Need your opinions legally

[LakeMaryKid]

Ok well to begin with my house backs up to some stuck up people's gated community. I live on powerlines and behind our fence on the powerlines i have a track set up for my friend and i to ride on. There are also a bunch of people on atvs, dirtbikes, and golf carts that come back and ride the track and our trails. Today my buddy and I were on his Kawasaki Mule out riding around back there and as we are coming out of some woods two Polaris 4x4's come haulin ass up. I see the hats on the cops and it says SCSO(Seminole County Sheriff's Office) And we are both thinking "Oh Sh|T!" We stop and he says we were "Criminaly Tresspassing" and how since we lived so close we wont be getting a ticket but a written warning. My buddy driving was the one who got the warning but i didnt get one. He told us the home owners association of that neighborhood had complaints about all these riders. The people that live in there are stupid and ride the roads a lot yet the security officers dont care. So they tell us how they were sent out to patrol the area and give out tickets to any riders. My question being what would the kids that live in that neighborhood get a ticket for? They wouldnt be trespassing as they live in there and are allowed to be on the neighborhoods property. We dont ride at outrageous hours either. Say noon to 5. So what do you people think they could get a ticket for? Not only that but what a waste of tax payers dollars. A Sargent and Leutenant on patrol on quads for other quad riders. Not that it matters to me but im very curious on this matter. And no there are not any "no trespassing" signs either.

[KAMSVCS]

Just because there are no "No Trespassing" signs doesn't mean you are not trespassing.  If you do not own the property or have permission to be on it you are trespassing.  Does the gated community own the property or does the power company own the land?  Either way you are trespassing if you do not own it or have permission.  The additional problems come with the littering and dumping that goes along with the illegal use of the land.  Not saying you are doing this.  Someone eventually has to clean up the mess and a majority of the time it is the power company that has to do the clean-up.  More added costs to them that drives up power bills that everyone complains about but doesn't realize the costs that the power company has.  No, I do not work for the power company directly, but I am a contractor that does a lot of this clean-up.  Just trying to give another view as to why you get asked to leave and not ride in areas like this.

[Scramdaddy]

Seem's as though they have been turning up the heat around here too.  Kinda bums me out they can ride atv's but we cant. They ride up to us in plain clothes with an atv and jerk your key out of the ignition, then they say they are police. Someday, some cops gonna get shot and blame it on us.

[LakeMaryKid]

Ok, it is a home subdivision. Not an atv community. I know i was trespassing i am not denying it. I accept and wont do so anymore. They havent had a problem with it for 7 years so who would i stop. What i am saying though is this. The neighborhood is a gated community with homes in it. Gradually atv use has grown. People ride these powerlines just to ride on them. No dumping what so ever. Living in this gated community would mean they are allowed on the land, therefore not "trespassing". Therefore what would they get ticketed for? Yes there are noise ordinances but they are like 10am-5pm. So thats not the problem. And its the homeowners who are complaining, the neighborhood owners dont care if we rode there, so nothing could be done to the nontrespassers.

[PBSO_ATV_Deputy_4]

      Gated Communities are usually surrounded by a canal, fence, tree line or some kind of border that seals it off. The area within this border is private property. The roads and common areas in gated communities are governed by the HOA. Infraction citations are not issued on private property, however, criminal citations are, such as reckless driving and DUI.
     
      Normally, the area under powerlines is a utility easement, owned by the utility, city or nearby community. Most of the time, these areas are posted when near populated areas, but the signs often "disappear." Posted or not, it's still trespassing. Once a person has been warned, an arrest can be made if caught there a second time.
     
      Undercover ATV enforcement is normally used when fleeing/eluding is a problem. Our job has inherited risks. When we do undercover enforcement, we normally meet up with the suspected violator and engage in conversation. Usually after everyone has shutdown, we identify ourselves, display ID, and instruct the rider to step away from their quad. I have pulled keys, but only in extreme cases where the violator attempted to restart and flee.
     
       The state realized it takes an ATV to enforce ATV laws. This is why the ATV statute, 316.2074 (7) allows law enforcement to patrol the lands and roadways on an ATV.
       
        Taxes......We all pay them. When a complaint is made to law enforcement, regardless of what it is, we are mandated to respond and address the problem. The ATV problem is simple: Areas to ride ATVs are decreasing, due to developement and liability. Meanwhile, ATV sales are through the roof. Anyone can do the math and see the problem. ATV complaints are up statewide, forcing law enforcement agencies across the state to create ATV enforcement units. Complaints include: reckless riding on public roadways; Trespassing; loud exhausts; destruction of: property, fences, signs, vegetation, construction areas/house pads, and cultivated fields; littering; fires; and traffic crashes. These are some of the complaints faced by law enforcement on a daily basis concerning ATVs. This is why enforcement continues to increase statewide and why tax dollars are spent dealing with it.

       

[LakeMaryKid]

Thanks PBSO, but do you know what the kids that ride in the community that live in the community could get a citation or ticket for? Thats my main question. I will admit i was trespassing. There have never been police out here  because of quads dritbikes etc. There has never been a chase or eluding of officers either. There isnt wreckless driving or drinking etc. Just dust and roost.

