Palm Beach County Opt Out & ATV Ordinance Information

Started by PBSO_ATV_Deputy_4, April 02, 2007, 10:13:00 PM

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PBSO_ATV_Deputy_4

I've been getting numerous questions about PBC opting out and the new ATV Ordinance. On Feb 27th, 2007, the PBC Board of County Commissioners voted 7-0 to opt out of FS 316.2123(1). At the same time, the BCC approved PBC Ordinance No. 2007-002, "All Terrain Vehicle (ATV) Operation On Unpaved Roadways."The ordinance states "ATVs may not be operated during anytime of the day or night on an unpaved roadway within Palm Beach County." Any violation of this ordinance is a civil infraction and shall be punishable by a fine of $500.00 dollars. Please spread the word so use of this ordinance can be minimized....Thanks

MATT1969

ONE DAY YOU CANT.ONE DAY YOU CAN.ONE DAY YOU CANT,AND NOW YOU GET A 5OO$ FINE.THATS MY COUNTY DOING A FINE JOB OF TAKIN CARE OF ITS CITIZINS.KEEP UP THE GOOD WORK ON CONFUSING THE HELL OUT OF EVERYBODY.THANKS PALM BEACH COUNTY.NOW LETS GO GET ALL THOSE BAD PEOPLE RIDING ATVS ,DONT FORGET THE GOLF CARTS .

TailWalker

It was only a matter of time......Diddo's on the golf carts!!They ride them all over the place here in the Farms.Never once have I seen police pull one over.Saw a guy using one to ride on the canal fishing and a deputy drove right by him never paid him any mind at all.I thought they weren't allowed on roads also ???
07' Honda Rancher 420ES
06' Honda Recon 220ES
06' Can-Am Mini DS90

digginfool

You generally don't see golf carts wheeling at 50 mph down the street with some shirtless, shoeless and helmetless fool screaming like a madman.  When he's finally done showing off to his homies, his buddy jumps on his quad, girlfriend hanging off the back and runs themselves into a powerpole, killing her while he sits on the road wondering what happened.  In the meantime, the ambulance that came to collect the bodies gets a flat tire from the broken beer bottles our ATV riders left lying around.  That's what's happening to our sport.   :F :F :cursing.gif :cursing.gif :gr :gr
"Peace is that brief glorious moment in history when everybody stands around reloading". --Thomas Jefferson

"When plunder becomes a way of life for a group of men living together in society, they create for themselves ... a legal system that authorizes it and a moral code that glorifies it."

Mudneck

Quote from: digginfool on April 03, 2007, 07:34:33 AM
You generally don't see golf carts wheeling at 50 mph down the street with some shirtless, shoeless and helmetless fool screaming like a madman.  When he's finally done showing off to his homies, his buddy jumps on his quad, girlfriend hanging off the back and runs themselves into a powerpole, killing her while he sits on the road wondering what happened.  In the meantime, the ambulance that came to collect the bodies gets a flat tire from the broken beer bottles our ATV riders left lying around.  That's what's happening to our sport.   :F :F :cursing.gif :cursing.gif :gr :gr


AGREE

Its thos ASH's who ruiin it for the people who take the atv to go visit a neighbor or take the kids fishing......Now gotta jump in a car to go 2 blocks. Thanks all you reckless pricks :o
[url="http://mudneck.com/home.html"]http://mudneck.com/home.html[/url]

JackL

Quote from: digginfool on April 03, 2007, 07:34:33 AM
You generally don't see golf carts wheeling at 50 mph down the street with some shirtless, shoeless and helmetless fool screaming like a madman.  When he's finally done showing off to his homies, his buddy jumps on his quad, girlfriend hanging off the back and runs themselves into a powerpole, killing her while he sits on the road wondering what happened.  In the meantime, the ambulance that came to collect the bodies gets a flat tire from the broken beer bottles our ATV riders left lying around.  That's what's happening to our sport.   :F :F :cursing.gif :cursing.gif :gr :gr

This is funny. Nice picture you paint of sport quad guys there.




The only rules that really matter are these: what a man can do and what a man can't do.

digginfool

I happen to ride a modified Raptor (check my sig) that is very fast and I enjoy going fast on it.  However, I do it where it is appropriate, when it's appropriate and wear the appropriate gear while doing it.  If you don't like the truth, then do your part to become part of the solution.
"Peace is that brief glorious moment in history when everybody stands around reloading". --Thomas Jefferson

"When plunder becomes a way of life for a group of men living together in society, they create for themselves ... a legal system that authorizes it and a moral code that glorifies it."

