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Published on Community ORV Watch (http://www.orvwatch.com)

Ask Ellie - Volume 1

By orvwatch
Created 2006-11-20 16:00
Ask Ellie!!

Solving ORV problems, one at a time, neighbor to neighbor.

Send your questions to askellie at orvwatch.com

 Dear Ellie,

    I am about to sell my beloved home and workshop of fifteen years and leave the area to get away from the sheer misery caused by two felons who hide out in a nearby house that is rented by one of their relatives.  These two buzz the neighborhood day and night with ORVs, some of which, I think, are stolen.  The Sheriff seems unable to catch them and return them to jail.   I’m ready to give up and retreat in misery unless you have some clever idea about what else I can do.

Broken-Hearted in Barstow

Dear Broken-Hearted in Barstow,

    Stow your broken heart and take action – not against these felons, it’s just too dangerous – instead, go after the landlord.  The law says that you are entitled to the peaceful enjoyment of your property and the landlord who is renting to this family is robbing you of that right.  You can get a small claims court remedy forcing them to reign in or get rid of these tenants.   Besides, these outlaws range freely from coast to coast – there is no safe place to run.  Let’s make our stand on the land we love!!


With your help we can set important legal precedents.

Send your check for any amount to:

MBCA/COW Legal Defense Fund

P.O. Box 218

Twentynine Palms  92277


Dear Ellie,

    My family loves riding and we ride legally. We wear all the required gear, pay the fees, and ride ONLY on designated trails.  I am really angry at the people who treat all of us who ride like we are all outlaws.  I pay a lot of money to enjoy this with my family and I am sick of the outlaw riders giving us all a bad name.  Please tell the public that many of us obey the law and teach our children to do the same.  What can we do so that people stop giving us hate stares just because we ride.

Harassed and Hated in Helendale

 Dear Harassed and Hated,

  Wow, this is horrible!!  Hate stares are a serious problem!!.  Legal riders everywhere are being mistaken for outlaws.  Your letter made me curious about how the outlaw element came to nearly ruin off-roading.

  What I found out is that the problem is a direct result of the influence of the off-road vehicle industry on lawmakers.  Law makers were irresponsible when they caved in to industry lobbyists who opposed stand-up license plates and other devices that would allow citizens and law enforcement to identify vehicles and drivers from a safe distance.

  Our lawmakers gave the industry what it wanted and now riders and vehicles are nearly unidentifiable.  It should be no surprise, then, that off-road vehicles have become the favorite vehicle of rural outlaws; outlaws who are bolder because they know they are hard to identify.

  Don’t despair, there are some things you can do.  The sooner we put the outlaws out of business the sooner your family will lose those hate stares!!

1)  Demand well-defined rules and riding areas so that outlaw behavior is clearly identified.  Ask your lawmakers to support an ordinance in your county, then vote.

2)  Keep riding legally!!

3)  Talk to other riders and encourage them to ride legally.

4)  Demand support from the industry, after all they are making a lot of money off of enthusiasts.  They need to shoulder their responsibility and work to undo some of the damage they have done to legal riders!!

 Dear Ellie,  

   The people down the road are using their land for staging ORV rallies.  Dozens show up with their ORVs and they all sleep in tents, in campers and in RVs.  What can I do to end this nightmare?

Wondering in Wonder Valley

 Dear Wondering,

    Wonder no more!!  The only one who may spend the night in a (recreational) vehicle is the owner of the property where the vehicle is parked.  All overnight guests of the property owner/s must sleep in the house.  Overnight guests who sleep in vehicles, tents, or in the open are considered campers and camping is allowed only in campgrounds that display valid business and sanitation licenses and permits.  Call the Sheriff and/or Code Enforcement for enforcement!  Sweet Dreams!!


Dear Ellie,

   What is the most important thing I can do to help stop ORV abuse?

Ready to act!!

 Dear Ready to Act,

  Good for you!!  It will take all of us to stop these outlaws.  Here are some important things you can do:

1)     Report all ORV abuse to the Sheriff or the BLM.

2)     Report staging locations to COW.

3)     Donate to the COW Legal Defense Fund.

4)     Post all the land you can using the BOMB-PROOF sign-mounting system illustrated on the right.

5)     Ask your lawmaker to demand stand- up license plates.

 


ORV Regulations

 These rules have been adopted by the County of San Bernardino, the State of California, the Bureau of Land Management, and the California Department of Motor Vehicles.

1)  Off-road vehicles may be driven in designated areas ONLY.

2)  All off-road vehicles must display a valid a green or red registration sticker.

3)  Off-road vehicles driven on roads public roads must display current dual-use license plates that are available from the DMV.

4)  Mufflers and spark arresters are mandatory on all vehicles.

5)  Helmets must be worn by all riders.

6)  Trespassing on private property is illegal and is punishable by fine or imprisonment.

7)  In the State of California, children under 18 years of age must ride ONLY under the direct supervision of an adult.

(The U. S. Consumer Product Safety Commission expects 150 children under the age of 16 to die this year on ORVs.)

8) Driving an off-road vehicle while under the influence of alcohol or drugs is illegal and punishable by fine and/or imprisonment.


Ellie is not a lawyer and the advice given here is not meant to replace the services of a lawyer but to stimulate interest in the legal concepts that guide the courts and to encourage citizens to seek the advice of a lawyer in pursuing their claims.

 Dear Ellie, 

    I am trying to catch the guy who is riding on my land and covering the laundry on my clothesline with dust.  When I catch him, I am going to dust him up and read him the riot act.  What can I say to make an impression on him?

Addlepated in Adelanto

 Dear Addlepated,

     Probably, not a thing!!  The goal is for you to remain safe and uninjured so you can fight another day.  Always call 911 for back up FIRST and never make contact with the suspect/s if there is any chance they may respond in a violent manner.  Remember that their willingness to do violence to your property is just one step away from their willingness to do violence to you!!

 


Plan For A Bomb-Proof Sign


Route Maps, Please!!

You can encourage off-road enthusiasts to ride legally by riding legally yourself and by distributing information about legal routes.

 

Get maps online at:

www.ca.blm.gov [1]

or

www.orvwatch.com [2]

 

Route maps are also available from most libraries and at Bureau of Land Management Field Offices:

Barstow Field Office
2601 Barstow Road
Barstow, CA 92311
(760) 252-6000
(760) 252-6098 -- Fax

Needles Field Office
101 W. Spikes Road
Needles, CA 92363
(760) 326-7000
(760) 326-7099 -- Fax

 Palm Springs South Coast Field Office
690 W. Garnet Ave.,
P.O. Box 581260
North Palm Springs, CA 92258-1260
(760) 251-4800
(760) 251-4899 -- Fax


Source URL:
http://www.orvwatch.com/node/34