[PBSO_ATV_Deputy_4]

LakeMaryKid,
What they can be charged with depends on how the community is governed by the HOA. Some gated communities have a traffic agreement with law enforcement that allows traffic enforcement within their community. Infractions like the ATV statute, no D/L, no tag, ect....can be issued. Without a traffic agreement, only criminal citations, like reckless driving, DUI, Fleeing/Eluding can be issued. They can also be charged with trespassing if riding in someone else's yard without permission, or riding in an area prohibited by the HOA.
    Sounds like the only reason police responded in your case was someone called in and complained. Unfortunately, we get that alot in Palm Beach County, averaging 30-50 calls a day.

[Bigscrb15]

LMK, it definitely depends on the HOA. Back when I was 12-13y/o my cousin lived in a gated community and he had a go-kart. We would ride it up and down the street and in the back by a pasture on a dirt road. A couple residents called the cops and complained but the guy that built the community and still owned just about all of it told the cops we could ride there and the cops stopped responding to the calls and just informed the residents we were allowed to. If the HOA decides they want to allow atv's on their streets the kids can ride all day but you will be ticketed if they complain on you.

[Ida_Mann]

I would say that maybe getting in contact with the HOA would be the next step,,,,I wouldn't expect a good outcome though.

Id@

[yunt2ride]

Are you for sure they were Officers. Did they Identify themselves with a badge. I know it may be a long shot but anyone could get a cap with SCSO on it. I would check with the people in charge of the community and ask them if you can ride there. Then you know for sure.

[Scramdaddy]

Sometimes I wonder if could give up atv's and save myself alot of trouble but the fact is,  I'm a Junkie.......and I need it.   I wish every County had a few places to ride other than tracks. Seems like it's been a downward spiral since I baught my atv. I wish you luck LMK.

[Da_Mtg_Man]

Are you for sure they were Officers. Did they Identify themselves with a badge. I know it may be a long shot but anyone could get a cap with SCSO on it. I would check with the people in charge of the community and ask them if you can ride there. Then you know for sure.

But let them know that you will get a few guys together every so often to clean up any rubbish that gets left behind and that you will keep an eye on the property in return for them letting you ride there.

[yunt2ride]

Are you for sure they were Officers. Did they Identify themselves with a badge. I know it may be a long shot but anyone could get a cap with SCSO on it. I would check with the people in charge of the community and ask them if you can ride there. Then you know for sure.

But let them know that you will get a few guys together every so often to clean up any rubbish that gets left behind and that you will keep an eye on the property in return for them letting you ride there.

Good point Mike

[backwoods boy]

its only illegal if you get caught

[LakeMaryKid]

its only illegal if you get caught

Typical immature kid and this is the reason why the sheriff was probably called out. Positive it was the sherrif. Badge, Gun, Tazer, Cuffs and SHERIFF on the gas tank. I doubt id even be allowed to ride there, considering i dont live in the community. Oll well not a huge loss, the way they were talking about Ocala and other places sounds like quads will soon be no more in FL. Downward spiral and thinking a truck will be more useful for me so thinking things over carefully.

[LakeMaryKid]

Heres pics
Orange Surveying tape is property line for houses.

Down shot of the place with a car for comparison.

Shot of where i go through

More riding

[CABLEGUY1]

its only illegal if you get caught

Typical immature kid and this is the reason why the sheriff was probably called out. Positive it was the sherrif. Badge, Gun, Tazer, Cuffs and SHERIFF on the gas tank. I doubt id even be allowed to ride there, considering i dont live in the community. Oll well not a huge loss, the way they were talking about Ocala and other places sounds like quads will soon be no more in FL. Downward spiral and thinking a truck will be more useful for me so thinking things over carefully.

Did you really say "typical immature kid"?  This from someone who has Mario humping the princess in his posts and refers to the police as pigs?Grow up.

[knucklehead]

Good point 

[backwoods boy]

hey man i try to keep it legal 2 + i dont ride near houses

[Old_School]

its only illegal if you get caught

Typical immature kid and this is the reason why the sheriff was probably called out. Positive it was the sherrif. Badge, Gun, Tazer, Cuffs and SHERIFF on the gas tank. I doubt id even be allowed to ride there, considering i dont live in the community. Oll well not a huge loss, the way they were talking about Ocala and other places sounds like quads will soon be no more in FL. Downward spiral and thinking a truck will be more useful for me so thinking things over carefully.

Did you really say "typical immature kid"?  This from someone who has Mario humping the princess in his posts and refers to the police as pigs?Grow up.

"Mini Me, stop humping the laser, get a frickin room for crying out loud" 

-Mark

[CABLEGUY1]

its only illegal if you get caught

Typical immature kid and this is the reason why the sheriff was probably called out. Positive it was the sherrif. Badge, Gun, Tazer, Cuffs and SHERIFF on the gas tank. I doubt id even be allowed to ride there, considering i dont live in the community. Oll well not a huge loss, the way they were talking about Ocala and other places sounds like quads will soon be no more in FL. Downward spiral and thinking a truck will be more useful for me so thinking things over carefully.

Did you really say "typical immature kid"?  This from someone who has Mario humping the princess in his posts and refers to the police as pigs?Grow up.

"Mini Me, stop humping the laser, get a frickin room for crying out loud" 

-Mark

That movie cracks me up every time I see it.