North Port

[adiobeartracker04]

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.

[Anoriginal]

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.

[adiobeartracker04]

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.

[2Raptors]

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.

[Seabeejim]

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.

[americanhighlander]

check out my topic...


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

[boostbusa]

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

[Dr.Dirt]

I fought the law..and the law won.    This is getting heated, I think this would make a great TV show. 

[Anoriginal]

Anoriginal- No offense  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.

[Seabeejim]

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. 

[SWFRider]

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.

[Dr.Dirt]

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.

[Seabeejim]

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..

[qt314nfla]

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.

[Anoriginal]

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.

[Paul_S]

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.

[jetski dawg]

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.

[mikeE36]

so whats the deal. if were fallowing the rules they wont get us?

[Dr.Dirt]

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.

[SWFRider]

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?

[jetski dawg]

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.

[Dr.Dirt]

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?

[rktek]

So where do I ride now?  I live in North Port.
I bought the bike now I'll find the trails.