SECTIONS 5090.01-5090.12 - California Statutes

PUBLIC RESOURCES CODE

SECTION 5090.01-5090.12

5090.01. This chapter shall be known and may be cited as the
Off-Highway Motor Vehicle Recreation Act of 2003.

5090.02. (a) The Legislature finds all of the following:
(1) Off-highway motor vehicles are enjoying an ever-increasing
popularity in California.
(2) Off-highway recreation includes both motorized recreation and
motorized off-highway access to nonmotorized recreation activities.
(3) The indiscriminate and uncontrolled use of those vehicles may
have a deleterious impact on the environment, wildlife habitats,
native wildlife, and native flora.
(b) The Legislature hereby declares that effectively managed areas
and adequate facilities for the use of off-highway vehicles and
conservation and enforcement are essential for ecologically balanced
recreation.
(c) Accordingly, it is the intent of the Legislature that:
(1) Existing off-highway motor vehicle recreational areas,
facilities, and opportunities should be expanded and managed in a
manner consistent with this chapter, in particular to maintain
sustained long-term use.
(2) New off-highway motor vehicle recreational areas, facilities,
and opportunities should be provided and managed pursuant to this
chapter in a manner that will sustain long-term use.
(3) The department should support both motorized recreation and
motorized off-highway access to nonmotorized recreation.
(4) When areas or trails or portions thereof cannot be maintained
to appropriate established standards for sustained long-term use,
they should be closed to use and repaired, to prevent accelerated
erosion. Those areas should remain closed until they can be managed
within the soil conservation standard or should be closed and
restored.
(5) Prompt and effective implementation of the Off-Highway Motor
Vehicle Recreation Program by the department and the Division of
Off-Highway Motor Vehicle Recreation should have an equal priority
among other programs in the department.
(6) Off-highway motor vehicle recreation should be managed in
accordance with this chapter through financial assistance to local
governments and joint undertakings with agencies of the United States
and with federally recognized Native American tribes.

5090.03. Unless the context otherwise requires, the definitions in
this article govern the construction of this chapter.

5090.04. "Commission" means the Off-Highway Motor Vehicle
Recreation Commission.

5090.05. "Division" means the Division of Off-Highway Motor Vehicle
Recreation of the Department of Parks and Recreation.

5090.06. "Fund" means the Off-Highway Vehicle Trust Fund created by
subdivision (c) of Section 38225 of the Vehicle Code.

5090.07. "Off-highway motor vehicle" means an off-highway motor
vehicle as defined in Section 38006 of the Vehicle Code.

5090.08. "Program" means the Off-Highway Motor Vehicle Recreation
Program.

5090.09. "System" means the state vehicular recreation areas, the
California Statewide Motorized Trail, areas and trails within the
state park system, and areas supported by the grant program.

5090.10. "Conservation" means activities, practices, and programs
that sustain soils, plants, wildlife, and their habitat in accordance
with the standards adopted pursuant to Section 5090.35.

5090.11. "Restoration" means, upon closure of the unit or any
portion thereof, the restoration of land to the contours, the plant
communities, and the plant covers comparable to those on surrounding
lands or at least those that existed prior to off-highway motor
vehicle use.

5090.12. "Grant program" means the local assistance grant program
and the cooperative agreement program.