Inyo Supes approve OHV fines
Tillemans says it’s about “sending a message.”
Inyo County Supervisors approved an ordinance that makes damage to property and resource punishable by a misdemeanor fine. The initial fine will be $500, however the ordinance may possibly be amended in the future to include an escalating fine to as much as $2,500 for the second offense. Final approval of the ordinance is scheduled for April 21.
The issue of enforcement of ATVs and OHVs came as the result of the Adventure Trails ATV Pilot Program approved by supervisors at their January 22 meeting in Independence. Numerous public speakers at that meeting expressed enforcement concerns and Fourth District Supervisor Jeff Griffiths suggested that the county could look into imposing fines to protect property and mitigate environmental damage.
The ordinance states that “no person shall operate…a motorized vehicle…in a manner likely to cause malicious or unnecessary damage to land, livestock, ranching operations, farming operations, cultural resources, natural resources, wildlife, wildlife habitat or vegetative resources.” Violation would be punishable “either by a fine of $500, imprisonment of up to six months, or both.”
With the state law establishing the pilot project deadline looming, coupled with the time it will take for signage and educational outreach, Public Works Director Clint Quilter urged the board to move forward now rather than wait for the results of county staff preparing a report on escalating fines for repeat offenders.
Fourth District Supervisor Tillemans wants to “send a message” to repeat offenders by either making the initial fine higher or have a sharply escalating fine for the second offense.
Third District Supervisor Rick Pucci voiced caution on being heavy-handed.
“There will be those that have not read the ordinance and will be unaware that they are in violation of it. There needs to be good judgment exercised by those enforcing the code,” going on to say, “$500 is a lot of money and a judge still has the option of imposing restitution.”
Sheriff Bill Lutze agreed that escalating fines can be effective, but he noted that “The court could impose additional fines to restore the area destroyed which could reach into the tens of thousands of dollars, depending on the extent of damage.”
First District Supervisor Dan Totheroh suggested that the LADWP should look at the ordinance as written and “if they insist (on changes in fees or in the language of the ordinance), then we can re-do it.”
Board Chairman and 5th District Supervisor Matt Kingsley voiced the opinion that he felt the board should go ahead with enactment of the ordinance as timing was an issue. “Let’s vote to enact the ordinance today. If two repeat offenders violate the ordinance, we will need to address the issue of escalating fees.”
Second District Supervisor Jeff Griffiths made the motion to “waive the first reading and vote to enact the ordinance as already written at the April 21 Board of Supervisors Meeting.”
The vote was unanimous.
