Illegal ATV use penalties

[RobG]

There are a few idiots that ride around on some state land that I'm familiar with. They are spreading knapweed all over the place - I've watched it spread over the last dozen years. This fall I took a picture of tracks running right through a patch that had gone to seed.

I talked with the local biologist and he says it is antler hunters in the spring and hunters in the fall (probably archery). These guys are blatent - they cut down the gate that prevents access.

What is the fine for doing this? I imagine it is pretty low so perhaps we need to push for higher fines.

 

[hansontyrel]

Well, from what I saw on Montana's criminal codes it looks like fines for criminal trespass is not to exceed $500.

I'm not sure what they would charge an individual with for something of that sort but I feel criminal trespass would fit.

 

[Nameless Range]

I don't know what the fine is, but I can say from conversations I've been in on that if you want enforcement on state lands, whether it be fish and game enforcement or DNRC enforcement, most of the time you've basically got hope in one hand and $#!T in the other.

They do not have enough resources to chase these things down with any sort of consistency.

 

[MinnesotaHunter]

Anyone looked at this?

http://www.backcountryhunters.org/index.php/our-work-our-values/orv-responsibility

 

[RobG]

I don't know what the fine is, but I can say from conversations I've been in on that if you want enforcement on state lands, whether it be fish and game enforcement or DNRC enforcement, most of the time you've basically got hope in one hand and $#!T in the other.

They do not have enough resources to chase these things down with any sort of consistency.

To their credit, FWP is actively trying to bust the guys using this area.

MinnesotaHunter, that's good stuff, I'll contact Munther. Do you know when BHA launched their "four part project?"

 

[MinnesotaHunter]

To their credit, FWP is actively trying to bust the guys using this area.

MinnesotaHunter, that's good stuff, I'll contact Munther. Do you know when BHA launched their "four part project?"

I can't say for sure. I heard about it last fall when Land was on Rinella's Podcast.

 

[MN Public Hunter]

Anyone looked at this?

http://www.backcountryhunters.org/index.php/our-work-our-values/orv-responsibility

Video unavailable.

I hate when this happens and I have seen it first hand in MN. The issue is if I video it and actually get license plates, tag info...etc...and I contact the local FWP or whomever, are they really going to do anything or am I wasting my time?

 

[mtmuley]

I've been able to get illegal users convicted and fined just wth pictures. Gets a little intense sometimes during the photo shoot. Most don't like it. Also, get the wardens or FS law enforcement officers cell number. I think fines vary as to specific violations, but I know one rider and his girlfriend 2 up on a quad I turned in paid close to 500 bucks. mtmuley

 

[Southern Elk]

I don't know what the fine is, but please try to help bust guys like this. They do damage and create a bad image for us hunters. As you probably saw in the BHA link above, they will pay you a reward for a successful prosecution.

 

[RobG]

The area in question is in the Beaverhead-Deerlodge and it sounds like they've been trying to do something for quite some time: http://onyourownadventures.com/hunttalk/archive/index.php/t-230138.html

It's depressing that even though these ATVers have been spreading knapweed all over state land for years FWP/DNRC can't get a handle on it. You would think that would spur the ag folks into action.

Six years ago the Skyline Sportsmen tried to do something. http://mtstandard.com/news/local/il...cle_22a740ba-d426-11df-ab94-001cc4c03286.html

 

[BBwheelgunner]

One of the big problems is that for a crime like this, most commonly the violators have to be caught in the act by the enforcement officer. If not, about the only other way would be a number of pictures placing that specific person on an ATV in that specific place. kind of hard to do unless you can get license numbers, faces, and unique land marks that place them there.

Law is a fickle thing

It is very frustrating for the enforcement personnel too, because we often only find the aftermath... i.e. tracks, ruts, and broken gates

 

[mtmuley]

One of the big problems is that for a crime like this, most commonly the violators have to be caught in the act by the enforcement officer. If not, about the only other way would be a number of pictures placing that specific person on an ATV in that specific place. kind of hard to do unless you can get license numbers, faces, and unique land marks that place them there.

