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Riverside County off-road law sent back to drawing board
By: DAVE DOWNEY - Staff writer
RIVERSIDE ---- After listening to hours of what they apparently considered
to be sound advice, Riverside County Planning Commissioners on Wednesday
moved away from telling off-road vehicle enthusiasts when they can ride and
instead toward regulating the noise their vehicles put out.
The commissioners voted 5-0 to postpone until Aug. 31 a decision on a
proposed ordinance that would set strict off-roading riding rules for
Riverside County's unincorporated areas by confining riding in residential
areas to three days of the week and limiting the number of vehicles being
ridden at the same time on a particular property.
The commissioners asked county planners to forget about day-of-the-week
rules and figure out a way to control the amount of noise drifting from one
property to another, in their effort to make peace between the off-road
crowd and neighbors in search of peace and quiet.
"There is no question that something needs to be done," Commissioner John
Snell said.
However, Snell suggested the controversial proposal in the works for several
months was not "that something," and that a better approach would be to
write a sound ordinance that regulates noise coming not only from dirt bikes
and dune buggies, but other noisy machines and vehicles.
Deputy Planning Director Mark Balys said the county does not have a noise
ordinance that sets specific sound limits and penalties.
The commissioners' comments followed about 3 1/2 hours of testimony from
about 20 people on both sides of the issue. Many of the off-road
enthusiasts, who sharply oppose the measure, suggested the county was
proposing to go too far and all that was needed was a noise ordinance. Many
of their neighbors told commissioners how the peace and quiet they had
earlier enjoyed had been shattered by noisy and inconsiderate off-road
riders.
Dozens of people from both sides of the issue packed the County
Administrative Center auditorium. Several children wore colorful riding
jerseys.
Commissioners emphasized that whatever the county comes up with must be
enforceable. That was something both proponents and opponents of strict
riding controls agreed on.
However, the commissioners offered few specific suggestions on how an
ordinance should be crafted.
One of those calling for a sound ordinance was Bill Dart, director of land
use for the San Diego-based Off-Road Business Association. He said the
county's proposal of limiting riding to Tuesdays, Thursdays and Saturdays
was "unreasonable" for practitioners of a sport that is a huge attraction in
the county because of its many wide-open spaces.
"Riverside County is kind of the center of the universe in the off-road
vehicle world," Dart said.
The American Motorcycle Association and the Cleveland National Forest Trail
Users Association also sent representatives to the meeting.
At the same time, the county is home to dozens of rare species of animals
and plants that are in danger of extinction because of encroaching home
development and off-road vehicle activity, said Dan Silver, executive
director for the Los Angeles-based Endangered Habitats League. Saying the
proposed ordinance was unenforceable, Silver argued for more public riding
parks and a blanket ban on riding on private residential property everywhere
in the county no matter how large the parcel. The county's proposal set 2.5
acres as the minimum threshold for being able to ride on one's property.
"You can't enforce it," Silver said. "You're kidding yourselves. The worst
thing government can do is make a promise it can't keep, and this is a
promise you can't keep."
Silver was joined by several residents of rural areas around Aguanga and
Corona in calling for strict controls.
Some riders sent lawyers to the podium to speak on their behalf. One of
those was Mark Prescott, whose 30-acre property in Aguanga was the site of a
motorcycle sound demonstration conducted by the county June 29.
Oceanside attorney Tom Connolly, in speaking for Prescott, scolded
commissioners for considering passing a measure that he termed
"unconstitutionally overbroad."
"I'd invite each of you to read the Fifth Amendment to the Constitution,"
Connolly said. "Government can't arbitrarily take away the rights of private
property owners."
That brought a sharp retort from Commissioner James Porras.
"I've read the Constitution and the Fifth Amendment, and nowhere in there
does it talk about decibels," Porras said. "So don't accuse us of being
constitutionally ignorant."
Contact staff writer Dave Downey at (951) 676-4315, Ext. 2616, or
[email protected].
Off-road limits get cool response
ORDINANCE: The nation's strictest rules would restrict even private-property
use. Planners are skeptical.
11:42 PM PDT on Wednesday, July 6, 2005
By DOUGLAS QUAN and KIMBERLY TRONE / The Press-Enterprise
A proposal to impose some of the nation's strictest rules on off-road
vehicles in unincorporated Riverside County received a lukewarm reception
Wednesday from the county Planning Commission.
The proposal would limit off-road activity to three days a week in
unincorporated areas and restrict the number of off-road vehicles on private
property.
Supporters of the proposal -- which came up nine months ago because of noise
and dust complaints -- say off-roaders are ruining their quality of life.
