'm against the ordinance because it limits what I like to do," said Howard Parrot of Joshua Tree, who also suggested off-roading is a valuable activity for young people.
Most seemed to agree, however, that renegade and nuisance riders, in some cases kids riding irresponsibly or unethically, and out-of-towners are the problem.
"All you riders, you have to pass this down to your buddies. You have to cool it," said a Joshua Tree man identifying himself as Bruce, a "responsible rider and an environmentalist."
He opposed the ordinance, saying, "Passing laws only stops the law-abiding. There are many people who are legally riding their vehicles."
Jason Freed of the Alliance for Responsible Recreation spoke on behalf of his constituency, who supported the ordinance.
"This ordinance is a good-neighbor policy," he said, echoing opening statements by Rogers, who authored the draft ordinance.
"There are some things not currently in county code that will address the renegades. It will do a lot to help curb the issues here."
The only public comment offered with a specific example of the conundrum of enforceability came toward the end of the session from Joshua Tree resident and Yucca Valley High School teacher Cindy Zacks, who supported the ordinance and explained why.
Zacks has a view of a large parcel owned by out-of-state residents. She said she has seen the owners post "no trespassing" signs and noticed them missing within 48 hours. She sees riders there frequently and has witnessed the damage they have done to this private property.
She said students in her sciences classes talk about riding in the desert. "What I hear is 'It's fun. I don't care. I don't care how many tortoise I run over. I don't care how many plants I tear down,'" she claimed.
After the discussion, the MAC showed its support for the ordinance by a vote of 4 -1. Advisory member Mickey Luckman dissented.
Slightly more commentary was made on behalf of the ordinance than against. Yucca Valley and Joshua Tree residents and business owners weighed in on the proposed ordinance,which would address ORV use in Joshua Tree and any unincorporated area of San Bernardino County.
Those on both sides of the issue spoke about the ongoing problem of enforcing ORV laws and the need for more law enforcement.
"We need to get the county to support us with law enforcement," said Joshua Tree resident Dudley Heller, who supported the ordinance.
The owner of Hutchins Automotive in Yucca Valley, Chris Hutchins, spoke out against the ordinance and in support of more enforcement.
"My industry needs to grow," he added.
The ordinance prohibits riding within 200 yards of private residences, structures or fence lines, and requires that anyone riding on private property must carry the written permission of the owner.
Some opponents of the ordinance claimed enforcing these regulations would be difficult or impossible, and suggested that an ordinance could be better enforced based on how much noise the ATVs make at the time of a complaint. Proponents of the ordinance argued it could be difficult to document noise levels in their neighborhoods.
"I'm against the ordinance because it limits what I like to do," said Howard Parrot of Joshua Tree, who also suggested off-roading is a valuable activity for young people.
Most seemed to agree, however, that renegade and nuisance riders, in some cases kids riding irresponsibly or unethically, and out-of-towners are the problem.
"All you riders, you have to pass this down to your buddies. You have to cool it," said a Joshua Tree man identifying himself as Bruce, a "responsible rider and an environmentalist."
He opposed the ordinance, saying, "Passing laws only stops the law-abiding. There are many people who are legally riding their vehicles."
Jason Freed of the Alliance for Responsible Recreation spoke on behalf of his constituency, who supported the ordinance.
"This ordinance is a good-neighbor policy," he said, echoing opening statements by Rogers, who authored the draft ordinance.
"There are some things not currently in county code that will address the renegades. It will do a lot to help curb the issues here."
The only public comment offered with a specific example of the conundrum of enforceability came toward the end of the session from Joshua Tree resident and Yucca Valley High School teacher Cindy Zacks, who supported the ordinance and explained why.
Zacks has a view of a large parcel owned by out-of-state residents. She said she has seen the owners post "no trespassing" signs and noticed them missing within 48 hours. She sees riders there frequently and has witnessed the damage they have done to this private property.
She said students in her sciences classes talk about riding in the desert. "What I hear is 'It's fun. I don't care. I don't care how many tortoise I run over. I don't care how many plants I tear down,'" she claimed.
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GGWebGrrl wrote on Jan 17, 2009 1:59 PM: