ATV Florida Forum

General => Where to Ride? => Topic started by: Baldy on January 03, 2005, 04:47:03 AM



Title: North Port
Post by: Baldy on January 03, 2005, 04:47:03 AM
I have read numerous post about North Port. It's legal, it's illegal. I went out there Friday morning aroun 10am and a New Port police officer told me that they are not allowing people to ride in North Port. I told him that I read on a message board that it was legal to ride down there. He returned with "they are misinformed." There is no legal riding in North Port and that they are handing out tickets. He was very cool and told me that he wasn't going to give me a hard time because I was the only one out there. He asked that I make a post on the board letting everyone know that it is illegal to ride there. So that's what I am doing. I'm sure there will be plenty of responses which I encourage but I am just sharing with everyone what I was told be the man that could make your day miserable.


Title: Re: North Port
Post by: adiobeartracker04 on January 03, 2005, 07:56:52 AM
What!! What area of North Port were you riding, cause Friday and Saturday Yorkshire are was packed, over 100 people all day long, no cops and Sunday was even crazier, hundreds of people swarming the place, no problems at all all weekend, Rode out in the afternoon Sunday around 2, never seen as many people as I did sunday.


Title: Re: North Port
Post by: Toomey on January 03, 2005, 08:32:16 AM
Maybe the 100's of people was too much for the cop to handle, and he ran away.  He seemed like a reasonable guy though.  Someone should let the cop borrow a quad, and he'll think it's really cool and fun, and then he'll be on OUR side!!!  ;D


Title: Re: North Port
Post by: racemanfl on January 03, 2005, 11:36:41 AM
We got stopped right outside that big mudhole beside 75 in Yorkshire about 4:30 in the afternoon,
Cop told us we couldn't ride atv's on side of the road but the dirtbikes with us could,he said we had to ride the atv's in the woods only and push across streets,that sure didn't make any sense to us.
He asked for names to see if anyone had a warning before, and let us go without checking,he was pretty cool about it , Jerry


Title: Re: North Port
Post by: Baldy on January 03, 2005, 02:37:22 PM
I was parked over by the track off of Serris. I just got there and was buckling my boots when he pulled up. He was really cool. I wish they were all like that. It probably helped that I didn't give him any attitude. I hope all of this confusion ends soon. It takes me a little over two hours to get there. I flipped a coin between going there and going to Ocala and dealing with the hunters!!


Title: Re: North Port
Post by: swfrhinorider on January 06, 2005, 07:50:42 AM
I have not been up there yet. But knowing the laws they can not tell you to get off private land. As long as you don not park or ride on the county right of way they can not make you leave. Unless they have a sign tresspass from every land owner out there.  


Title: Re: North Port
Post by: racemanfl on January 06, 2005, 03:39:04 PM
Thats true but we were riding on side of road which I believe is county right of way   Jerry


Title: Re: North Port
Post by: swfrhinorider on January 07, 2005, 06:13:49 AM
Yes if you ride on the side of the road you can be arrestednot just ticketed. You must stay behind the the top of the swell of the ditch. But if you are stopped just be respectful and most of them will return the respect with just a warning.


Title: Re: North Port
Post by: 3l3m3ntX on January 07, 2005, 01:15:05 PM
I ride out there every weekend almost and have never been stopped, I see the cops all the time but have never had them stop me. I guess it depends which cop is there and if he has had his donuts yet LOL.  ;D


Title: Re: North Port
Post by: Muddbuggy on January 07, 2005, 02:00:52 PM
Quote
I have not been up there yet. But knowing the laws they can not tell you to get off private land. As long as you don not park or ride on the county right of way they can not make you leave. Unless they have a sign tresspass from every land owner out there.  


swfrhinorider is right the cops they cant make you leave.  Their are some No Trespassing areas that they can give tickets for being on the property.  
As for the law for OHV use in North Port (their is none reguarding OHV's) but the law does state that you can not operate an UNLICENSED VEHICLE ON THE ROADS which is your quad or dirt bike.  Their is a discrepency with the right of way though.  The Sheriff has said that the right of way is the same as the road way BUT if you drive your vehicle down the right of way (the swales or ditch) you will get a ticket because your not driving on the ROAD way.  GO FIGURE

The mud pit that you see from I-75 is off limits (and other areas too) do have a NO TRESPASSING affidavits in effect.