Opponents say the county has no right to interfere with what people do on
private property, including those who bought large plots solely for off-road
use.
Caitlin M. Kelly / The Press-Enterprise
A sign on a road leading to two ranch properties near Aguanga allows for
motorcyclists to ride in the area.
Private property rights advocates say all property owners -- whether they
live near an off-road site or not -- ought to pay attention to the debate
because the proposal if adopted could set a dangerous precedent on how
governments regulate land use.
Some commissioners said the proposal on the table Wednesday was too far
reaching and would be difficult to enforce.
Commissioner John Snell said the county should seek a more reasonable
compromise by adopting a noise ordinance that would apply to everyone, not
just off-road enthusiasts.
"There is no question something needs to be done," Snell said. "But we have
a big gaping hole because the county has no sound ordinance."
State Will Review
The commissioners agreed to postpone until Aug. 31 any recommendations to
the Riverside County Board of Supervisors. . The county has sent its draft
ordinance to the state for review.
Such an ordinance could open the door for future infringement of property
rights and create a ripple effect in governments across the state, said
David Hubbard, an attorney representing a group of off-road property owners.
But some experts say people who own properties next to off-road sites have
an equal right to enjoy their properties in peace and that there are times
when it is appropriate for the government to step in and regulate activity
on private land.
'Disgruntled Neighbors'
Off-road enthusiasts say the county is the national epicenter for their
sport, in part because international motocross champion Jeremy McGrath
regularly trains at his private 98-acre track in Aguanga.
"We have a few disgruntled neighbors and they're trying to fix the problem
by stepping on the whole of Riverside County," said Jack McGrath, Jeremy's
father, who attended the hearing.
More than 48,000 off-road vehicles are licensed in Riverside County and some
150,000 off-road vehicles are registered in the neighboring counties of San
Bernardino, Orange and San Diego, according to the Riverside County Planning
Department.
Edward Moreland, spokesman for the American Motorcyclist Association, a
Washington D.C., motorcycle advocacy group, said he is optimistic about the
commission's reluctance to recommend such a stringent law. The planning
commission on Wednesday agreed to work with the association to craft
off-road rules that would address the noise and environmental concerns
voiced by opponents.
But Michael Gray, a resident of Mead Valley, said off-roading has ruined his
rural tranquility.
"This is a great abuse. There's hardly an evening that goes by when I get to
sit out and enjoy a quiet evening," Gray said.
Commissioner James Porras said society is in flux and nobody lives in
isolation and that issues like the controversy over off-roading are not
likely to go away.
"Things change. People come. Developments occur," Porras said.
Dan Silver, executive director of Endangered Habitats League, said
off-roading creates "intrinsic and unavoidable environmental damage," and
that the ordinance does not go far enough.
He said that off-roading should be completely banned from private property.
But he also advocates the creation of more off-roading parks.
The state is in the planning stages of developing an OHV recreational area
on more than 1,200 acres near Highway 60 and Interstate 10, but off-roaders
who purchased private property to pursue their hobby say they should not be
forced to go there.
Recent Court Setback
Private property rights advocates already suffered a blow last week when the
U.S. Supreme Court narrowly upheld government rights to take privately owned
land, houses and businesses and transfer it to other private entities to
develop that land -- even when property owners don't want to sell.
"The property rights of everybody are at risk and at the behest of whatever
the majority thinks is proper conduct," Ralph Rossum, director of the Rose
Institute of State and Local Government, an arm of Claremont McKenna
College, which conducts research on California government and politics, said
of the Riverside County proposal..
He said he doesn't think the dust and noise argument is enough of a nuisance
to require a new law.
A scenario that would justify some sort of intervention would be if a
facility was burning old tires and sending noxious fumes into neighboring
properties, he said.
But John Eastman, a professor of constitutional law at Chapman University
School of Law, disagrees.
Eastman described himself as a vigorous defender of property rights. But he
said property owners also have a right to enjoy their properties peacefully.
"You're not supposed to be regulated unless it's interfering with your
neighbor's equal right to use his own property and the peace and enjoyment
of his own property."
Specific Rules Urged
The key for resolving these sorts of disputes is for local governments to
issue ordinances that use specific language. Several years ago in Redondo
Beach, for instance, residents complained that neighborhood dogs were
barking too loudly.
It would have been unfair if the city banned dogs from yards, he said.
Instead, the city adopted a rule that said dogs couldn't bark above a
certain decibel level.
A reasonable compromise in the off-road dispute might be for county
regulators to set a decibel-level standard for off-road vehicles, he said.
"The line should be drawn along the level of the nuisance," he said.
