This fact sheet provides Community ORV Watch's Position on the proposal to eliminate the staging provision of San Bernardino County Ordinance 3973 and covers the following areas:

• Why We Support Retaining the Staging Portion of Ordinance 3973
• While We Strongly Oppose Eliminating the Staging Provision We Are Open to Dialog
• Community ORV Watch Responses to Arguments Against the Staging Provision

Printable (PDF) Version

Why We Support Retaining the Staging Portion of Ordinance 3973

The elimination of the staging permit requirement will weaken county ordinance 3973 by removing an important tool for the management of ORV activities on private and public lands. There continues to be conflicts between ORVs and residents in our communities and we need fair and effective laws to protect our private property. Before the ordinance, large stagings of 15, 25, and even 50 vehicles would ride day and night with no oversight resulting in conflicts with neighbors who experienced excessive noise, dust, nuisance and trespass on their private property. These problems still exist, but the situation has improved due to code enforcement’s oversight on staging.

This is an issue of the protection of private property rights and the quality of life in San Bernardino County.

The requirement for a staging permit has prevented problems with stagings. Code enforcement has used the requirement for a permit as a means to contact hundreds of riders and dozens of unpermitted stagings to inform riders of the law and break up groups that are trespassing on CSA roads, private property and public lands off-limits to ORVs. County residents have been able to be the eyes and ears for code enforcement by reporting unpermitted stagings that have been disruptive to their neighborhoods. Both code enforcement and the Sheriff’s department report that the staging portion of the ordinance has improved the situation in the Morongo Basin.

The ordinance was developed thought a stakeholder process in 2006 facilitated by Randy Rogers of county Code Enforcement that included stakeholders from community (COW, Western San Bernardino Homeowners Association) and conservation groups (CWC and Sierra Club) and representatives from the California Off-Road Vehicle Association (CORVA), the Off-Road Business Association (ORBA) and a rider’s group. After four months of negotiations, county Code Enforcement brought the ordinance before the board where it passed unanimously.

Residents fought for the ordinance because they want to protect their private property from ORV trespass that often occurs as a result of stagings. A wide spectrum of constituencies support keeping the ordinance strong including residents, businesses, homeowners associations, all the conservation groups in the Morongo Basin and a former San Bernardino County Sheriff’s captain.

While We Strongly Oppose Eliminating the Staging Provision We Are Open to Dialog

If the supervisors want to change the ordinance, they should convene a group of stakeholders who, along with code enforcement, can recommend changes to the board. In this way we can come to a compromise that will serve both our communities and ORV riders. In 2007, Friends of Giant Rock (FOGR) attempted to repeal the ordinance and the board once again voted in favor of retaining the law. In December 2009, Supervisor Mitzelfelt proposed eliminating the staging portion of the ordinance without consulting with any of the original stakeholder groups. Policy should be based on the needs of our communities and not special interests.

We would agree to some changes to the ordinance including: a reduction or elimination of the permit fee (without removing the requirement for a permit); the definition of staging as 10 vehicles instead of 10 persons gathered to ride (which is how code enforcement currently interprets the ordinance); and, the ability of riders to apply for a permit once a year listing all of the dates of their stagings. These are similar to the recommendations proposed by code enforcement and are the kinds of compromises that are worked out in a stakeholder process.

Community ORV Watch Responses to Issues Raised Against the Staging Provision

Issue: Removing the requirement for a staging permit will make no difference.
Response: We know from reports by county residents, code enforcement personnel, Sheriff’s department and BLM rangers that the staging portion of the ordinance has worked to deter large, unmanaged gatherings of ORVs. This is the tool law enforcement asked for when the ordinance was passed. Code enforcement has used the permit requirement to approach dozens of unpermitted stagings when riders are engaging in illegal activity such as trespass on private property. The change would make a BIG DIFFERENCE and that is why so many people, groups and law enforcement are opposed to it.

Issue: Only ten groups have filed for permits.
Response: That’s because people do not want to spend $155 for a weekend of ORV recreation. We propose reducing the fee, but not eliminating the permit. Filing for a permit allows code enforcement to keep track of the stagings and monitor them. The fact that permitees expect to be monitored improves their behavior. Very importantly -- the permit process provides neighbors with advance notice and the chance to challenge the permit with evidence of past behavior by a particular group.

Issue: The permit requirement has "disrupted Grandma’s birthday party".
Response: This argument has absolutely no merit. Ask Mike Romage of Code Enforcement if his officers have ever broken up Grandma’s birthday or any similar type of gathering of people who are not there to ride. It may sound dramatic, but it just isn’t true.

