County approves rules on noise, off-roading
By: CHRIS BAGLEY - Staff Writer | ∞
RIVERSIDE ---- A wide-ranging pair of ordinances designed to regulate off-road vehicle riding on private property and limit noise that spills onto neighboring land were both approved by Riverside County supervisors amid contentious hearings Tuesday.
The off-road measure requires landowners in unincorporated areas to obtain permits and pay fees before riding dirt bikes and other motorized off-road vehicles on their property. It forbids any riding on plots of less than five acres and limits the number of people who can ride at a time on larger parcels.
It also creates a set of relatively uncontroversial standards for establishing sites for off-road riding, including how much dirt a landowner can move without seeking a special permit.
A second measure, which grew out of the first, is designed to limit noise from off-road vehicles, music concerts and a range of other activities in unincorporated areas.
The Board of Supervisors voted 5-0 to approve the noise ordinance after a sparsely attended hearing Tuesday morning. The ordinance had gathered broad support from residents of unincorporated areas in the county, despite opposition from a business group and fretting from several residents that it might be less useful to pass new regulations than to enforce existing laws against public nuisances.
Both ordinances are the product of 18 months of debate and dialogue among the county's planning staff and its rural residents, landowners and business owners. Supervisors and a land-use advisory board have also held a series of public hearings that led to a half-dozen revisions since late 2004.
Supervisors voted 4-1 to approve the new regulations on "off-highway" vehicles Tuesday evening after a three-hour hearing that drew about 150 people, including several dozen who spoke for or against the ordinance. Off-road enthusiasts, who made up about two-thirds of those who spoke, condemned the measure; in explaining their votes for the measure, at least two supervisors drew boos and moans.
First District Supervisor Bob Buster, who voted for the measure, said plots in most rural residential areas are simply too small, even if riders are required to stay back from their property lines.
"I don't see how you can have this responsibly ---- even with setbacks ---- on pieces of property less than, say, five acres without disturbing your neighbors," he said.
The off-road ordinance would:
n limit the number of riders on a plot to one per five acres;
n allow one or two additional riders on plots, with neighbors' consent;
n limit riding to the period from noon to 5 p.m., seven days a week;
n require special permission for riding on private property within certain environmentally sensitive areas listed in the region's Multiple Species Habitat Conservation Plan.
The ordinance doesn't specifically address commercial sites for off-road riding. Several supervisors called for county support in establishing large-scale riding sites that would be open to all riders, many of whom are now prevented from riding on their own land.
The noise ordinance creates a system of determining acceptable levels of noise as measured at the plot's boundaries, depending on the zoning of a plot and time of day. Some skeptics wondered in recent weeks whether the resulting grid of 60 acceptable noise levels would make sense to anyone other than code-enforcement specialists. Sheriff's deputies will be responsible for enforcing the ordinance.
The noise ordinance will likely go into effect in late May, according to the supervisors. The off-road ordinance will probably take effect in the fall as part of a broader overhaul of the county's general land-use plan, county officials said.
Both measures still face final votes in four or five weeks, though it's unlikely Tuesday's votes would be overturned, now that public debate is concluded, county spokesman Ray Smith said.
Third district Supervisor Jeff Stone was the lone dissent in the vote on the off-road measure. He said he agreed with most of its provisions, but worried that it would penalize riders who make honest efforts to accommodate neighbors. And though the ordinance allows more flexibility to riders whose neighbors sign on, he said, that process will probably be time-consuming and frustrating.
"I think we're creating a large, bureaucratic debacle that's going to be difficult to enforce," Stone said.
Among speakers on both sides of the debate, the hyperbole was thick. One man who spoke in favor of the ordinance called off-road riding on private property no more legitimate than the privately-owned opium dens he had encountered in Bangkok, Thailand, in the 1960s. One off-road enthusiast suggested the ordinance might embolden supervisors to regulate a machine as harmless as a hair dryer. And there was no lack of passion over the issue, which speakers said reached deep into their homes and lives.