Riverside County off-road law sent back to drawing board
By: DAVE DOWNEY - Staff writer
RIVERSIDE ---- After listening to hours of what they apparently considered
to be sound advice, Riverside County Planning Commissioners on Wednesday
moved away from telling off-road vehicle enthusiasts when they can ride and
instead toward regulating the noise their vehicles put out.
The commissioners voted 5-0 to postpone until Aug. 31 a decision on a
proposed ordinance that would set strict off-roading riding rules for
Riverside County's unincorporated areas by confining riding in residential
areas to three days of the week and limiting the number of vehicles being
ridden at the same time on a particular property.
The commissioners asked county planners to forget about day-of-the-week
rules and figure out a way to control the amount of noise drifting from one
property to another, in their effort to make peace between the off-road
crowd and neighbors in search of peace and quiet.
"There is no question that something needs to be done," Commissioner John
Snell said.
However, Snell suggested the controversial proposal in the works for several
months was not "that something," and that a better approach would be to
write a sound ordinance that regulates noise coming not only from dirt bikes
and dune buggies, but other noisy machines and vehicles.
Deputy Planning Director Mark Balys said the county does not have a noise
ordinance that sets specific sound limits and penalties.
The commissioners' comments followed about 3 1/2 hours of testimony from
about 20 people on both sides of the issue. Many of the off-road
enthusiasts, who sharply oppose the measure, suggested the county was
proposing to go too far and all that was needed was a noise ordinance. Many
of their neighbors told commissioners how the peace and quiet they had
earlier enjoyed had been shattered by noisy and inconsiderate off-road
riders.
Dozens of people from both sides of the issue packed the County
Administrative Center auditorium. Several children wore colorful riding
jerseys.
Commissioners emphasized that whatever the county comes up with must be
enforceable. That was something both proponents and opponents of strict
riding controls agreed on.
However, the commissioners offered few specific suggestions on how an
ordinance should be crafted.
One of those calling for a sound ordinance was Bill Dart, director of land
use for the San Diego-based Off-Road Business Association. He said the
county's proposal of limiting riding to Tuesdays, Thursdays and Saturdays
was "unreasonable" for practitioners of a sport that is a huge attraction in
the county because of its many wide-open spaces.
"Riverside County is kind of the center of the universe in the off-road
vehicle world," Dart said.
The American Motorcycle Association and the Cleveland National Forest Trail
Users Association also sent representatives to the meeting.
At the same time, the county is home to dozens of rare species of animals
and plants that are in danger of extinction because of encroaching home
development and off-road vehicle activity, said Dan Silver, executive
director for the Los Angeles-based Endangered Habitats League. Saying the
proposed ordinance was unenforceable, Silver argued for more public riding
parks and a blanket ban on riding on private residential property everywhere
in the county no matter how large the parcel. The county's proposal set 2.5
acres as the minimum threshold for being able to ride on one's property.
"You can't enforce it," Silver said. "You're kidding yourselves. The worst
thing government can do is make a promise it can't keep, and this is a
promise you can't keep."
Silver was joined by several residents of rural areas around Aguanga and
Corona in calling for strict controls.
Some riders sent lawyers to the podium to speak on their behalf. One of
those was Mark Prescott, whose 30-acre property in Aguanga was the site of a
motorcycle sound demonstration conducted by the county June 29.
Oceanside attorney Tom Connolly, in speaking for Prescott, scolded
commissioners for considering passing a measure that he termed
"unconstitutionally overbroad."
"I'd invite each of you to read the Fifth Amendment to the Constitution,"
Connolly said. "Government can't arbitrarily take away the rights of private
property owners."
That brought a sharp retort from Commissioner James Porras.
"I've read the Constitution and the Fifth Amendment, and nowhere in there
does it talk about decibels," Porras said. "So don't accuse us of being
constitutionally ignorant."
Contact staff writer Dave Downey at (951) 676-4315, Ext. 2616, or
[email protected].
Off-road limits get cool response
ORDINANCE: The nation's strictest rules would restrict even private-property
use. Planners are skeptical.
11:42 PM PDT on Wednesday, July 6, 2005
By DOUGLAS QUAN and KIMBERLY TRONE / The Press-Enterprise
A proposal to impose some of the nation's strictest rules on off-road
vehicles in unincorporated Riverside County received a lukewarm reception
Wednesday from the county Planning Commission.
The proposal would limit off-road activity to three days a week in
unincorporated areas and restrict the number of off-road vehicles on private
property.
Supporters of the proposal -- which came up nine months ago because of noise
and dust complaints -- say off-roaders are ruining their quality of life.