I have been a local to riding in NP for the past 15yrs and I have never got a ticket nor had my bike confiscated like some officers like to say they will do IF......

As for the people that ride NP every weekend have fun and follow the rules.  And for the new guys that come from out-of-town please try to keep the directions to your self.  

Like Adiobeartracker said
     
On any given weekend their 100's of ppl down their and I see more and more of new people riding the roads and that
WILL GET IT CLOSED DOWN FOR GOOD...  Nothing against the new people riding down their but riding areas are getting very scarce and I dont want to see NP closed.
 
IF you have any questions about the rules down their call me
941-724-6931 kevin

MB
       


Title: Re: North Port
Post by: adiobeartracker04 on January 09, 2005, 05:37:34 PM
Quote


swfrhinorider is right the cops they cant make you leave.  Their are some No Trespassing areas that they can give tickets for being on the property.  
As for the law for OHV use in North Port (their is none reguarding OHV's) but the law does state that you can not operate an UNLICENSED VEHICLE ON THE ROADS which is your quad or dirt bike.  Their is a discrepency with the right of way though.  The Sheriff has said that the right of way is the same as the road way BUT if you drive your vehicle down the right of way (the swales or ditch) you will get a ticket because your not driving on the ROAD way.  GO FIGURE

The mud pit that you see from I-75 is off limits (and other areas too) do have a NO TRESPASSING affidavits in effect.

I have been a local to riding in NP for the past 15yrs and I have never got a ticket nor had my bike confiscated like some officers like to say they will do IF......

As for the people that ride NP every weekend have fun and follow the rules.  And for the new guys that come from out-of-town please try to keep the directions to your self.  

Like Adiobeartracker said
     
On any given weekend their 100's of ppl down their and I see more and more of new people riding the roads and that
WILL GET IT CLOSED DOWN FOR GOOD...  Nothing against the new people riding down their but riding areas are getting very scarce and I dont want to see NP closed.
 
IF you have any questions about the rules down their call me
941-724-6931 kevin

MB
       


Thats what bothers me,most of the  new/out of area people seem to like to ride on the roads more than the trails itself. While we were going to park, two raptors wearing no helemts or shirts were cruising down the middle of the road around a bend and almost hit us head on. Personally, if you want to ride on the roads, go somewhere else, as it only seems to cause problems, thus resulting in the closure of practically the only riding area within distance. But stayy off the roads, be respectful, and ride carefully, we can keep this ope with just a minor set of rules. Not meaning to rant, just bothers me when I see people doing stupid things that affect my riding.


Title: Re: North Port
Post by: swfrhinorider on January 09, 2005, 06:01:21 PM
Unfortunately in this sport a few bad apples will ruin it for the whole bunch. I saw two or three idiots riding their atv's on the road at the protest for the closing of Badluck. Everyone is out there trying to do the right thing and get some land to ride on and you have a couple of idiots ruining it. I guess stupid people are everywhere doing everything. "But if we did not have stupid people who would cook our cheese burgers and pick up our garbage.


Title: Re: North Port
Post by: Barcusfoto on January 10, 2005, 03:27:44 PM
we were there Sunday the 9th, got ran out by the police.
Said there was a new owner of the land south of Yorkshire and didn't want riders there but could ride on the North side of Yorkshire.

From what I have seen their big grip is everyone riding on the roadways and not the trails.

Some one is going to get hurt there and that will screw us all out of a place to ride


Title: Re: North Port
Post by: Muddbuggy on January 10, 2005, 04:38:42 PM
what area of yorkshire were you riding at?

MB


Title: Re: North Port
Post by: Barcusfoto on January 10, 2005, 05:46:53 PM
Off Yorkshire North of 75 after you go under the overpass the first road on the right about 1000 feet down there is a mud hole next to the road, this is where we usually park and ride from there.


Title: Re: North Port
Post by: skizzfry on January 10, 2005, 07:20:56 PM
i ride northport every weekend and its tough to call. sometimes the man kicks me out and sometimes they dont even look at you and just drive past. all and all i wouldnt drive two hours to northport its to much of a risk.it would be a long ride home if the cops kick you out,which is a good chance on the weekends. but i wouldnt worry about getting your bike taken, or a fine. But if you do go please dont ride on the roads. Its just asking for a wheelchair if ya do. I dont know if anybody heard but a couple of weeks ago some dude was hallin ass on the roads in cape coral and now he is in the dirt....lierally....hes dead. :'(


Title: Re: North Port
Post by: Muddbuggy on January 10, 2005, 08:00:32 PM
Quote
Off Yorkshire North of 75 after you go under the overpass the first road on the right about 1000 feet down there is a mud hole next to the road, this is where we usually park and ride from there.


dude that Mr. duff's property and YES theirs a NO TRESPASS AFIDAVIT on all his properties.


Title: Re: North Port
Post by: adiobeartracker04 on January 11, 2005, 03:45:41 PM
the big sand pit of the mud pit that you can see from 75?


Title: Re: North Port
Post by: Muddbuggy on January 11, 2005, 05:10:19 PM
Quote
the big sand pit of the mud pit that you can see from 75?


Yeah both areas belong to Mr. Duff.  I do ride through the areas I just dont park or hangout in the areas.  


Title: Re: North Port
Post by: Anoriginal on January 12, 2005, 08:26:18 AM
Keep in mind the majority of the property in the North Port area is owned by a single developer. This is the remains of a project that went bust in the mid 80's. The simple fact is, if you do not have express permission from a particular property owner to ride on a particular parcel of property, you are tresspassing. If you do have permission and venture off that particular property, you are tresspassing. There have been numerous warnings issued over the years with posted signs vandalized over and over again.  It doesn't matter if its private property or not. If you are questioned and do not have the right answers (i.e. - who owns the property, when did you speak with them, etc.) they CAN force you to leave. It's called probable cause. Don't be fooled otherwise.

There is and never had been anything "legal" about North Port absent a minor scattering of private property hear and ther. And then, it was only for a select group having express permission. People in the North Port area are rumbling these days about the illegal ATV use. In addition, I know for a fact that numerous individuals have approached the land owners about leasing huge portions of the property for cattle grazing.

Different cops will tell you different things depending on the day. Bottom line is that they are authorized to and will ticket you if they are so inclined. This place is an illegal riding spot and the days are numbered for anyone to ride. It is only a matter of time before they come down hard and people start losing their bikes and going to jail.

Not trying to be Mr. Buzz Kill, but this topic gets tossed around all the time without anyone stating it in plain terms. If you ride there, you are tresspassing and breaking the law. Pretty simple. I don't like it any more than the rest of you, but it's true.


Title: Re: North Port
Post by: Muddbuggy on January 12, 2005, 03:03:36 PM
Mr Anorginal
It is just like any other riding area, if it is not an organized riding park it will eventually get closed down.  NP is the largest mass of land in the state of florida that is undevolped but it is not owned by the city of NP nor the state, the area was supposed to grow and develope in the late 70's by the baby boomers (and still has not yet). The Yorkshire area is all individual single family lots.

your quote:
There is and never had been anything "legal" about North Port absent a minor scattering of private property hear and there.

There is nothing "illegal" about riding in NP, on the many properties Unless otherwise posted or filed with the City of North Port.  Currently There are 2 property owners (Mr. Duff and Mr Fulincamp) that have filed no tresspassing afidavits on there properties, so YES it is ILLEGAL to ride on there properties.  As far as the other many properties in the Yorkshire area in North Port there is no law in the books stating it is illegal to ride on his/her property BUT the city of North Port cant not and will not give permission to do so.

The only laws the police can enforce(without fabricating
them) is if your under 16 and riding w/o a helmet, riding OHV's on the roads, drinking and driving And of course tresspassing you can plan on getting a ticket.

