Re[2]: [at-l] Trip Report (off trail) update

[spiriteagle99@hotmail.com (Jim and/or Ginny Owen)]

Bob C. wrote:
>"...You  should  have 'confiscated' the license plate if there was one," 
>advises Shane.
>
>My temptation was to demolish the machine. But it was in 2.5 feet of muddy 
>water and  five or six feet from the shore. As it turned out the family 
>that owned the machine claimed it was "stolen." Who knows? But the mother 
>did call, thanking me for  finding the machine, and claiming her little boy 
>had been in tears "because his three-wheeler had been taken."

A couple thoughts, Bob -
Three-wheeler?  As I recall, sale of three-wheelers was banned in the US a 
number of years ago - and while I don't know about Maine, in MD and VA you 
can't even register them.  If it's not registered, how would the rider get 
to your land without riding on a public road?  Would that be illegal in 
Maine?  If so, that would be the jurisdiction of the State Police, not the 
local warden.

Second thought - how big a fine is there for littering?  An abandoned ATV 
should certainly be considered litter  :-))

Or maybe you have local ordinances against dumping?

>I  did  call  the  local  game  warden  because  as  Rocky reminded me they 
>have jurisdiction over ATVs in Maine. The warden claimed that unless the 
>property was posted  for  no  trespassing  no  crime is being committed by 
>ATVs using private property. So to keep ATVs from damaging a preserve that 
>we bought to give people a  trail  to walk on, we have to keep hikers off.

Unless Maine is a whole lot different than the rest of the country, the land 
can be posted any way you want.  Posting "against" bicycles, ATVs, horses, 
etc is common and enforcable IF the local law enforcement agency 1/ has the 
money and 2/ has the inclination.  In other words, if they're not too lazy, 
disinterested or personally involved to do their job.  What's the 
relationship between the warden and the family of the owner of that ATV?

In any case, posting against vehicles doesn't preclude the use of the land 
for hiking or other intended usage.


>I'm  meeting  with the warden and town officials Wednesday. But I think our 
>next step is to try to get the law changed.

If you don't get satisfaction, I'd suggest a good lawyer. I suspect that 
it's not the law that needs changing, but the warden.


>The  warden  did  say  I  could sue any ATV user I caught in the act of 
>causing damage,  providing  I  was able to identify the specific damage he 
>had caused as opposed to all the damage previous ATVs has caused!

And providing that you can identify the rider too - right?

So carry a camera - or better yet, a video camera.  Do they know your 
routine?  Change it - catch them doing the damage and make them video stars. 
  There's a recent case of skateboarders who were convicted of trespass 
because they'd filmed their own performances - and then sold copies of the 
video tape.  Unfortunately for them, they were on easily recognizable 
Federal (NPS) property  :-)

Good luck
Jim



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