Bleedsblue

Quote from: JackL on April 03, 2007, 02:44:11 PM
Quote from: digginfool on April 03, 2007, 07:34:33 AM
You generally don't see golf carts wheeling at 50 mph down the street with some shirtless, shoeless and helmetless fool screaming like a madman.  When he's finally done showing off to his homies, his buddy jumps on his quad, girlfriend hanging off the back and runs themselves into a powerpole, killing her while he sits on the road wondering what happened.  In the meantime, the ambulance that came to collect the bodies gets a flat tire from the broken beer bottles our ATV riders left lying around.  That's what's happening to our sport.   :F :F :cursing.gif :cursing.gif :gr :gr

This is funny. Nice picture you paint of sport quad guys there.

Actually it's more funny that you ASSUMED it was a sport quad. No where did he state that it was a sport quad. My King quad will wheelie all day long and will go well over 50. Fact is his description is dead on. I see it nearly every day along 441 around the Lake Worth stretch of road as well as along the sides of the road throughout the acreage/loxahatchee.

Bill
2008 Ford F-250, 8" Fabtech Lift, 38" Kumho MTs
2007 Yamaha Rhino 660, 27" Mudbugs

sbripple

If I read it correctly the deputy is saying we cant ride on unpaved roads.I guess I gotta change my tires to stock and get on the pavement.That sucks,I'd rather ride on dirt.The deputies are excercising lots of discretion though.They can ticket you or warn you.So....if you have some sort of bribe to offer when caught its a god idea.They take free donuts,coffee,sodas,and any equipment you may own that they can borrow for personal use  ,then you can get let off.They also accept free mechanic jobs on their personal vehicles and cash of course.

Tripyn

I may get flamed BIG time for this but here it goes.

No, I do not live in PB County but I have read many posts from the Deputy over the last year.  His posts have always been informative and never seems he is out to get us; as I read it this guy is only trying to give a "fair warning".  I am sure he is not looking for all the grief we give him, he is only "doing his job" and not earning free donuts doing it!  I can always sympathize with riding problems, we have the same idiots here in Deltona that rip up and down city streets and make us all look bad.

PBSO_ATV_Deputy_4

I thank Tripyn for seeing the big picture. My presence here is to help the sport, and promote public safety, nothing more. I've pulled over at least 15 ATV's in the past 2 days. I issued each rider a written warning or in some cases, a verbal warning when I was tired of writing. I educated everyone on the the new PBC ordinance and legal riding areas in the county(that takes 2 seconds). I also give them this website so they can join in on group rides and learn more about local and distant riding areas. It takes more effort for me to write out a warning ticket than issue a uniform traffic citation. I have a computerized ticket system where all I have to do is swipe a D/L through it and click on the violation and it's printed in seconds. I was born and raised in PBC and have been riding since I was 10. It's ironic, that the areas I once rode in I now patrol. Sadly, PBC is not what it used to be and the riding areas are all gone. The Holey Land and Rotenberger WMAs are all that's left in the county. Underhills/Bamboo is nearby. Those who trailer usually won't get to meet me, but those who choose to continue to ride on the roadways and/or trespass in the natural areas will at some point. As for the donuts, I prefer the Starbucks caramel apple cider.....

SWAMP_DONKEY

Quote from: Tripyn on April 09, 2007, 06:10:33 PM
I may get flamed BIG time for this but here it goes.

No, I do not live in PB County but I have read many posts from the Deputy over the last year.  His posts have always been informative and never seems he is out to get us; as I read it this guy is only trying to give a "fair warning".  I am sure he is not looking for all the grief we give him, he is only "doing his job" and not earning free donuts doing it!  I can always sympathize with riding problems, we have the same idiots here in Deltona that rip up and down city streets and make us all look bad.

Amen Brother.... they have a job to do, be thankfull this guy loves the sport.

