Since going off the trail is what killed the only riding area down here, what do you feel the punishment should be for going off trail? What about when the perps are long gone? How would you combat the problem?
I had to think about this one.
What should the penalty be? Depends on the circumstances.
Near my house is Happy Valley, a state park. There are roads open to ATVs. They are dirt, gravel, and crushed stone roads. The ones open to ATVs are not always clearly marked. You could easily get off track in there and end up on a road you're not supposed to be on. While it would be illegal, you're not exactly damaging anything, or bothering anyone. The roads closed to ATVs are just like the open ones, and can be driven on with a snowmobile, street plated motorcycle or a pickup. The penalty for driving on the wrong road there should not be much, as it could happen to anyone not paying strict attention to where they are supposed to be riding, and it is unlikely you harmed anything.
You could, however, go tearing off through the woods there, or anywhere else, obviously off the trail and do damage to public or private property. You could simply be trespassing on private property, or on a road clearly closed to ATVs. The penalty here should be stiff. I believe the fines should be north of $500.00 for a first offense, and include forfeiture of the ATV if necessary in order to compensate the State or private property owner for damage done to the property. While this wouldn’t stop stupid people from riding illegally, it would be enough of a deterrent to keep non-mentally defective, and sober, riders on the trail.
ATV seizure could also aid in trail enforcement. If clubs were able to keep a portion of the fines, or take possession of seized machines, it would pay for the enforcement necessary to keep illegal riding curbed. It is a bit like the DWI enforcement done in the 80s. The fines paid for additional patrols. If the problem subsided, finding would dry up. If it grows, so does enforcement funding.