Several opponents of the ordinance suggested motocross riding was the main activity keeping their children from becoming couch potatoes or even drug users. More than 20 children and teenagers turned out, several in racing attire.
From every corner, there were pleas for the respect of property rights. Off-road riders, mostly young adults, said they had moved to rural areas of Riverside County for the chance to ride on their own land without disturbing neighbors.
Anthony Migliore, who attended with two of his three sons, said he bought five acres in Wine Country after spending seven of the previous 13 years as a naval aviator in combat theaters of the Middle Eastern desert. He and the boys ride dirt bikes on the land; a third son, who suffers from cerebral palsy, rides a four-wheeler, he said.
The new regulations will allow only one vehicle at a time on the plot. Even that will require the signed, notarized consent from the owners of all neighboring parcels.
"I promised the boys I wasn't going back to the desert," Migliore said, with tears welling up. "I promised my boys we were going to have five acres to ride on."
Supporters of the measure, who were mostly over the age of 50, said they bought rural land to finally live in peace and quiet. Jerry Clem, of the Winchester area, said off-highway vehicles are simply too loud for residential areas: Noise levels of up to 95 decibels at the tailpipe are virtually guaranteed to disturb neighbors, Clem said.
"OHV use is like no other residential activity," Clem said. "No matter how polite and how considerate a rider is, there's no getting around the fact that he or she is exceeding the acceptable noise level," Clem said.
Contact staff writer Chris Bagley at (951) 676-4315, Ext. 2615, or cbagley@californian.com.
To view the most recent draft of the regulations on off-road vehicles, go to:
http://www.tlma.co.riverside.ca.us/planning/content/zoning/amndmnts/ord_348_4213.pdf
The most recent draft of the noise ordinance is at:
http://www.tlma.co.riverside.ca.us/planning/content/zoning/amndmnts/ord_847_noise_ord.pdf
To read previous North County Times/Californian coverage of the ordinances, go to:
http://www.nctimes.com/articles/2006/01/25/news/californian/21_27_191_24_06.txt
http://www.nctimes.com/articles/2005/12/08/news/californian/21_31_0812_7_05.txt
http://www.nctimes.com/articles/2005/12/03/news/californian/23_01_0012_2_05.txt
http://www.nctimes.com/articles/2005/09/02/news/californian/22_05_219_1_05.txt
http://www.nctimes.com/articles/2005/07/11/news/californian/71005191629.txt
http://www.nctimes.com/articles/2005/07/07/news/californian/22_00_397_6_05.txt
http://www.nctimes.com/articles/2004/10/31/news/californian/22_50_5210_30_04.txt
http://www.nctimes.com/articles/2005/10/13/news/californian/riverside/21_44_1610_12_05.txt
http://www.nctimes.com/articles/2004/10/09/news/californian/22_28_2410_8_04.txt
http://www.nctimes.com/articles/2005/02/02/news/californian/lake_elsinore/23_24_262_1_05.txt
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John wrote on Mar 29, 2006 6:03 AM:How can Supervisor Stone possibly think that the noise ordinance is going to solve all the problems associated with backyard OHV riding? He flipped just like John Petty did at the Planning Commission. Agreeing that two and a half acres is too small then wanting to reduce that to 1 acre. It's not going to work on 5 acres. If these families are the curtious riders they say they are then no one will complain anyway. Supervisor Buster was absoultly right by saying that if this version of the ordinance isn't strong enough to curb the massive complaints coming in then the restrictions will just get tighter in the near future. This ordinance won't make make a rider a criminal if they ride in their backyard, they already are one, since OHV use right now is only allowed with a conditional use permit.
