cutaccross2
Member
- Jun 18, 2004
- 7
- 0
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.
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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
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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.
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(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
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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).
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(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.
______________________________
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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
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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.
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(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
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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).
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(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.
______________________________