MB



Title: Re: North Port
Post by: Anoriginal on January 13, 2005, 05:15:33 AM
Mudbuggy:

Don ot take this in the wrong way, I know you are a concerned rider and I wish more of us were like you. I appreciate your opinions, but you are incorrect. As someone who has years of experience in this field. Regardless of whether or not there is a tresspass affidavit, you can be ticketed. If you cannot show indicia of ownership or permission, you give them probable cause and you can be penalized.

Also, NP is by leaps and bounds not the largest land mass unowned by the state or municipality. There are numerous other privately held parcels exceeding NP's size. As far as the Yorkshire area being all private lots, that's incorrect as well. It is subdivided into individual lots; however, the majority are held in mass by corporate entities, the largest being the remains of the original development company.

As for there being "no laws on the books" about not tresspassing, I'm not sure what you mean as that is completely incorrect. Florida Statutes clearly dictate that if you don't own or otherwise have permission to be on property, you are tresspassing. This isn't something that is grey or unclear, it's a fact.

I'm not being a jerk or trying to sound like I am the end all be all on this subject. I just know exactly what I am talking about on this subject and I hate to hear stories of my fellow ATV'rs getting ticketed or arrested. (If you'd like me to ellaborate, send me a private message and we'll chat) Please do not spread misinformation. People need to understand that riding in North Port is illegal unless you get express permission to do so. Chances are you'll be able to ride out there and never have any trouble for the longest time. But, like it or not, you ride there, you are definitely breaking the law.


Title: Re: North Port
Post by: 2Raptors on January 13, 2005, 05:37:09 AM
Quote
Currently There are 2 property owners (Mr. Duff and Mr Fulincamp) that have filed no tresspassing afidavits on there properties, so YES it is ILLEGAL to ride on there properties.

The bad news about that is they are the owners of about 95% of the land out there.  The city owns a few large parcels and a couple individual owners own a few single family lots.  So odds are when your leaving Duff's & Fullencamp's land your going onto more of their land.  Things will only get worse if and when they start selling off the lots for developement :'(.


Title: Re: North Port
Post by: Muddbuggy on January 13, 2005, 09:29:31 AM
 My information comes from the city commisioners the sheiff and the OHV commitee wehter it is correct or not. This is what I have heard and be told, so that is what I go by.


I have rode theYorkshire area for the better part of 10yrs and used to ride where bobcat trails is located before it was developed. :'(

MB


Title: Re: North Port
Post by: Barcusfoto on January 13, 2005, 12:35:38 PM
here is a question. I have been told by several that yes it is private property and  yes, and no about the tresspass situation being on record. However, it is my understanding that the city police has no authority on "private" property. Example, have a fender bender in Publix parking lot and try to get a report. It happened on private property, we have no jurisdication there. If you are lucky you might get the sherriffs office to give you one, or FHP but it's like finding a needle in a hay stack. I have also been told that florida's no tresspassing laws have so many flaws in them that most courts won't hold them up unless it invloves school property. I have spoke with several people FHP, NP police, Sarasota Co. Deputies, Venice Police and an attroney on this issue and all have given me a different story with some being the same.  T

What really gets me, you and I along with serveral hundered other people know that one time or another one of the above mentioned law enforcement officials mentioned above has been out there riding their dirt bike or quad, if not more. Now they are on duty and run you out. We as adults having a fun day with our families in the one local area where people ride legal or not are the one's that get the shaft from many of the same law enforcement officials that were out there last weekend or the weekend before or whenever, riding their quads. What is a person to do or believe..........


Title: Re: North Port
Post by: adiobeartracker04 on January 13, 2005, 04:55:34 PM
Well, studying law as a student myself, one cannot be ticketed on private property unless the following has been done.
First, it must be posted No Trespassing, or have a Trespassing Afidavit on the property of the restricted. In which, you can be ticketed the first time caught on the land.

Second, if there are no postings or current trespassing afidavits on the parcel of private property, you will be first issuad a trespassing warning. Second time around, you can be issued a ticket. After that, arrest, fines, and confiscation can be brought into consideration.