Issue: People should not have to get a permit to recreate on their own land.
Response: People need to get a permit for activities that will impact their neighbors -- bonfires, large and noisy parties or large gatherings, etc. This is how counties protect their residents from nuisance and disturbance. Residents have the right, and the county has an obligation, to protect their private property from trespass and their neighborhoods from the impacts of large groups of ORVs. Even ten ORVs make a big impact on the neighbors – noise, dust and nuisance. Many of the large stagings consist of people who come from outside of our communities and do not have to pay for the extra costs of law enforcement and damage to roads, berms and flood control.

Issue: The nuisance portion of the ordinance can take care of stagings.
Response: NOT TRUE. The nuisance portion of the ordinance puts the burden of proof on residents experiencing difficulties with stagings and has resulted in conflicts between neighbors over documentation. Some riders have sought restraining orders against neighbors who attempt to document trespass and nuisance. Code enforcement does not work evenings and cannot be everywhere at all times. If residents leave home for the holidays, no one will be there to report trespass often resulting from a large staging, and the nuisance portion does not cover damage to remote public lands.

Issue: Higher fines and stiffer penalties will adequately deter bad behavior at large stagings.
Response: Removing the staging element of 3973 replaces an effective deterrent. It is cheaper and more efficient to prevent problems than to have to respond to them. Major stagings frequently coincide with holiday periods when law enforcement resources are already stretched thin. Higher fines and penalties are a good idea and may serve as a deterrent as well, but it can be very difficult to catch riders to issue them a citation.

Issue: The staging element of 3973 is not enforceable.
Response: This is not our experience on the ground or the opinion of code enforcement, the Sheriff’s department, public lands managers or county residents. We know of many examples of large, disruptive stagings that have been disbursed by code enforcement and the riders directed to Johnson Valley. When stagings are permitted, code enforcement has a list of the staging events and monitors them. When they observe a large staging or get a report of one, they can consult the list and determine if it has been permitted. County residents can call in a large, disruptive staging and code enforcement can investigate. When riders trespass on private property, investigating Sheriffs can approach the riders where they gather.

RULING PROTECTS CALIFORNIA DESERT LANDS

Judgement Overturns U.S. Bureau of Land Management Designation of More Than
5,000 Miles of Off-Highway Vehicle Routes in the California Desert

Eleven environmental organizations scored a huge victory in a federal lawsuit against the U.S. Bureau of Land Management (BLM), which manages 25 million acres of public land in southern California known as the California Desert Conservation Area (CDCA), which is home to numerous critical environmental, recreational and cultural resources, including many protected animal and plant species. The ruling, by the Hon. Susan Illston of the U.S. District Court for the Northern District of California impacts off-highway vehicle (OHV) routes established within the last 30 years, as well as the designation of future routes.

Attorneys for the plaintiffs, including Community ORV Watch, The Alliance for Responsible Recreation, California Wilderness Coalition, The Wilderness Society, Friends of Juniper Flats, Western San Bernardino Landowners Association, California Native Plant Society, the Center for Biological Diversity, the Sierra Club, Public Employees for Environmental Responsibility and Desert Survivors argued that BLM's designation of OHV routes in the Western Mojave (WEMO) region of CDCA violates the Federal Land Policy and Management Act of 1976 (FLPMA) and the National Environmental Policy Act of 1969 (NEPA). These Acts assure that environmental considerations, such as impacts to wildlife, soils, watersheds, vegetation and cultural resources, must be carefully analyzed and minimized prior to BLM's designation of OHV routes. The groups were represented by Robert Wiygul, Skye Stanfield and the Center for Biological Diversity.

In its wide-reaching ruling, the Court held that BLM did not adhere to its own regulations in analyzing and minimizing environmental impacts during its designation of 5,098 miles of OHV routes in the Western Mojave in 2006. The Court also held that OHV route designations developed since 1980 are in violation of the CDCA Plan, which limits route designations to those in existence in 1980. The BLM has not adhered to that restriction, allowing development of hundreds of illegal OHV routes during the last three decades.

COW conducted ground-truthing surveys for the lawsuit that revealed that the routes actually encouraged trespass into private property and protected public lands. The court held that the BLM's environmental review failed to consider an adequate range of alternatives and was insufficient in its consideration of impacts to soil, cultural resources, certain plant and riparian resources, sensitive animal species, and air quality. This ruling means that the BLM must reconsider the destructive environmental impacts of OHVs on public lands in the Western Mojave region.

Free T-Shirts, Breakfast, BBQ Lunch and Music Festival

On Saturday, September 26th, the Barstow Office of the Bureau of Land Management (BLM) is organizing a large volunteer clean-up of the Poste Homestead Natural and Historical Area in Wonder Valley as part of their annual National Public Lands Day (NPLD). The BLM is partnering with local organizations including the Mojave Desert Land Trust, the Morongo Basin Conservation Association, the 29 Palms Historical Society, Community ORV Watch and ORV groups and vendors that promote responsible recreation including Hutchins Motor Sports of Yucca Valley.

