The Desert Protective Council
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Successes
SAN BERNARDINO

San Bernardino OHV Ordinance Working to Curb Irresponsible Recreation, Protect Private Property Rights

The deserts of San Bernardino County are safer and quieter this season, thanks to an ordinance passed by the county’s Supervisors and supported by a variety of gruoups, DPC among them.

Photo courtesy Community ORV Watch
Spearheaded by Community ORV Watch in San Bernardino, the new Off-Highway Motor Vehicle Use code limits the number of OHV users who can ride on private land at one time, and establishes heavier fines for trespass on private and public land. According to Philip Klasky, resident and member of the Community ORV Watch Steering Committee, “The ordinance was passed unanimously by the board and was a result of a grass-roots effort by a diverse coalition of individuals and groups.”

In recent years, the problems of trespassing, noise, and dust pollution generated by large groups of off-roaders have made life nearly intolerable for the many Morongo Basin residents who cherish the peace, quiet and clean air of the desert. A number of these residents have also been threatened with physical violence for simply trying to protect their own land from trespassers. To respond to these threats to private property rights and quality of life, Morongo Basin residents founded Community ORV Watch, with the help of our own Terry Weiner during her hiatus from DPC employment. The group has been remarkably successful in bringing attention to these problems and in crafting the new ordinance. DPC was present at the Board of Supervisors hearing to give testimony in support of the new rules.

Specifically, the ordinance requires groups of more than 10 riders to acquire a special event permit to ride on private lands where the owner allows off-roading. It has become a common practice for individual off-roaders to buy a parcel of desert land as a “weekend place” to ride. When these owners invite large groups to ride on their land, the resulting noise and dust pollution severely affect the quality of life for nearby residents. In addition to requiring a permit, the new code specifically prohibits “disturbing the peace and quiet” of any “neighborhood or person” with a motor vehicle.

In addition to increasing impacts on communities, recent years have also seen increasing OHV abuse of public lands, including wilderness, in the High Desert. COW volunteers have documented tracks heading into wilderness areas, illegal target shooting sites and trash dumps nearly a mile inside the Cleghorn Wilderness, and vehicle tracks in and around the historic Post Homestead ruins.

For enforcement in all of these areas, the code enacts stiffer penalties for violating any section of the ordinance. Beginning at $200 for a first offense, the penalties reach $1000 for a fourth offense within three years. According to an article in the Hi Desert Star Presidents Day weekend seemed quieter than past years, showing that the law has had some effect. According to Klasky, “The San Bernardino County ORV ordinance has been an effective tool for both residents and law enforcement to help deal with the epidemic of ORV abuse of private and public lands.”

Despite problems with enforcement, the new ordinance is a step forward, and DPC is glad to see Community ORV Watch standing up for private property rights, habitat conservation, and our nation’s cultural heritage. We’re proud of the part we played in this success, and are looking forward to helping with similar legislation in other areas.

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A Win for the San Bernardino OHV Ordinance, More Work to Do

In a victory for Community ORV Watch, the Alliance for Responsible Recreation, and the Desert Protective Council, San Bernardino County’s Board of Supervisors voted unanimously on August 21st to uphold the county’s OHV ordinance, which protects both private property owners

SB meeting, 08-21-07
and public lands from reckless (and wreckful) OHV abuse. The citizens of Wonder Valley and other high desert communities can feel secure that what was once a scourge on their peaceful way of life is coming under control. However, the Supes did agree to study further the question of how many riders (or vehicles) can gather on a single property without getting a “staging permit” from the county Code Enforcement office. Off-roaders believe that the current limit of 10 people is too restrictive. Community ORV Watch and DPC will be engaging with County Code enforcement and the Board of Supervisors to ensure that this element of the code is not weakened.

This victory is significant not just for the benefit it provides the desert communities of San Bernardino, but because it demonstrates the power of citizen and community groups to oppose the powerful and highly motivated OHV lobby. Similar efforts to mobilize the average citizen (as opposed to the usual suspects in conservation campaigns) are vital if we are ever to achieve reasonable statewide OHV legislation.

For more on this victory see this L.A. Times article and the Community ORV Watch website.

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last updated: August 28, 2008