John wrote on Mar 29, 2006 7:45 AM:Several OHV users testified yesterday that they will be criminals when this law is passed. Do your homework, right now riding on your own private land requires a conditional use permit. In plainer words, it's not allowed. OHV'ers did not have a right taken away from them yesterday, they just had one given to them. You simply assumed riding was allowed because everyone's been doing it. You never bothered to check the facts when you bought your property. And it's not your neighbors job to tell you. Nobody can do whatever they want on their property. Dogs, horses and chickens are regulated. Go on the County website and look at all the other ordinances that tell you what you can and can't do on your own property. Sorry to burst your bubble but it's a fact of life here. You won't find any urban or rural County in California that doesn't restrict uses in the same manner. BTW, people don't ride chainsaws and weed wackers all day long every weekend, you use for 15 minutes a week then and stick them back in the garage.
John wrote on Mar 29, 2006 7:57 AM:Several OHV users testified yesterday that they will be criminals when this law is passed. Do your homework, right now riding on your own private land requires a conditional use permit. In plainer words, it's not allowed. OHV'ers did not have a right taken away from them yesterday, they just had one given to them. You simply assumed riding was allowed because everyone's been doing it. You never bothered to check the facts when you bought your property. And it's not your neighbors job to tell you. Nobody can do whatever they want on their property. Dogs, horses and chickens are regulated. Go on the County website and look at all the other ordinances that tell you what you can and can't do on your own property. Sorry to burst your bubble but it's a fact of life here. You won't find any urban or rural County in California that doesn't restrict uses in the same manner. BTW, people don't ride chainsaws and weed wackers all day long every weekend, you use for 15 minutes a week then and stick them back in the garage.
Kevin wrote on Mar 29, 2006 11:03 AM:I suppose that chainsaws, weedeaters and lawn mowers will be the next OHV machines to be regulated in this county. No matter how you phrase it, a landowner just lost his rights to do what he wants....Even if he has no neighbors ! Do you people have any idea how much revenue is generated my the motorcycle industry in the state of California ?
Joe wrote on Mar 29, 2006 12:36 PM:Seriously guys, were responsible people. It's in my opinion, people that don't mind their own business. The rulling could've very well been biased on that the people don't ride. I'm agreeing with Kevin, some 4-strokes are only as loud as chainsaws, in fack when I'm riding and I go by a person on a lawnmower, you can hear the lawnmower, so are we going to put silencers on lawnmowers now? And John, please explain just how we are criminals, you don't appreciate riders and that's apparent, but how are we criminals? What law are we breaking? Motocross is a sport and I feel it should deserve all the respect other sports like football, and soccor, etc. get. It keeps my buds out of vandalism, we'd much rather ride. But according to you, their both crimes. So what does that matter?
John wrote on Mar 29, 2006 1:27 PM:Several OHV users testified yesterday that they will be criminals when this law is passed. Do your homework, right now riding on your own private land requires a conditional use permit. In plainer words, it's not allowed. OHV'ers did not have a right taken away from them yesterday, they just had one given to them. You simply assumed riding was allowed because everyone's been doing it. You never bothered to check the facts when you bought your property. And it's not your neighbors job to tell you. Nobody can do whatever they want on their property. Dogs, horses and chickens are regulated. Go on the County website and look at all the other ordinances that tell you what you can and can't do on your own property. Sorry to burst your bubble but it's a fact of life here. You won't find any urban or rural County in California that doesn't restrict uses in the same manner. BTW, people don't ride chainsaws and weed wackers all day long every weekend, you use for 15 minutes a week then and stick them back in the garage.
Joe wrote on Mar 29, 2006 3:18 PM:I spoke of in the beginning of this article, a responsible youth is now persecuted and sought after as a criminal by many law enforcement agencies. Why? Is buzzing down the birm of the road to get to a trail a crime? To some, yes it is. Would they rather see this same youth on drugs or vandalizing something? Of course not, but there are those who see ATV recreation as the same thing.