Everyone is welcome to participate in the clean-up and each volunteer will receive a free T-shirt, a breakfast of coffee, tea and pastries, BBQ lunch and live music at The Palms Bar and Restaurant at 8131 Amboy Road in Wonder Valley located about 10 miles east of 29 Palms.

The Poste Homestead Natural and Historical Area is located off of Chadwick Road between Amboy Road and Highway 62 in Wonder Valley. Over 100 volunteers will help remove trash, protect 100 year-old adobe ruins, erect signs and place barriers to protect sensitive habitat and historical resources from illegal off-road vehicle activity. Local groups have been working to protect this historical and natural resource that is home to threatened wildlife species and magnificent displays of wildflowers in the spring.

The clean-up begins at 7:30am with pastries, coffee and tea at the parking lot of The Palms Bar and Restaurant. Volunteers will be shuttled from the parking lot to the Poste Homestead site, about 4 miles to the east. After the clean-up, a free BBQ lunch and free live music concert will be provided back at The Palms Restaurant . Organizations are invited to table at the program. Everyone is invited to participate at this fun and exciting event.

Community ORV Watch is funded in part by the Desert Legacy Fund.

Morongo Basin BLM Ranger Kevin MacLean is moving on to other position and will not be able to concentrate his law enforcement activities in the Morongo Basin.

Every holiday weekend, ORV riders trespass on BLM lands with limited or no enforcement. It is unacceptable that our public lands will be unprotected in the future.

After advocating for a resident ranger for over 3 years, the BLM has no immediate plans to replace MacLean.

Email or call BLM DESERT DISTRICT MANAGER Steven Borchard and tell him that we need a ranger dedicated to protecting our public lands in the Morongo Basin.

Email: Steven Borchard

From the Hi-Desert Star, Friday April 11, 2007:

A public forum was held in Joshua Tree April 5 to explore strategies for protecting public lands and private property from off-road vehicle abuse.

The Desert Protection Summit was organized by the Community ORV Watch. The group is an assemblage of self-described “reluctant activists” who feel compelled to voice their opposition about what they see as a growing public menace.

Victoria Fuller, a longtime Joshua Tree resident, said the organization was formed by people who wanted to help make their areas more livable.

Read the whole article.

If you need a ride to attend the 8/21 Board of Supervisors meeting about the ORV ordinance, we are coordinating car pools, so please let us know how we can help you get there by sending us an e-mail.

Here is a map link to the San Bernardino Board of Supervisors.

The Board of Supervisor's meeting starts at 10 AM. We will be conducting a press conference at 9 AM.

Be there to support the ordinance and keep it strong!

San Bernardino County Board of Supervisors to will meet on Tuesday, July 24 August 21 to consider changes that would weaken the county ORV ordinance

Rider's groups successfully lobbied the board to take up the matter and have recommended changes that will allow for large, uncontrolled stagings of ORVs in residential areas

IF YOU VALUE YOUR PRIVATE PROPERTY, QUALITY OF LIFE AND PUBLIC LANDS YOU MUST COME TO THE MEETING AND DEFEND THE ORDINANCE.

TUESDAY, JULY 24th August 21 at the Board of Supervisors Chambers
385 North Arrowhead Avenue in San Bernardino

ORV riders have threatened to bring busloads of supporters asking to weaken and repeal the ordinance. They have sent hundreds of letters to the supervisors. We must show up in large numbers to protect our private and public lands and contact our supervisors to defend the law.

Call and write your supervisor TODAY and demand that the ordinance stay strong:

Supervisor Brad Mitzelfelt (District 1) -- (909) 387-4830
Supervisor Dennis Hansberger (District 3) -- (909) 387-4833

San Bernardino County Board of Supervisors
385 North Arrowhead Avenue, San Bernardino, California 92415-0181

The ORV Ordinance Review Meeting before the Board of Supervisors will be scheduled for June 2007 – the exact date has not been set yet.

Off-roaders are sending hundreds of letters (many of which are fabricated) to the San Bernardino Board of Supervisors advocating for the repeal and undermine the ORV ordinance. They want free reign to ride wherever they want whenever they want.

The Supervisors have responded by recommending changes to the ordinance that will allow for more ORVs per staging event and make it easier to get special use permits with less opportunity for residents to protest.

WE MUST ACT NOW TO SAVE THE ORDINANCE!

Write to your county supervisor and demand that they renew the ordinance WITHOUT CHANGES that will weaken it!

You can send a message supporting the as-is renewal of the ordinance to Supervisors Mitzelfelt and Hansberger by clicking here, or downloading and mailing this letter to each Supervisor.

REMEMBER a letter that you write yourself and mail to the supervisor of your district carries much more weight and will get a mailed response.