One more thing that can affect these are if a particular land owner has notified the local PD with a complaint that ATV's are riding on their land, a patrol car may be sent out to check up on the land. Noise complaints are not taken into consideration in the Yorkshire area, as there is only one family home out there, in which the owner happens to ride himself.


Title: Re: North Port
Post by: Anoriginal on January 14, 2005, 07:29:52 AM
Adio -

As an attorney practicing for many years..... law students should be careful spouting off legal opinions. ;)

Bottom line is this: If you ride without permission on property you do not own, you are commiting a crime. The crime is tresspassing. You can be ticketed and even jailed for commiting this crime. Your property (Bike, Truck, Trailer) can be confiscated for your commission of this crime.

True, you probably won't get this the first time. The first time will likely be a warning. From there on, you're flirting with disaster.


Title: Re: North Port
Post by: adiobeartracker04 on January 14, 2005, 11:35:18 AM
Yes, I understand that it is still breaking a law, and yes, you  can be ticketed, arrested and have your property seized, but I am saying that the first time on an unmarked area with no current afidavits or complaints, you will receive a warning first time around. If you are caught again, then your askin for trouble. Now if there happens o be a afidavit on the land, you can be ticketed the first time around, and maybe even arrested determing many different factors.


Title: Re: North Port
Post by: 2Raptors on January 22, 2005, 02:35:45 PM
Bad news...North Port riding area is CLOSED!

We went there today and police were all over and handed me a flyer that reads:

                             
Notice

This notice is to inform you that operating ATV's and dirt bikes is generally prohibited in the City of North Port.  When riding in the City of North Port, you are riding on either private property, City property, or the street.  It is generally legal to ride on your own property or on the property of other's with their permission

Violations concerning noise, destruction of property (damaging drainage systems) and traffic will be dealt with accordingly.

Please spread the word.  The North Port Police Department will have a continuous presence to enforce these laws.


Title: Re: North Port
Post by: Seabeejim on January 27, 2005, 09:36:45 AM
All sorts of information has been passed on riding in Northport.  The bottom line is stay away...  You are asking for trouble.  The police know you can't go trail to trail without crossing roads so they are there and you will get a ticket.  They know some of the trails are on the swell of the road and that is city property so you get a ticket, same when you park there.  It is going to be a hassel from now on.  Screw NP and lets all find somewhere else to go and spend our money.  Tickets there are expensive and if you talk back or run it is worse.  They can live in there world and we should go somewhere else.  I think they need road improvements, so us ATVers will pay for them.


Title: Re: North Port
Post by: americanhighlander on January 27, 2005, 04:44:21 PM
check out my topic...

;D
click here on web site
http://www.atvflorida.com/cgi-bin/yabb/YaBB.pl?board=opendiscussion;action=display;num=1106523627;start=0


thanks,
from,amhighlander



Title: Re: North Port
Post by: boostbusa on February 08, 2006, 10:14:23 PM
5 cops were out there feb 4th and we were already unloaded and riding about 7 of us in our group and cops stoped us, he said he already impounded 2 quads for doing 80 down main road under 75 overpass he said the commisioners brother just purchased the property from  the right just pass 75 over pass to the dirt track with the ramps and the commisioner is building a golf course community out there ,now another guy on the high lifter website forums said the cop will let them ride there if they showed up feb 6&7th to pick up trash now to me that is just a scam to not cost money to hire people to pick it up I have replied to his post and no answer on how that turned out ,but since we have been kicked out we are riding  off of highway 17 going back up to yorkshire ,since yorkshire is sarasota county and highway 17 is charlotte county there is no crap and just go the other way if you run into north port cops


Title: Re: North Port
Post by: Dr.Dirt on February 09, 2006, 11:27:56 PM
I fought the law..and the law won.  ;)  This is getting heated, I think this would make a great TV show.  ;D


