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General Moto | Off-Topic Posts
Proposed San Bernardino Ordinance
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[QUOTE="cutaccross2, post: 1031748, member: 54482"] The meeting on this ordinance will be at 10AM at385 N. Arrowhead ave. San Bernardino.The 2 sections that will hurt us are 28.043 Landowners permission and 28.044 staging.It`s a bad time but we need to fight this. -1- #259426v.5/RCC 2/16/2006 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. ________ AN ORDINANCE OF THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, REPEALING AND RE-ENACTING CHAPTER 4 OF DIVISION 8 OF TITLE 2 OF THE SAN BERNARDINO COUNTY CODE, RELATING TO OFFHIGHWAY MOTOR VEHICLE USE. WHEREAS, many rural or unoccupied areas within the County of San Bernardino are rapidly urbanizing with residential uses; WHEREAS, as of 2003, the California Department of Parks and Recreation reports that the number of registered off-highway motor vehicles in Southern California exceeds 312,000, and that ownership and recreational use of off-highway motor vehicles is continuing to increase in popularity; WHEREAS, as a result of the urbanization of previously rural areas and the growing popularity of off-highway motor vehicles, the unregulated use of offhighway motor vehicles within San Bernardino County is increasingly jeopardizing the health, safety, and welfare of many residential neighborhoods due to the secondary effects of off-highway motor vehicle use such as noise, dust, smoke, and fumes; WHEREAS, the climatic conditions in the County of San Bernardino, such as extreme dryness, wind, and open desert environments, tend to increase the secondary effects of off-highway motor vehicles operated in and around urbanizing areas; WHEREAS, local, state, and federal agencies have designated and set-aside specific areas, trails, and routes for the express purpose of allowing the safe and non-offensive recreational use of off-highway motor vehicles, many of which are located within the County of San Bernardino; WHEREAS, pursuant to Article XI, Section 7, of the Constitution of the State of California, the County of San Bernardino is authorized to adopt and enforce regulations for the protection of the public health, safety, and welfare that are not in -2- #259426v.5/RCC 2/16/2006 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 conflict with the general laws of the state; and WHEREAS, pursuant to Section 38301 of the California Vehicle Code, the County of San Bernardino is authorized to adopt special regulations related to the operation of off-highway motor vehicles on public lands. NOW THEREFORE, the Board of Supervisors of the County of San Bernardino, State of California, ordains as follows: SECTION 1. Chapter 4 of Division 8 of Title 2 of the San Bernardino County Code is repealed in its entirety. SECTION 2. Chapter 4 is added to Division 8 of Title 2 of the San Bernardino County Code, to read: “Chapter 4: OFF-HIGHWAY MOTOR VEHICLE USE Sections: 28.041 Definitions. 28.042 Applicability. 28.043 Operating Without Permission on Private or Public Property Prohibited. 28.044 Staging; Permit Required. 28.045 Noise Limits. 28.046 Disturbing the Peace and Quiet Prohibited. 28.047 Penalty. 28.041 Definitions. For purposes of this chapter, the following words and terms shall have the definitions and meanings set forth below: (a) “Highway” means any road, street, way, or place, publicly maintained and open to use by the public for purposes of vehicular travel. For purposes of this chapter, the term “highway” does not include fire trails, logging roads, service roads regardless of surface composition, any dedicated roadway or easement for road purposes that has not been accepted into the road system of the appropriate governmental jurisdiction, or other roughly graded trails and roads upon which vehicular travel by the public is permitted. -3- #259426v.5/RCC 2/16/2006 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (b) “Motor vehicle” shall have the meaning set forth in section 415 of the California Vehicle Code. (c) “Off-highway motor vehicle” shall have the meaning set forth in section 38006 of the California Vehicle Code. (d) "Staging" shall mean a formal or informal assembly or gathering of offhighway vehicles, or other vehicles and equipment accessory thereto, including any related camping or establishment of temporary accommodations, on private or public property for purposes of coordinating the use and operation of such offhighway vehicles on such property or the surrounding areas. 28.042 Applicability. This chapter shall not apply to the proper and legal operation of an offhighway motor vehicle on a highway or within any area, trail or route specifically designated or authorized by a local, state, or federal governmental agency for use by off-highway motor vehicles. 28.043 Operating Without Permission on Private or Public Property Prohibited. Every person who operates an off-highway motor vehicle upon the private property of another or upon any public property, except a highway, at all times while so operating shall maintain in his or her possession written permission from the person or entity that is in possession of the property or that owns the property granting permission to operate off-highway motor vehicles thereon; except that if the same document grants permission to two (2) or more persons, a person named in such document need not have such document in his or her possession while another person named in the same document, riding in the same group, and not more than three hundred (300) feet from such person, has such document in his or her possession. 28.044 Staging; Permit Required. No person shall organize, conduct, or participate in staging, as defined -4- #259426v.5/RCC 2/16/2006 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 herein, involving ten (10) or more persons, without first obtaining and maintaining on the property where such staging is occurring, a Temporary Special Event Permit pursuant to section 84.0745 of the County Code. 28.045 Noise Limits. No off-highway motor vehicle shall exceed the noise standards established in California Vehicle Code applicable to off-highway motor vehicles. 28.046 Disturbing the Peace and Quiet Prohibited. Notwithstanding any other provision in this chapter, no person shall operate any motor vehicle (including any off-highway motor vehicle), or the motor thereof, nor shall any person organize, conduct, or participate in staging (as defined herein), in a manner that disturbs the peace or quiet of any neighborhood or person by noise, dust, smoke, or fumes caused by such motor vehicle or staging activity. The Code Enforcement Division of Land Use Services Department shall establish procedures for the investigation and enforcement of this section, which shall be substantially similar to those contained in section 32.0119 of this Code, except that if the offending activity occurs in the presence of a code enforcement officer, the officer shall have the authority to issue a citation to the offending party pursuant to applicable provisions of this Code. 28.047 Penalty. (a) Except as provided in subdivisions (b), (c) and (d), a violation of this chapter is an infraction punishable by a fine of not more than two hundred dollars ($200). (b) A second violation of this chapter that is committed within three years after a prior violation for which there was a conviction is an infraction, punishable by a fine of not more than four hundred dollars ($400). (c) A third violation of this chapter that is committed within three years after two violations for which there were convictions is an infraction, punishable by a fine of not more than five hundred dollars ($500). -5- #259426v.5/RCC 2/16/2006 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (d) A fourth or subsequent violation of this chapter that is committed within three years after three or more prior violations for which there were convictions is a misdemeanor, punishable by a fine of not more than one thousand dollars ($1,000) or by imprisonment in county jail for not more than ninety (90) days, or by both fine and imprisonment. SECTION 3. This ordinance shall take effect thirty (30) days after the date of its adoption. ______________________________ [/QUOTE]
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General Moto | Off-Topic Posts
Proposed San Bernardino Ordinance
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