MARION COUNTY SET TO SEVERELY RESTRICT OPERATION OF OHVs ON PRIVATE PROPERTY

[mrbones]

MARION COUNTY BOARD OF COMMISSIONERS SET TO SEVERELY RESTRICT THE RIGHT TO OPERATE OFF-ROAD VEHICLES ON PRIVATE PROPERTY

Background: As a result of complaints and pressure applied by a small number of “Not In My Back Yard” (NIMBY) people, who appear to have excessively elevated sensitivities, exaggerated and unsubstantiated claims, and unreasonable demands, the Board of County Commissioners (BCC) has decided to restrict the operation of off-road vehicles on private property in Marion County. Unfortunately what the NIMBY people really mean is “Not In Your Backyard Either.” They will be satisfied with nothing less than a ban on all operation of off-road vehicles on private property. Their “right” to “peace and quiet” supercedes your right to use your private property for legal recreational purposes.

To resolve the complaints the BCC initially directed that a nuisance ordinance be developed. This proposed ordinance was terribly written and would have effectively banned the operation of all off-road vehicles on private property in Marion County. In addition, it would have put severe restrictions on the use of firearms on private property. The National Rifle Association made the County aware that the making of all laws relating to firearms in the State of Florida is reserved to the state government. The proposed ordinance was scrapped and new approach was decided upon to achieve the original objectives in regard to off-road vehicles. 

Current Situation: The new approach is to create an amendment to the Land Development Code (LDC) that will require Special Use Permits (SUP) to operate off-road vehicles on private property. The proposed definition to which the SUP will apply reads as follows:

“Motorized Vehicle Racetrack or Practice Facility - Defined as a place where ATV’s, Motorcross (sic) Bikes, Go Carts, Off Road Vehicles, or similar vehicles, gather to compete against each other or against time on a tract of land or course constructed or designed for such purpose. A place to train, develop form, techniques or other skills related to competition.”

While this may appear to affect only those with purpose built tracks, beware. In theory, if you don’t have a track it would not apply but in fact, if a track is developed through repetitive use of the same area it can be declared to fit this definition. Also, the appearance of using it for skill development or friendly competition can throw it into the SUP category. Basically anything except “putting around” (however that is defined) can fit this definition.

A provision of this change to the LDC would grandfather existing tracks as long as they comply with the current noise ordinance. If you have a track, don’t relax. Even though you would not need to get a permit, your property will be declared to have a non-conforming use and restrictions may be placed on you if you want to continue operating off-road vehicles on your private property. Failure to comply will result in a violation of the LDC and legal action if you do not stop. 

While the BCC has stated a number of times that its intent is not to ban operation of off-road vehicles on private property, the requirement to have a SUP may have that result over time. The likelihood of obtaining a SUP to operate off-road vehicles on your private property is probably small and if authorized will probably carry restrictions such that it will be impossible for the average person to comply. This will limit the number of new properties where this activity can be carried out and by placing restrictions on existing properties it will cause many of them to be phased out. What few properties remain or are permitted will only last until a NIMBY moves in near-by and starts to complain. And you don’t even want to know the process of getting a SUP. It starts with paying $300 and would take 3 pages to fully describe. Three major steps include the Planning Department review, then the Zoning Commission review with public hearings, and finally the BCC review with public hearings. The BCC makes the final decision on Yes or No and any restrictions.

Change Procedure: This change will be instituted using a “resolution” to the LDC. A “resolution,” unlike an “ordinance,” does not require a public hearing. In fact, public comments are not required although the BCC has said they will accept them. A resolution is effective immediately after it is approved and is simply a matter of voting by the BCC at their regular bi-monthly Board meetings. These meetings are held on the first and third Tuesdays at 9:00 a.m., unfortunately at a time when most people are working and unable to attend.

This resolution will be voted on at the BCC meeting

Tuesday August 16 at 9:00 a.m.

at the Commissioners Auditorium at the Marion County Government Complex at 601 SE 25th Ave. in Ocala.

Remember, this is about more than just private use tracks. It is about property rights and the ability of the NIMBY people to determine what we can or cannot do on our own private property. It is tracks today but what will it be tomorrow? You need only consider the recent Supreme Court decision in Kelso vs. City of New London (CT) which says that government can take your property for almost any reason that can be disguised as “public benefit.” And if you live in a different county or state remember, these things spread like a plague and Marion County can become another precedent.

Be at the BCC meeting. Let your commissioners know how you feel. Don’t let this happen without a fight!!