SWAMP_DONKEY

Quote from: digginfool on April 03, 2007, 07:34:33 AM
You generally don't see golf carts wheeling at 50 mph down the street with some shirtless, shoeless and helmetless fool screaming like a madman.  When he's finally done showing off to his homies, his buddy jumps on his quad, girlfriend hanging off the back and runs themselves into a powerpole, killing her while he sits on the road wondering what happened.  In the meantime, the ambulance that came to collect the bodies gets a flat tire from the broken beer bottles our ATV riders left lying around.  That's what's happening to our sport.   :F :F :cursing.gif :cursing.gif :gr :gr

  FOOL you are perfect on this one!!!!

JackL

Quote from: Bleedsblue on April 03, 2007, 05:05:58 PM
Quote from: JackL on April 03, 2007, 02:44:11 PM
Quote from: digginfool on April 03, 2007, 07:34:33 AM
You generally don't see golf carts wheeling at 50 mph down the street with some shirtless, shoeless and helmetless fool screaming like a madman.  When he's finally done showing off to his homies, his buddy jumps on his quad, girlfriend hanging off the back and runs themselves into a powerpole, killing her while he sits on the road wondering what happened.  In the meantime, the ambulance that came to collect the bodies gets a flat tire from the broken beer bottles our ATV riders left lying around.  That's what's happening to our sport.   :F :F :cursing.gif :cursing.gif :gr :gr

This is funny. Nice picture you paint of sport quad guys there.

Actually it's more funny that you ASSUMED it was a sport quad. No where did he state that it was a sport quad. My King quad will wheelie all day long and will go well over 50. Fact is his description is dead on. I see it nearly every day along 441 around the Lake Worth stretch of road as well as along the sides of the road throughout the acreage/loxahatchee.

Bill

My Vinson will also hit 60mph, BFD, but I have NEVER seen anyone on a Grizzly, KQ or any other 4x4 quad doing as described above. I'm sorry, that honor is reserved for 2x4 yahoos.

-------------

"When he's finally done showing off to his homies"

-------------


LMAO, yeah, mud guys often show off for their homies on the streets. Please...




The only rules that really matter are these: what a man can do and what a man can't do.

AintSkeered

The ordinance states "ATVs may not be operated during anytime of the day or night on an unpaved roadway within Palm Beach County." Any violation of this ordinance is a civil infraction and shall be punishable by a fine of $500.00 dollars. Oh, PLEEEEEEEEEEEEEEEEEEEEEESE spare me the discriminatory, Nazi BS! That means the ATVer would be fined more than if he/she recklessly operated of a car, was speeding, running stop signs/traffic signals, etc., etc..
2015 Can-Am Outlander XT-P by Perry Performance Group

JackL

Quote from: AintSkeered on April 11, 2007, 02:12:49 PM
The ordinance states "ATVs may not be operated during anytime of the day or night on an unpaved roadway within Palm Beach County." Any violation of this ordinance is a civil infraction and shall be punishable by a fine of $500.00 dollars. Oh, PLEEEEEEEEEEEEEEEEEEEEEESE spare me the discriminatory, Nazi BS! That means the ATVer would be fined more than if he/she recklessly operated of a car, was speeding, running stop signs/traffic signals, etc., etc..

So if it is $500 to be on a dirt road, how much does the asphalt riding cost? The wording of the ordinance sounds like grass and swales are fair game...
The only rules that really matter are these: what a man can do and what a man can't do.

PBSO_ATV_Deputy_4

#16
It is unlawful to ride on the sides of the road, which includes the sidewalks and swales. As for riding on the paved roads, there are to many violations to list, but I'm sure it evens out with the $500 fine if all were written. Avoiding roads all together is the safest bet. PBC chose to maximize the fine to $500 so the ordinance would be taken seriously. Seems no one minds shelling out $50 when finally caught after many "successful" outtings. $500 is a different story. Citizen complaints have dropped considerably since the enforcement began, so it's working in this county. Complaining to me about it doesn't accomplish anything, as I don't make the rules, I just enforce them.


316.003  Definitions.--

(47)  SIDEWALK.--That portion of a street between the curbline, or the lateral line, of a roadway and the adjacent property lines, intended for use by pedestrians.

(53)  STREET OR HIGHWAY.-- (a)  The entire width between the boundary lines of every way or place of whatever nature when any part thereof is open to the use of the public for purposes of vehicular traffic

316.1995  Driving upon sidewalk or bicycle path.--No person shall drive any vehicle other than by human power upon a bicycle path, sidewalk, or sidewalk area, except upon a permanent or duly authorized temporary driveway. A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318.  $ 120.50 fine, 3 points on D/L


316.2074  All-terrain vehicles.--

(1)  It is the intent of the Legislature through the adoption of this section to provide safety protection for minors while operating an all-terrain vehicle in this state.