Title: Re: North Port
Post by: Anoriginal on February 10, 2006, 10:00:51 AM
Anoriginal- No offense  :o but for an attorney you may want to brush up on your Florida Statues
So based on what you have said. if I am out with my dog and walk him on to a vacant lot I can be ticketed and or thrown in jail for trespassing , quad , dog  bicycle it doesnt matter? BS".. Or if my neigbor walks his dog onto my property I can have him arrested even without a warning..NOT in florida.  I wonder how many cases you have prosecuted here in Florida involving FS810.09. I personaly know that Local Law enforcent has had problems with getting trespasses to fly in court. We had to have land owners post it with the specific statues written on the signs and then give a written warning. This dealt with Drug dealers hanging out selling dope in front of apartment buildings ( not even vacant lots). The law states you must have a fence or a sign every so many feet to meet the warning of trespass. Maybee in North Port the judges up there are in the pockets of the landowners but where Iam at they abide by the Statues to the letter.  Just try and arrest a person on a vacant lot for trespassing without signs and an absentee land owner and see how far it gets.

Here are the only things that bug me about some ATVer's
No helmets - (adults can be dumb enough to decide for themselves)
Riding 3 or more. Riding 2 doesnt bother me if its slow
Riding right next Houses between 9p and 9am
Leaving trash and camp fires
Riding up and down roads - crossing them safely ok , no diff than a bike or pedestrian walking a dog.

These are the people getting us ATVers'noticed in a negative way.
There is still a lot of vacant land here in florida and just riding ATV's on it doesnt hurt the property. After all when an area is developed it is scrapped or built up the traces of the ATV's are gone.

Complaints are the driving force against us.

Former 9 yr Police Officer current ATVer





This is a pretty old thread that somehow got revived. Regardless, you being a former cop and current ATVer is great, but it makes zero difference.  You're comment on my brushing up on my Fla. Stats. is laughable. You don't own the land, you go on it, you're trespassing.  You will be warned the first time in most cases. However, it's not necessary to garner a ticket. Don't forget, there's always illegal assembly, criminal mischief, etc.

If your mind convinces you that it is okay to trespass just because you haven't seen a sign or recieved a warning, that's your problem. Still doens't make your actions proper. A nine year cop should realize this. You can try to justify it all you want. If it makes you feel better about yourself, great.

I've said it before, I am not trying to be Mr. Buzkill. However, I can tell you that the larger property owners in North Port are making a concerted effort to stop all the riding. I think it stinks that there are so few riding areas and wish North Port was a legal area. People just need to realize the risk and be careful.

Also, I am a civil trial attorney, not a prosecutor. But as a nine year cop, you probably figured that one out.


Title: Re: North Port
Post by: Seabeejim on February 10, 2006, 11:20:12 AM
Yes this tread is from a year ago..  But being from around the area of NP and knowing some people that are involved with what is going on there.  Let me put it in simple terms..  Some days there will be no Cops and other days they will be all over.  Don't chance it.  NPPD will be ticketing, telling people to leave, issuing warnings for Tresspassing, and anything that will keep people away.  All of NP is City limits and they want all riding stopped.  Find another place so ATVers won't get a bad name over this simple issue. 


Title: Re: North Port
Post by: SWFRider on February 10, 2006, 07:44:50 PM
Anoriginal .. If your a civil attorney why dont you file a lawsuit against Florida. ( Currently the 3rd largest selling ATV state in the nation) for taking our ATV registraion money and not providing riding areas for us. Based on your remarks to others here you do not support ATV's. So what are you doing hanging out on this board , or is my assumption incorrect ? People here are looking for advise on their rights and you come on here slamming anyone that trys to give it. If they are wrong then be a little more polite.  If you plan on giving advise here then please state the statues you speak of and be more specific. I would expect someone of your alleged knowledge to be more informative then just spouting that we have no right to go on any land not owned by us.

If anyone is interested in reading about Trespass in Florida the statue is FS 810.09 and FS 810.011 Burglary and Trespass and can usually be found in a library or just go to your local police department ask for a copy of the Trespassing Law. - See this is how its done !

It specificaly states under 810.09 (1)(a) subsection 1 - As to which notice against entering or remaining is given , either by actual communication to the offender or by posting, fencing or cultivation as described in 810.011.  Which means you must be warned verbaly or written or by its design prior to it becoming a crime.