Commissioners:
(Chairman)   District 1: Andy Kesselring     andy.kesselring@marioncountyfl.org
      District 2: Jim Payton      jim.payton@marioncountyfl.org
      District 3: Stan McClain   stan.mcclain@marioncountyfl.org
      District 4: Randy Harris    randy.harris@marioncountyfl.org
      District 5: Charlie Stone   charlie.stone@marioncountyfl.org

      Marion County Government Complex
      601 SE 25th Ave.
      Ocala, FL 34471
      Ph: 352-620-3334 or 3307
      Fax: 352-620-3392

For more information contact your local motorcycle, go-kart, or off-road vehicle shop or e-mail propertyriderights@att.net.

This article is available in a PDF format here:

http://www.atvflorida.net/files/updatenotice-072305.pdf

===================================

This was sent to me by:

Greg Parsons
Chairman
AMA Community Council
Marion County, FL
352-546-2635

[gery350]

the bottom line and all they are seeing is:


$300.00


hey we found a way to get that raise. lets just charge it  to them there law breakin 4 wheelers.

i know  i am missing the boat with this and its more than a 300.00 issue but thats all they are seeing.

its all a load of crap

[yunt2ride]

the bottom line and all they are seeing is:


$300.00


hey we found a way to get that raise. lets just charge it  to them there law breakin 4 wheelers.

i know  i am missing the boat with this and its more than a 300.00 issue but thats all they are seeing.

its all a load of crap

No its not about the money. Its about them controlling what you do on your own property. Its about taking away rights and showing people how much control they have over your tax payed property. If they want more money all they have to do is raise the millage rate on your property. This will be just the start because if it happens in Marion County all of the other counties will follow suit, so your county is at stake here also. Can we get someone from the Off Highway Committee to speak out on this.

[americanhighlander]

Talk to jeb bush about this problem.Sounds like c.c are screwing with atv people again.Go to ocala main court house  send 1,000 atvs and dirtbikes  and have rioting signs and try get on orlando news and jax news  and  fox news or cnn news,or cbs or 93.3 sky radio in gainesville.tell story about boy in ut was save by atvs,And try get this word out to dirtwheels,or epsn..So get message out there and fight your rights.

I guess those nut evermentvists are  srcewing around people again even gas prices too.


If those don't worked get h**** out of marion county  move somewhere  up north of gainesville or lake city area or panahandle FL.
I think you have right to ride your atvs and no one shouldn't force to give up on them.

thanks,
amhighlander

let atvs rule out in USA and let them ride with wind...

[1970Mustang]

They are going after atv's for sure. What about lawn equipment? It's louder than a atv, but making noise with them is just fine. I have to hear weedeaters at 7am on a sunday. Mabey that will be next. A $100 permit to mow your grass.  They are slowly taking away our freedoms.

[ronny86250r]

what a bunch of communist bastards, send all of them to iraq then complain and see how far they get

[cutngrs]

 well the first thing we need to do is show orr suport and show up at the bord meeting on the 16 teenth  strenght in numbers

[americanhighlander]

Someone should email cnn about this  or call them.Or call all big news stations in Florida like big citys and try email them or call them on phone.

Get  the word out.
I bet japan will piss off about that they make atvs too.

It will get jeb bush  a wake up call on marion county.

Marion county needs  get  a life so they need leave atvs alone.You are picking on atvs too much I have heard their storyies about our atv riders.

Gets out to dirtwheels.So fight hard. I don't care if you spam their emails.So word needs get out  so chain letters to other people or your friends about this.You need put stop to it so don't let get away with this.

My mom told me about this on atv baning in marion county and they are breaking on law baning atvs on private propertys.they have right ride on their own farm lands and private property.They are going be in media soon if they keep this crap up.


thanks,
amhighlander


 

[lisa]

  Got this through my email network....this kind of stuff needs emailed to me! I live near Marion County. I will do what I can to get the 4X4 group together to fight this too!

  I will be there!!!!

[eric]

Sent the Commisioners this email:

"Dear Commissioner,
I am writing to express my concern on the upcoming vote to decide whether or not to restrict atv or off-road vehicle use on private land in Marion County. As an avid atv user I am opposed to such restrictions and feel citizens in Marion and surrounding counties have the right to use off-road vehicles for work and recreation as they so chose without restriction on their property. I look forward to seeing your vote preserving this freedom in the upcoming Board Of Commissioners meeting.
Sincerely,"

[bigscrub79]

I would take my boat, hook up the water to it, and crank it up and keep reving it up. An ATV sounds like a whisper compared to that. I dont see what they could say about you flushing out your engine on your boat.

