QUOTE(HozayKwarvo @ Oct 5 2007, 04:39 PM)

On the speed... supposedly speed around camps, wash road, gecko flats, sand highway and the rest of the hot spots will be handled this year. Heard that the BOD meeting that they purchased 3 LIDAR gunns and sent folks to training.
That is a great tool and almost impossible to beat in court when on the highway.
Brian Ask the ICSO how these infractions in court will stand. We are having this very issue in Riv County courts trying to enforce our county ordinances. Also ask if they will be citing for a county ordinance or vehicle code violations. Below is the California vehicle code sections and Imperial County ordinances that apply. There is many sub sections but the meat of it is below. Most of the statute says
upon a highway. Any defense attorney will argue the fact that the dunes are not a highway. Maybe one of the board members that is a lawyer will speak up for some clarification.
This is a very interesting time to be following the enforcement and prosecution of these cases, this has been creating lots of case law out of the rulings. Please pass on to fellow duners to slow down, so more laws are not created to eventually close the dunes.
California Vehicle Codes
22348. (a) Notwithstanding subdivision (b) of Section 22351, a
person shall not drive a vehicle upon a highway with a speed limit
established pursuant to Section 22349 or 22356 at a speed greater
than that speed limit.
(b) A person who drives a vehicle upon a highway at a speed
greater than 100 miles per hour is guilty of an infraction
punishable, as follows:
22349. (a) Except as provided in Section 22356, no person may drive
a vehicle upon a highway at a speed greater than 65 miles per hour.
22350. No person shall drive a vehicle upon a highway at a speed
greater than is reasonable or prudent having due regard for weather,
visibility, the traffic on, and the surface and width of, the
highway, and in no event at a speed which endangers the safety of
persons or property.
Imperial County ordinances that pertain to Glamis:
12.42.010 Purpose.
Whereas the Imperial Sand Dunes Recreation Area (Imperial Sand Dunes) has become a year-round recreation area for off highway vehicle enthusiasts. And, whereas, during certain times of the year, including Thanksgiving, New Years, Halloween and other three day weekends, the Imperial Sand Dunes is visited by more than sixty thousand (60,000 ) recreationists. Unfortunately, the area within the Imperial Sand Dunes generally known as Competition Hill has been designated by local law enforcement as an area of lawlessness at times beyond their control, particularly during nighttime, creating serious concern for their safety as well as the safety of the public in general. For example, while attempting to enforce federal and state laws at Competition Hill, law enforcement has been surrounded by thousands of unruly recreationists threatening physical harm.
In an effort to mitigate this situation, it has been recommended by the Imperial County Sheriff’s Department, in cooperation with the bureau of land management that Competition Hill be closed to any and all recreationists during nighttime hours. It is their belief that the closing of Competition Hill during nighttime hours is essential to maintaining a safe area for recreationists. (Ord. 1359, § 1 (part), 2002)
12.42.020 Prohibitions.
It shall be unlawful for any person to enter the area generally known as Competition Hill within the Imperial Sand Dunes one half hour before sunset until one half hour after sunrise. (Ord. 1359, § 1 (part) 2002)
12.42.030 Exceptions.
Notwithstanding the provisions of Section 12.42.020, the provisions of this chapter shall not apply to persons using Competition Hill in an emergency. (Ord. 1359, § 1 (part), 2002)
12.42.040 Posting.
The Imperial County Sheriffs Department, in cooperation with the bureau of land management and/or such other agency, as designated by the county or the bureau of land management, shall erect such signs and/or other notices stating the prohibitions contained herein, at such places as deem appropriate. (Ord. 1359, § 1 (part), 2002)
12.42.050 Enforcement.
Violations of this chapter may be enforced by any federal, state or local peace officer or ranger with peace officer status, or by any officer or employee of the county who has peace officer training as may be assigned to such duty. (Ord. 1359 (part), § 1)
12.42.060 Penalty.
A. A violation of this chapter is a misdemeanor and shall be punishable by a fine of not more than five hundred dollars ($500.00) or by imprisonment in the county jail for not more than six months or both.
B. The continuance or reoccurrence of a violation more than twenty-four (24) hours after a previous citation shall be considered a separate violation and shall be cited as such. (Ord. 1359, § 1 (part), 2002)