(2)  As used in this section, the term "all-terrain vehicle" means any motorized off-highway vehicle 50 inches or less in width, having a dry weight of 900 pounds or less, designed to travel on three or more low-pressure tires, having a seat designed to be straddled by the operator and handlebars for steering control, and intended for use by a single operator with no passenger. For the purposes of this section, "all-terrain vehicle" also includes any "two-rider ATV" as defined in s. 317.0003.

(3)  No person under 16 years of age shall operate, ride, or be otherwise propelled on an all-terrain vehicle unless the person wears a safety helmet meeting United States Department of Transportation standards and eye protection. $ 76.50 Fine

(4)  If a crash results in the death of any person or in the injury of any person which results in treatment of the person by a physician, the operator of each all-terrain vehicle involved in the crash shall give notice of the crash pursuant to s. 316.066.

(5)  Except as provided in this section, an all-terrain vehicle may not be operated upon the public roads, streets, or highways of this state, except as otherwise permitted by the managing state or federal agency. $ 76.50 Fine

(6)  An all-terrain vehicle having four wheels may be used by police officers on public beaches designated as public roadways for the purpose of enforcing the traffic laws of the state. All-terrain vehicles may also be used by the police to travel on public roadways within 5 miles of beach access only when getting to and from the beach.

(7)  An all-terrain vehicle having four wheels may be used by law enforcement officers on public roads within public lands while in the course and scope of their duties.

(8  A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318.

Gato

Quote from: JackL on April 11, 2007, 10:09:37 AM
Quote from: Bleedsblue on April 03, 2007, 05:05:58 PM
Quote from: JackL on April 03, 2007, 02:44:11 PM
Quote from: digginfool on April 03, 2007, 07:34:33 AM
You generally don't see golf carts wheeling at 50 mph down the street with some shirtless, shoeless and helmetless fool screaming like a madman.  When he's finally done showing off to his homies, his buddy jumps on his quad, girlfriend hanging off the back and runs themselves into a powerpole, killing her while he sits on the road wondering what happened.  In the meantime, the ambulance that came to collect the bodies gets a flat tire from the broken beer bottles our ATV riders left lying around.  That's what's happening to our sport.   :F :F :cursing.gif :cursing.gif :gr :gr
You dont know someone I know he does (SAVE) wheelies with his passenger on a honda 4x4 dont ask who I am not gonna say but he does like music and post he lol and other places I will try to get a pic and post it
This is funny. Nice picture you paint of sport quad guys there.

Actually it's more funny that you ASSUMED it was a sport quad. No where did he state that it was a sport quad. My King quad will wheelie all day long and will go well over 50. Fact is his description is dead on. I see it nearly every day along 441 around the Lake Worth stretch of road as well as along the sides of the road throughout the acreage/loxahatchee.

Bill

My Vinson will also hit 60mph, BFD, but I have NEVER seen anyone on a Grizzly, KQ or any other 4x4 quad doing as described above. I'm sorry, that honor is reserved for 2x4 yahoos.

-------------

"When he's finally done showing off to his homies"

-------------


LMAO, yeah, mud guys often show off for their homies on the streets. Please...





2008 Yamaha Rhino 700FI(camo)
2002 Arctic Cat 400i 4x4
2010 Arctic CAt 700 h1

AintSkeered

#18
Many of those so-called citizens apparently don't mind the much more serious and deadly traffic infractions(with $69 fines) they cause and/or have to avoid on a daily basis. But, they can sleep easier at night because there's a $500 fine for those ATVers!
2015 Can-Am Outlander XT-P by Perry Performance Group

JackL

Quote from: PBSO_ATV_Deputy_4 on April 11, 2007, 05:37:21 PM
It is unlawful to ride on the sides of the road, which includes the sidewalks and swales. As for riding on the paved roads, there are to many violations to list, but I'm sure it evens out with the $500 fine if all were written. Avoiding roads all together is the safest bet. PBC chose to maximize the fine to $500 so the ordinance would be taken seriously. Seems no one minds shelling out $50 when finally caught after many "successful" outtings. $500 is a different story. Citizen complaints have dropped considerably since the enforcement began, so it's working in this county. Complaining to me about it doesn't acomplish anything, as I don't make the rules, I just enforce them.