Opponents say the county has no right to interfere with what people do on
private property, including those who bought large plots solely for off-road
use.
Caitlin M. Kelly / The Press-Enterprise
A sign on a road leading to two ranch properties near Aguanga allows for
motorcyclists to ride in the area.
Private property rights advocates say all property owners -- whether they
live near an off-road site or not -- ought to pay attention to the debate
because the proposal if adopted could set a dangerous precedent on how
governments regulate land use.
Some commissioners said the proposal on the table Wednesday was too far
reaching and would be difficult to enforce.
Commissioner John Snell said the county should seek a more reasonable
compromise by adopting a noise ordinance that would apply to everyone, not
just off-road enthusiasts.
"There is no question something needs to be done," Snell said. "But we have
a big gaping hole because the county has no sound ordinance."
State Will Review
The commissioners agreed to postpone until Aug. 31 any recommendations to
the Riverside County Board of Supervisors. . The county has sent its draft
ordinance to the state for review.
Such an ordinance could open the door for future infringement of property
rights and create a ripple effect in governments across the state, said
David Hubbard, an attorney representing a group of off-road property owners.
But some experts say people who own properties next to off-road sites have
an equal right to enjoy their properties in peace and that there are times
when it is appropriate for the government to step in and regulate activity
on private land.
'Disgruntled Neighbors'
Off-road enthusiasts say the county is the national epicenter for their
sport, in part because international motocross champion Jeremy McGrath
regularly trains at his private 98-acre track in Aguanga.
"We have a few disgruntled neighbors and they're trying to fix the problem
by stepping on the whole of Riverside County," said Jack McGrath, Jeremy's
father, who attended the hearing.
More than 48,000 off-road vehicles are licensed in Riverside County and some
150,000 off-road vehicles are registered in the neighboring counties of San
Bernardino, Orange and San Diego, according to the Riverside County Planning
Department.
Edward Moreland, spokesman for the American Motorcyclist Association, a
Washington D.C., motorcycle advocacy group, said he is optimistic about the
commission's reluctance to recommend such a stringent law. The planning
commission on Wednesday agreed to work with the association to craft
off-road rules that would address the noise and environmental concerns
voiced by opponents.
But Michael Gray, a resident of Mead Valley, said off-roading has ruined his
rural tranquility.
"This is a great abuse. There's hardly an evening that goes by when I get to
sit out and enjoy a quiet evening," Gray said.
Commissioner James Porras said society is in flux and nobody lives in
isolation and that issues like the controversy over off-roading are not
likely to go away.
"Things change. People come. Developments occur," Porras said.
Dan Silver, executive director of Endangered Habitats League, said
off-roading creates "intrinsic and unavoidable environmental damage," and
that the ordinance does not go far enough.
He said that off-roading should be completely banned from private property.
But he also advocates the creation of more off-roading parks.
The state is in the planning stages of developing an OHV recreational area
on more than 1,200 acres near Highway 60 and Interstate 10, but off-roaders
who purchased private property to pursue their hobby say they should not be
forced to go there.
Recent Court Setback
Private property rights advocates already suffered a blow last week when the
U.S. Supreme Court narrowly upheld government rights to take privately owned
land, houses and businesses and transfer it to other private entities to
develop that land -- even when property owners don't want to sell.
"The property rights of everybody are at risk and at the behest of whatever
the majority thinks is proper conduct," Ralph Rossum, director of the Rose
Institute of State and Local Government, an arm of Claremont McKenna
College, which conducts research on California government and politics, said
of the Riverside County proposal..
He said he doesn't think the dust and noise argument is enough of a nuisance
to require a new law.
A scenario that would justify some sort of intervention would be if a
facility was burning old tires and sending noxious fumes into neighboring
properties, he said.
But John Eastman, a professor of constitutional law at Chapman University
School of Law, disagrees.
Eastman described himself as a vigorous defender of property rights. But he
said property owners also have a right to enjoy their properties peacefully.
"You're not supposed to be regulated unless it's interfering with your
neighbor's equal right to use his own property and the peace and enjoyment
of his own property."
Specific Rules Urged
The key for resolving these sorts of disputes is for local governments to
issue ordinances that use specific language. Several years ago in Redondo
Beach, for instance, residents complained that neighborhood dogs were
barking too loudly.
It would have been unfair if the city banned dogs from yards, he said.
Instead, the city adopted a rule that said dogs couldn't bark above a
certain decibel level.
A reasonable compromise in the off-road dispute might be for county
regulators to set a decibel-level standard for off-road vehicles, he said.
"The line should be drawn along the level of the nuisance," he said.
Guess it wasn’t enough.
