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Ordinance 3973
OFF-HIGHWAY MOTOR VEHICLE USE
Sections:
28.0401 Definitions.
28.0402 Applicability
28.0403 Operating Without Permission on Private or
Public Property Prohibited.
28.0404 Staging; Permit Required.
28.0405 Noise Limits
28.0406 Disturbing the Peace and Quiet Prohibited.
28.0407 Penaltiy.
______________________________________________________
20.0401 Definitions.
For the purpose of this chapter, the following words and terms shall have
the definitions and meanings set forth bellow:
(a) "Highway" means any road, street, way or place, publicly
maintained and open to use by the public for purposes of vehicular
travel. For purposes of this chapter, the term "highway" does
not include fire trails, logging roads, service roads regardless of
surface composition, any dedicated roadway or easement for road purposes
that has not been accepted into the road system of the appropriate
governmental jurisdiction, or other roughly graded trails and roads upon
which vehicular travel by the public is permitted.
(b) "Motor Vehicle" shall have the meaning set forth in
section 415 of the California Vehicle Code.
 (c) "Off-highway motor vehicle" shall have the meaning set
forth in section 38006 of the California Vehicle Code.(d)
"Staging shall mean formal or informal assembly or gathering of
off-highway vehicles, or other vehicles and equipment accessory therto, including any related camping or
establishment of temporary accommodations, on private or public property
for purposes coordinating the use and operation of such off-highway
vehicles on such property or the surrounding areas.
28.0402 Applicability.
Except for section 28.0405, this chapter shall not apply to the proper
and legal operation of an off-highway motor vehicle on a highway or
within any area trail route specifically designated or authorized by
local, state or federal governmental agency for use by off-highway motor
vehicles.
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 wrtten permission from from
the person or entity that is in possession of the property or that owns
the property granting permission to operate off-highway motor vehicles
thereon; except that if the same document grants permission to two (2) or
more persons, a person named in such document need not have such document
in his or her possession while another person named in the same document,
riding in the same group and not more than three hundred (300) feet from
such person, has such document in his or her possession. This section shall
not apply to the proper and legal operation of an off-highway motor
vehicle by a property owner on a dedicated roadway or easement for road
purposes (whether or not accepted into the road system of the appropriate
governmental jurisdiction), if such dedicated roadway or easement is for
access to and from the property owner's property.
28.0404 Staging; Permit Required.
No person shall organize, conduct or participate in staging, as defined herin, involving ten (10) or more persons, without
first obtaining and maintaining on the property where such staging is
occurring, a Temporary Special Event Permit for a Minor Event pursuant to
section 84.0745 of the County Code, even though, pursuant to sub-section
84.0745(a)(2), such a Minor Event, involving
less than two hundred (200) persons, would not normally be subject to the
Temporary Special Event Permit process.
28.0405 Noise Limits.
No off-highway motor vehicle shall exceed the noise standards established
in California Vehicle Code applicable to off-highway motor vehicles.
28.0406 Disturbing the Peace and Quiet Prohibited.
Notwithstanding any other provision in this chapter, no person shall
operate any motor vehicle (including any off-highway motor vehicle), or
the motor thereof, nor shall any person organize, conduct or participate
in staging (as defined herin), in a manner that
disturbs the peace and quiet of any neighborhood or person by noise,
dust, smoke or fumes caused by such motor vehicle or staging activity.
The Code Enforcement Division of Land Use Services Department shall
establish procedures for investigation and enforcement of this section,
which shall be substantially similar to those contained in section
32.0119 of County Code, except that if the offending activity occurs in
the presence of a code enforcement officer or peace officer, the officer
shall have the authority to issue a citation to offending party pursuant
to applicable provisions of this Code.
28.0407 Penalty.
(a) Except as provided in subdivisions (b), (c) and (d), a violation of
this chapter is an infraction punishable by a fine of not more than two
hundred dollars ($200).
(b) A second violation of this chapter that is committed within three
years after a prior violation for which there was a conviction is an
infraction, punishable by a fine of not more than four hundred dollars
($400).
(c) A third violation of this chapter that is committed within three
years after two violations for which there were convictions is an
infraction, punishable by a fine of not more than five hundred dollars
($500).
(d) A fourth violation or subsequent violation of this chapter that is
committed within three years after three or more prior violations for
which there were convictions is misdemeanor, punishable by a fine of not
more than one thousand dollars ($1000) or by imprisonment in county jail
for not mor than ninety (90) days, or by both
fine and imprisonment.
Desert USA **A
good resource for rules and information about Ocotillo Wells.
http://www.californiadesert.gov/rules.php
Resource on Desert in Southern California.
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