And if I had a good civil attorney on my side and got arrestesd or detained without the above warnings on unposted or marked land then I would have a good lawsuit for violating my civil rights.

Please read 810.011 (5)(a) reguarding "Posted Land" it has specific requirements reguarding the posting of trespass signs.

Iam not a lawyer nor would I claim to be one , and you should consult a real attorney not just someone claiming to be one or read the laws yourself and make your own determination. Not based on what I claim or others on a web board.


Title: Re: North Port
Post by: Dr.Dirt on February 10, 2006, 09:41:50 PM
Anoriginal .. If your a civil attorney why dont you file a lawsuit against Florida. ( Currently the 3rd largest selling ATV state in the nation) for taking our ATV registraion money and not providing riding areas for us. Based on your remarks to others here you do not support ATV's. So what are you doing hanging out on this board , or is I disagreeumption incorrect ? People here are looking for advise on their rights and you come on here slamming anyone that trys to give it. If they are wrong then be a little more polite.  If you plan on giving advise here then please state the statues you speak of and be more specific. I would expect someone of your alleged knowledge to be more informative then just spouting that we have no right to go on any land not owned by us.

If anyone is interested in reading about Trespass in Florida the statue is FS 810.09 and FS 810.011 Burglary and Trespass and can usually be found in a library or just go to your local police department ask for a copy of the Trespassing Law. - See this is how its done !

It specificaly states under 810.09 (1)(a) subsection 1 - As to which notice against entering or remaining is given , either by actual communication to the offender or by posting, fencing or cultivation as described in 810.011.  Which means you must be warned verbaly or written or by its design prior to it becoming a crime.

And if I had a good civil attorney on my side and got arrestesd or detained without the above warnings on unposted or marked land then I would have a good lawsuit for violating my civil rights.

Please read 810.011 (5)(a) reguarding "Posted Land" it has specific requirements reguarding the posting of trespass signs.

Iam not a lawyer nor would I claim to be one , and you should consult a real attorney not just someone claiming to be one or read the laws yourself and make your own determination. Not based on what I claim or others on a web board.
:o


Title: Re: North Port
Post by: Seabeejim on February 12, 2006, 07:42:27 PM
I went there today to check it out and they were in hot pursuit.  Coming in on Price they were hooking people up with tickets for speeding, trailer tags, trailer lights anything they could.  Then of course one was sitting on the power lines issuing tickets for riding on roads, power lines, swell of road ect.  Then there were 2 federal game guys with 4 wheel drive trucks and waiting for people coming from any SWFMUD areas.  One told us it is straight up arrest and impound of car and bike if caught.  They are serious there.  But I see why.  Trash is everywhere and people are still riding down the roads and doing stupid crap like going through SWFMUD areas.  They are marked stay out.  We have lost this area, they will never let up.  Stay away is the best or agian we get the bad name..


Title: Re: North Port
Post by: qt314nfla on February 12, 2006, 07:51:48 PM
The only solution I can see out there would be to try to find a developer to create an ATV/OHV community.  Build homes and lots and have trails through out for owners and their guests.  If anyone knows how to do it that'd be great.  Heck I'd move 45 min from my office to live in an ATV community. 

I was talking to a friend last week and he said they were driving their cruisers down the trails giving tickets.  They packed it up real early so they could avoid the long list of tickets that were being dished out.  And like Jim said last few times I was down there the ppl riding wheelies and screaming down the streets was out of control.  Not a good sign for us.


Title: Re: North Port
Post by: Anoriginal on February 13, 2006, 08:01:26 AM
SWFrider:

You've made 11 posts on this board. I suggest you do a little research before spouting off about who does and who doesn't support ATVs. In addition, you can't just "sue Florida". There's a little issue called sovreign immunity that gets in the way. Also, who's going to pay for the suit?

I've always found this site to be welcome to opinions and discussion. That's one of the reasons I enjoy it so much. However, when someone puts out info that's incorrect, the rest of us usually correct them. Hence, my comments to you about attempts to justify trespassing.