I fully understand what you are saying, and I thank you for taking the time to post the relevant statutes....even if my post was just tongue and cheek.

Personally, I am glad I live in Davie where the police just smile and wave when I am riding to the store up the swale between the road and sidewalk from my house.

I guess with all the unpaved roads in PBC, it would get pretty bad if the statewide rule stood there with all the morons...err...citizens that inhabit the area these days.


AintSkeered: Obviously Palm Beach is REAL serious about keeping atv's off the dirt roads. Weird, because so many people own them there...just remember, these are the same people fining Donald Trump for flying an American flag over his house.



The only rules that really matter are these: what a man can do and what a man can't do.

PBSO_ATV_Deputy_4

AintSkeered,
Actually, the citizens are sleeping better at night here because we've reduced the number of violators riding in residential neighborhoods at 2am with loud exhausts. One thing you have to consider, PBC is the biggest county in the state. While ATV sales are high here, most people here do not own ATVs. Our biggest problem is we have large residential communities with dirt roads. Most of these are equestrian communties and I can tell you, horses and ATVs don't mix well. The equestrians are well organized and financed. Not many people enjoy being awakened at 2am by a loud ATV illegally riding along the canal bank behind their house. Many residents tried putting fences along the canal banks, only to have ATVers knock down the fence and give them a "lawn job" for their troubles. We had serious problems here which needed serious attention. Sadly, the violators ruined it for those who were doing the right thing with their families and friends.

sbripple

pbso deputy ,you said  you dont right the law you only enforce them.I take exception to that state ment.I feel you use the laws to give your gang more power to extort special favors.You guys only extort special favors and cash from people not wanting legal problems and the atv law is just another tool in your arsenal.BULLPOOP!The pbso deputies are the worst offenders of traffic laws I have ever seen.You  falsify reports regularly and bully the public at will.A gang of organized  criminals.

JackL

The equestrians are well organized and financed.


I didn't even consider the horse crowd. Well, there is your answer Anti on the crazy statute.


PBSO_ATV_Deputy_4 : Are horses allowed on the swales, sidewalks and unpaved roads?
The only rules that really matter are these: what a man can do and what a man can't do.

JackL

Quote from: sbripple on April 11, 2007, 11:10:23 PM
pbso deputy ,you said  you dont right the law you only enforce them.I take exception to that state ment.I feel you use the laws to give your gang more power to extort special favors.You guys only extort special favors and cash from people not wanting legal problems and the atv law is just another tool in your arsenal.BULLPOOP!The pbso deputies are the worst offenders of traffic laws I have ever seen.You  falsify reports regularly and bully the public at will.A gang of organized  criminals.


I like you better when you aren't drunk.

Give these guys a break. They have a pretty crap job dealing with scum all day. The slightest bit of respect with them goes a very long way. It is a job, just like the one you probably hate to do.

Let me assure you, they can tell you hate them the second you start an encounter where ever it may be. Dealing with the police shouldn't scare you, and you shouldn't hate them. They are there for your protection whether you believe it or not.

If you can accept this, I guarantee future interactions with the law will turn out in your favor.

Trust me, I'm no LEO either, but have been in many a situation with them.....some great stories. LMAO. Good luck buddy, you are going to need it.
The only rules that really matter are these: what a man can do and what a man can't do.

PBSO_ATV_Deputy_4

JackL,
Horses are allowed on the roadways, shoulder and sidewalks. While swales aren't mentioned, they are considered part of the right-of-way. The laws applicable to vehicles and pedestrians also apply to them. As horses were a primary mode of transportation at one time, history has granted them roadway access.

316.073  Applicability to animals and animal-drawn vehicles.--Every person driving an animal-drawn vehicle upon a roadway is subject to the provisions of this chapter applicable to the driver of a vehicle, except those provisions of this chapter which by their nature can have no application. The provisions of this chapter applicable to pedestrians, with the exception of s. 316.130(3), apply to any person riding or leading an animal upon a roadway or the shoulder thereof.

316.0825  Vehicle approaching an animal.--Every person operating a motor vehicle shall use reasonable care when approaching or passing a person who is riding or leading an animal upon a roadway or the shoulder thereof, and shall not intentionally startle or injure such an animal. A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318. $120.50 fine 3 points




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