[americanhighlander]

Sent the Commisioners this email:

"Dear Commissioner,
I am writing to express my concern on the upcoming vote to decide whether or not to restrict atv or off-road vehicle use on private land in Marion County. As an avid atv user I am opposed to such restrictions and feel citizens in Marion and surrounding counties have the right to use off-road vehicles for work and recreation as they so chose without restriction on their property. I look forward to seeing your vote preserving this freedom in the upcoming Board Of Commissioners meeting.
Sincerely,"

Thats very good letter  you got there.

If your get 4x4 protest to marion county.The only way you have do that print
alot flyers and hanging around stores like walmarts or go to atv dealers in ocala on 441 and try  hang some sign there  and talk to them.Or go to biker places that might help  alot  they need know about this.

[americanhighlander]

here's radio station  in gainesville  and ocala areas.

here's there contacts at radio station and shows they do.

http://www.thesky973.com/contact.shtml

 

thanks,

amhighlander

[dynodon]

Cut is right about this , numbers will speak loudly- especially for the commissioners & board members, they are all holding a "voted in position" it is their responsibility to hear all conserns on this issue , right wrong or otherwise. Bottom line is that these are all elected officials here! they can be removed from the seat they are holding if unjust is proven!
 Lets all show up to this meeting whether you live in Marion county or not!!!!, this does effect all of us!!!!
  REMEMBER THE 16th @ 9:00 am

[americanhighlander]

  talk to chip  he servers the ocala area and he is on the air on 97.3 the sky.He is pretty nice guy  and I talk to him at boarders book store last night  in gainesville and went saw neal boortz last night too and got a book sign call:Irs the fair taxbook. it's about  how goverment charging to much  taxs on income.

They are trying  get  taxs off and we shouldn't paid all theses taxes.

They had over thousands of people in that  book store last night.I got in early around 6:00pm and stay there untill around 9:00pm.People were pill up  and  neal boortz is at one book stores tonight in jax.and night before he was in orlando  and night before that he was in tampa and he was on tampa news.But the book is number one seller in new york times...

I did really enjoy that last night at book store and people were cheering on neal last night.  


I hope you all atvers get this baning atv off list in marion county.I hope the vote doesn't past.

thanks,
amhighlander 

[cutngrs]

  SO WHATS UP WHOS GOING  I WILL BE THERE

[dynodon]

Cut , give me a call I will ride up with you !

[Nightbreed]

For any of you out there that races MX. This will directly affect one of the best tracks in the state. REDDICCK!!

Where and what time is this meeting?

[cutngrs]

MARION COUNTY BOARD OF COMMISSIONERS SET TO SEVERELY RESTRICT THE RIGHT TO OPERATE OFF-ROAD VEHICLES ON PRIVATE PROPERTY

      Marion County Government Complex
      601 SE 25th Ave.
      Ocala, FL 34471
      Ph: 352-620-3334 or 3307
      Fax: 352-620-3392

[cutngrs]

  august 16  at 9 am 

[lisa]

I forgot about the meeting!! I Need input! How did it go! Oh, I can't believe I forgot!!!!    

[dynodon]

It seems as though everyone "FORGOT", Cut and I were the only ones that we know of @ that meeting today!!!, as to how it went - well I think that we may have gotten LUCKY..... You can still ride your atv`s on your private land as before, the only real diference will be affecting any existing track`s must comply with decible readings, and cannot be within 300` of any nieghboring homes. As for any new tracks- they must request a (s.u.p.) along with a $300.00 fee . also aireal photo`s are going to be used on any and all track`s to regulate any expansion.


 This was and still is a very serious issue, many things are still very" VAGUE" as to what or how they plan to regulate, plus any existing track that is closed for 12 months will not be grand fathered in anymore.

 I believe I can speek for Cut as well as myself, WE were very DISAPPOINTED that no one else showed up to support this- H#ll I don`t even live in marion county., But let our rights be taken away and then listen to everyone complain !, WE have to stand up and voice an opinion or we wil get shut down thats all there is to it !!!

[americanhighlander]

  At least that some good news about you can ride on your own land.
  but the bad news alot of gncc,mx,cross country racers are going be piss off at them very well i guess they won't  see dong gust there in ocala no more.

[lisa]

  Really, I did mean to attend. My horses got out again this morning, and it slipped my mind.

  My husband suggested that Federal Property rights probably take precidence over this law in this case. Do we have any lawyers that can look that up?

[dynodon]

Well, We thought of a few organisations we could contact. As far as the forest goes the state cannot control that, the ONF is a federaly controled area and the state cannot change that , although the state can make recomendations.