San Bernardino County Off-Highway Vehicle (OHV) Ordinance #3973
History:
San Bernardino County has had an Off-Highway Vehicle (OHV) ordinance for nearly 40 years.
Ordinance #1590, adapted in 1970 related to “MOTORCYCLES AND OFF-THE-ROAD VEHICLES”. It required spark arrestors and mufflers and that noise not exceed state motor vehicle code limits. Interestingly, it addressed the problem of trespass, by requiring “written permission”.
Ordinance #1590 was rewritten as #3096 in 1986 amending the trespass section to agree with state law.
In 2006 the ordinance was rewritten once more, this time as #3973.
It would now ignore State law with respect to private property and include the requirement of a “Staging Permit”.
The County Board of Supervisors originally charged Code Enforcement Director Randy Rogers to come up with an ordinance to satisfy complaints that had been brought to the Board’s attention by anti-OHV groups such as COW, ARR and others, on behalf of some local communities.
Rogers, with the approval of County Council, brought forward a Code resembling the one that Riverside County is presently in litigation over. So the Board figured a little citizen input wouldn’t hurt. Someone suggested a “Stakeholder” committee and wa-la, just two meetings later, 3973.
#3973 then was designed by a group of so called stakeholders from around the County. But none of them represented the third district, including, Morongo Valley, Yucca Valley, Joshua Tree, Yucca Mesa, Flamingo Heights, Landers, Homestead or Johnson Valleys, even though their proximity to the Johnson Valley OHV recreation area leaves these communities and their businesses with the greatest investment in off-road issues in the entire County.
Seven of the nine stakeholders were decidedly Anti-OHV. And five of those were anti-access as well, backed by such organizations as the California Wilderness Coalition, the Trust for Public Lands, the Sierra Club, the wilderness Society, the Desert Protective Council, and the Alliance for Responsible Recreation (ARR) and of course all the affiliates of these organizations. How do we know? Well, they put it right on their résumés. You can’t make this stuff up!
Our off-road community was represented by the Off Road Business Association (ORBA), with help from the law firm EcoLogic Partners Inc. EcoLogic represents four other off-road organizations as well (including CORVA), although none of them were at the table. In fact ORBA crashed the party themselves after they got wind of what Director Rogers wanted to do. They didn’t get an invite.
Overseeing the Stakeholders that created this Code was the bodacious Code Enforcement Director himself. That doesn’t seem like the Cowboy way, does it? Law enforcement making the law they enforce!
And, those that coughed up this ordinance will tell you without so much as a wink, that “everyone agreed to it”. The fact of the matter, is that those who will be most affected by it, don’t even know about it, yet.
None the less, San Bernardino County’s new OHV Code # 3973 was agreed to by the Stakeholders and adapted by the Supervisors May 2, 2006 and went into effect that July. The very telling video record of that hearing is available from the Clerk of the Board.
In late August of that year (06) it was brought to the attention of a family (ours) gathering at Grandma’s cabin in near Giant Rock that, such an assemblage is now illegal without a $155.00 permit from the County, and permission slips from Grandma.
28.0404 Staging; Permit Required.
No person shall organize, conduct, or participate in staging, as defined 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…
28.0403 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…
Well, we felt this was a “revolting development”. So about mid October we, with our like minded neighbors and a whole bunch of friends formed (what else) the Friends of Giant Rock off-road club, to see if something better couldn’t be done.
Turns out it can and FOGR, as we call ourselves, is working on it. But it’ll take everyone to get her done. You can see the entire ordinance, our proposed changes and much much more at our website. www.friendsofgiantrock.com . You can also apply for membership if you’re of a mind to.
But let’s not make this long story any longer… after untold hundreds of letters and petitions, three postponements, a heck of a lot of work and the presentation, by FOGR, of a very workable alternative, the County finely called for a revisiting.
At the County seat last August 21, 2007, a marathon, 6 ½ hour battle ensued between off-road enthusiasts and a double handful of wet blankets with agendas reaching far beyond this County.
A throng of “Real Folks” filled the chamber, the upper mezzanine, the hallways, the foyer and even spilled out into the building’s main entrance. Many watched from a monitor outside, many never got in at all but stayed hour after hour nonetheless. When the off-roaders were asked to stand, to show their numbers, it was pretty impressive.
Those that spoke against any changes were either representing global activists and/or affiliates whom we’ve all heard before. Or they were from local groups, mostly COW, inspired by such mentors. There was no shortage of extraordinary claims that remain un-substantiated. There were no Police reports supporting their tales of murder and mayhem but there was a lot of “… Oh, I should have brought my pictures…” In a nut shell they were those who wrote the thing in the first place, including Director Rogers.
In contrast, no one could be prouder than God himself of those that spoke so eloquently defending the positions of not only the off-road community but that of all of those who still truly do understand the difference between right and wrong. They were polite, sincere, and articulate. They were impressive. They made intelligent and convincing argument without being at all derogatory. They raised the tough questions and their parents and the rest of us adults didn’t do too badly either.
If you weren’t there, you really should see the movie. http://sanbernardino.granicus.com/MediaPlayer.php?view_id=7&clip_id=347
At the end of the day, the Supervisors decided to make decisions another day. All concurred that changes were needed, at least to the staging permit section and to the application. They used words such as “streamlining” and “tweaking”. But they kept the ordinance as is, pending further study.
Supervisors Mitzelfelt and Hansberger, whose desert areas offer more riding opportunity than the three other districts combined, agreed to collaborate on the changes. They made no specific commitments however, as to what or when.
So with the Supervisors working so hard to fix 3973, and re-election lurking just around the corner now, I’m sure they could use a little help deciding what their constituency really wants.
Write them. E mail them. Call them. Our elected officials need to know what our voting block looks like.
You can bet they are hearing plenty from that squeaking wheel on the other side of this ride.
This History was provided by Friends Of Giant Rock www.friendsofgiantrock.com