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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 Criminal Penalty
28.0408 Civil Actions
28.0409 Administrative Citations and Penalties
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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
Staging shall be permitted on private property of no less than two and one-half
acres in size, consistent with the provisions of this Chapter and for no longer than six
days in a 30-day period.

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.

SECTION 2. The title to Section 28.0407 of the San Bernardino County
Code is amended, to read:
28.0407 Criminal Penalty
SECTION 3. Section 28.0408 is added to Chapter 4 of Division 8 of
Title 2 of the San Bernardino County Code, to read:
28.0408 Civil Actions
All violations of this Chapter may be subject to enforcement through the initiation
of a civil action in accordance with this section and in the same manner and under the
same authority as provided at § 11.0207 of the San Bernardino County Code.

SECTION 4. Section 28.0409 is added to Chapter 4 of Division 8 of
Title 2 of the San Bernardino County Code, to read:
28.0409 Administrative Citations and Penalties.
As an alternative to the criminal or civil enforcement of this Chapter, all violations
of this Chapter may be subject to enforcement through the use of administrative
citations in accordance with Government Code § 53069.4 and this section, and in the
same manner and under the same authority as provided at § 11.0208 of the San
Bernardino County Code.