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Apple Valley Sends Out Draft of Off-Road Ordinance

Posted on: Wednesday, 7 September 2005, 21:00 CDT

Sep. 7--APPLE VALLEY -- Excessive noise and dust, inappropriate mufflers and the use of heavy machinery to construct backyard race tracks are all targets of an off-road vehicle ordinance being considered by the Town Council.

The ordinance, if approved by council Tuesday, permits the use of off-road vehicles within town limits. It does, however, give law enforcement and town code enforcement an additional tool to use in resolving complaints about unruly all-terrain vehicle riders.

"We are not trying to micro-manage and over-regulate, we just want something that can be enforced," Councilman Rick Roelle said. "We're trying to just control it, regulate it so that it is not a nuisance to the surrounding neighbors."

Roelle and Councilman Tim Jasper co-chaired a council sub-committee that took public testimony and worked with town staff over several months to come up with the draft ordinance. A letter highlighting the details of the draft ordinance was sent this week to residents who had expressed interest to the town over the issue.

"I got calls from people on both sides," Diana McKeen, community services manager for the town, said. She was the staff liaison for the council sub-committee. Some callers told her the ordinance was too restrictive, others complained it did not go far enough, she said.

The first of four points in the letter states that dust leaving the property of an off-road vehicle rider may be considered a nuisance. The responding code enforcement officer or sheriff's deputy would then have to make a judgment call as to what was excessive dust.

"I think it would have to be really egregious for them to be cited for dust," McKeen said.

The second point requires off-road vehicles to have appropriate mufflers without cut-outs or bypasses.

"This was based on the input from some of the riders themselves," McKeen said.

The provision gives responding law enforcement the ability to cite an ORV rider for a violation even if the officer arrives at the scene of a noise complaint and no one is riding.

"If we get noise complaints we are going to check the equipment," she said.

The third point prohibits "loud, raucous or jarring" noise. The determination of how much noise is too much is left to the discretion of responding code enforcement officers or deputies.

Lastly, the ordinance would force anyone using heavy machinery to construct a dirt track in their back yard to acquire permits through the building and safety and planning departments.

"People have the right to do whatever they want to on their own property as long as it is not a nuisance to other people," Roelle said.

The ordinance does not increase restrictions on ORV riders who choose to ride on private property, in easements or on town streets. All those activities are already covered in existing ordinances, McKeen said. Riders can only travel on private property or down easements if they have written permission from the property owner. Taking an off-road vehicle onto public streets is illegal.

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Copyright (c) 2005, Daily Press, Victorville, Calif.

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Source: Daily Press - Victorville, California

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