Susan wrote on Mar 29, 2006 3:32 PM:Thank goodness for noise and OHV ordinances which set some limits. I think that folks who ride really do not understand just how awful it is to listen to that penetrating noise after having spent hundreds of thousands of dollars buying a QUIET piece of property, building a home, and settling back to enjoy the sounds of nature. There is enough medical information alone out there on the harmful effects of noise to our bodies to justify such an ordinance. I agree we need places for folks who choose this sport to ride. That what motorcycle parks are for. The destruction of ground that ensues can be concentrated in one area and the park can be buit far enough away from private property that the noise will not bother others. I am disturbed, however, by the statements made that this activity was the only thing keeping these young folks from the drug life. If that is true, it is a poor reflection on the adults in charge of those children and our culture as well.
Susan wrote on Mar 29, 2006 4:11 PM:If we didn't hear it once we heard it 40 times,"My kids will be on drugs if you don't let them ride on our property". Funny thing, the majority of speakers were close friends of the "Bad Boys in Aguanga" who are to blame for where we're at today. It's obvious by the lack of attendence by the OHV community over the past 2 years that 95% of the riders pack up their toy trailers and head for the desert because they live in track housing and this ord. won't affect them. Just like it won't affect the OHV industry. Infact, they'll probably see an increase in toy trailer sales!! It's sad to hear that these moto-parents are so obsessed with this sport they justify it as the only means to keep their kids off drugs. I dare anyone to do a survey on the % of high schoolers who live and sleep dirt bikes that are abusing drugs and alcohol.
Steve wrote on Mar 30, 2006 6:12 AM:I cant wait to see how this will be enforced. Which law enforcement agency will be responsible for enforcement since the area discussed is unincorporated or county land? Sheriff, CHP I live out in the country near Lake Skinner and we hardly ever see any enforcement of any kind, save the building inspector. The most annoying thing out here is the auto drivers that insist on driving at high speeds on the wrong side of E. Benton, cutting corners on blind cruves and hills. Out here you're as likely to hear a chain saw or a tracktor as you are a motorcycle. I would agree that a dirtbikes sound can ruin a quiet morning but then so can any man made sound including trucks driving by on Benton. Perhaps a little tolerance is warranted here.
Tom wrote on Apr 3, 2006 3:12 PM:How can anyone believe that this can be good for the county of Riverside? I know that I would much rather have my kids riding on my land, on stock OHV's with quiet exhausts, supervised by me on an area that I contol, than taking them to a "OHV Park" where anything can, and does, happen. Responsible off-roading does not mean loud bikes and drunken brawls -- quite the contrary really. The neighbors that live around us all feel the same as we do, and our numerous block party OHV rides for the kids are a huge hit, and a great incentive for everyone to do well in school ("get good grades or don't ride" is the rule here). Riverside County might as well prepare for a large drop in property values because, when everyone decides to sell and move to a more friendly county's, the glut of vacant parcels will spell doom for the county tax coffers. Business's will all soon begin to hurt from the lost income from off-road riders going elsewhere to recreate. Perhaps they'll tell us all that every off-road business in the county isn't welcome either -- I can hardly wait to see the backlash from that one! Hitler began his reign by telling everyone what he thought was best for them. Look what happened to him!
obvious wrote on Apr 24, 2006 1:49 PM:Its well know for many locals that this portion of Riverside County is home to many OHV professionals and enthusiasts. Part of being a responsible home buyer should be researching this before moving to this area. Why should offroaders be the ones moving because of a few whiney and selfish individuals who want quiet 24-7. A permit to ride on my own property? Why don't those of you who don't care for the noise pack it up? I am sure the fact one can ride on their property would be a GREAT selling point many buyers to include driving up the price people are will to pay to not have to pack up and go to the desert to get to ride. If you need help moving you can use my toyhauler! It fits both our quads and all four of our motorcycles!!!
Dan wrote on Jun 17, 2007 9:45 PM:Finally the horrific noise pollution will be stopped. Fewer kids will be killed or crippled needlessly thanks to the new off road laws. These off roaders are not welcomed in neighborhoods where people and animals live. They roared their engines, racing through the streets and near people's homes and terrified horseback riders, causing injuries to horse back riders and their horses and nothing was done. It would be best they were outlawed all together. People could not even bear being outdoors with the horrific noise these machines make. it is about time it is stopped.
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