As far as your "real attorney" comment goes, that's cute. However, as a "real attorney" I can tell you that attempting to justify trespassing does nothing to support or promote our sport. In fact, doing so makes you part of the problem. Ignorance and stupidity (especially when combined) are two of the worst threats we face. My suggestion is to consider your actions regardless of whether you believe you can justify them in your mind or not. Wrong is still wrong, just like trespassing is still trespassing. The ATV community rises and falls by action, not threat. Poor decisions and incorrect action (unfortunately) garner the most attention.


Title: Re: North Port
Post by: Paul_S on February 13, 2006, 06:41:39 PM
My suggestion is to consider your actions regardless of whether you believe you can justify them in your mind or not. Wrong is still wrong, just like trespassing is still trespassing. The ATV community rises and falls by action, not threat. Poor decisions and incorrect action (unfortunately) garner the most attention.

That is very true.


Title: Re: North Port
Post by: jetski dawg on February 13, 2006, 09:00:20 PM
i was stopped saturday and the police was very cool about riding out there. he explaned that it was out of control. all you have to do is follow the rules. the PD doesnt want to be there either. but alot of knuckle heads left them with no choice.


Title: Re: North Port
Post by: mikeE36 on February 13, 2006, 11:57:20 PM
so whats the deal. if were fallowing the rules they wont get us?


Title: Re: North Port
Post by: Dr.Dirt on February 14, 2006, 05:24:25 PM
No, they will still pull you over. Its too late, that place is gone. It's gonna be like the Yucapan now with constant patrols. Mark another riding area gone.


Title: Re: North Port
Post by: SWFRider on February 14, 2006, 08:49:35 PM
Dr Dirt have you noticed they put up more signs around the Yucapan ? Hmm thought they werent needed. Notice also that they had to give out warnings first before the signs. Its a shame that it has come to this. Its alot of unused land and now they have shut it down completely. People have been riding in some of these areas for generations and hasnt been a problem. Just goes to show what the over development of south florida is doing and what a few complaints can accomplish. Cant go to beaches - too crowded. Cant go boating - too crowded. Cant even drive around here anymore. Resturants are even too crowded. >:(

Anoriginal -I dont support Trespassing. I care alot about this sport and have alot of money invested in it.  All I did was state the law and gave specific Florida Statues for people to research. What does me only having 11 posts have to do with anthing. Lighten up..Jeesh. Where do you ride?


Title: Re: North Port
Post by: jetski dawg on February 14, 2006, 10:30:24 PM
the PD told me if you dont have property there, they will run you off...yup, another place lost..i agree with QT..hell they make golf course communities, why not off roading communities.. in WI the state every winter, designates trails for snowmobiles and atvs that cover the entire state. they go thru towns with resturants, bars and lodges getting in on the action. you drive down the highways and right next to them there are trails with speedlimit and information signs on them.all paid for by registation fees and local sales taxes.unless the state of FL gets off its a$$. all thats gonna happen is alot of law biding citizens continue breaking the law and making private land owners mad.


Title: Re: North Port
Post by: Dr.Dirt on February 14, 2006, 10:58:29 PM
It was only a few people constantly complaining that lived out in the Yucapan, and thats all it took to close it. I think if we could all start complaining about not being able to ride to our Gov. officials we would be able to get through and maybe, just maybe get something done. I for one am pissed about the Yucapan. I got a Yamaha Blaster to ride out there and of corse I only got to ride out there once for about 15 mins and that was it. Now I am forced to ride the empty lots around me, the few ones that there are...But now since they started patroling the Yucapan, I have had no trouble for riding in the lots. I guess thats what we are restricted to is a small square of land. I got pulled over twice riding in lots and the cops told me to go out to the Yucapan and ride there, they even said they rode there (keep in mind this was before it got closed when they told me to ride out there). Now it looks like it is ruined for all because of the actions of a few..Where does that sound familiar?


Title: Re: North Port
Post by: rktek on February 18, 2006, 08:53:17 PM
So where do I ride now?  I live in North Port.
I bought the bike now I'll find the trails.