Law is a fickle thing

It is very frustrating for the enforcement personnel too, because we often only find the aftermath... i.e. tracks, ruts, and broken gates

Like I said, this can be done. mtmuley

 

[RobG]

Thanks for turning those people in mtmuley.

 

[BuzzH]

One of the big problems is that for a crime like this, most commonly the violators have to be caught in the act by the enforcement officer. If not, about the only other way would be a number of pictures placing that specific person on an ATV in that specific place. kind of hard to do unless you can get license numbers, faces, and unique land marks that place them there.

Law is a fickle thing

It is very frustrating for the enforcement personnel too, because we often only find the aftermath... i.e. tracks, ruts, and broken gates

True statement...but there is one piece that can help lead to a conviction.

That is for those turning these dirtbags in, be willing to testify in court. That makes a big difference and when the law breakers are told that the reporting party is willing to testify, it changes things.

 

[Gr8bawana]

The fines are not high enough since all these @$$holes ride their atv's anywhere possible whether legal or not. They know they are very unlikely to get caught.

 

[mtmuley]

Buzz is right. Usually I have been asked if I will testify. Always say yes. mtmuley

 

[Sytes]

45-6-101. Criminal mischief.

Tree cam various angles of parking area and gate.

Max $1,500 and (or) imprisoned for max 6 months unless damage exceeds $1,500 then hammer with a max of $50,000 and (or) max 10 years imprisonment..

If land is involved with FWP activities it may include a minimal 24 month revoke of hunt/fishing privilege as well.

LEO's can pass on all info to the DA though it is the DA's plea setting that makes the paper and sets the bar on the penalty.

Just my two coins of thought.

 

[RobertR]

Remember we do have wardens who are just state lands specific. I had an issue in a weapons restricted area and I contacted Regan Dean who was a state lands warden at the time.
I would also consider contacting a regional investigator from FWP.
http://fwp.mt.gov/doingBusiness/contactUs/staff/?lastName=&fwpRegion=ANY&fwpDivision=ENF

 

[idnative1948]

+1
Douche bags making it bad for everybody else who ride, of course. Park at a trail head and they ride right around where we have parked. Some nasty stuff when we have taken photos of their ATVs and license plates. Worst one was of a guy in a group of three who threatened to pull down on us because he was as he claimed, military disabled. Could not/ would not show or provide any proof. Said he didn't need it.....
We walked back out at a brisk pace. Not worth it. LEO came to our camp the next day and said they were locals and were busted!!!

45-6-101. Criminal mischief.

Tree cam various angles of parking area and gate.

Max $1,500 and (or) imprisoned for max 6 months unless damage exceeds $1,500 then hammer with a max of $50,000 and (or) max 10 years imprisonment..

If land is involved with FWP activities it may include a minimal 24 month revoke of hunt/fishing privilege as well.

LEO's can pass on all info to the DA though it is the DA's plea setting that makes the paper and sets the bar on the penalty.

Just my two coins of thought.

 

[RobG]

45-6-101. Criminal mischief.

Tree cam various angles of parking area and gate.

Max $1,500 and (or) imprisoned for max 6 months unless damage exceeds $1,500 then hammer with a max of $50,000 and (or) max 10 years imprisonment..

If land is involved with FWP activities it may include a minimal 24 month revoke of hunt/fishing privilege as well.

LEO's can pass on all info to the DA though it is the DA's plea setting that makes the paper and sets the bar on the penalty.

Just my two coins of thought.

Thanks, I looked up that section. They need to include killing game animals in (3). The "knowingly or purposely" might make it hard to apply.

45-6-101. Criminal mischief. (1) A person commits the offense of criminal mischief if the person knowingly or purposely:
(a) injures, damages, or destroys any property of another or public property without consent;
(b) without consent tampers with property of another or public property so as to endanger or interfere with persons or property or its use;
(c) damages or destroys property with the purpose to defraud an insurer; or
(d) fails to close a gate previously unopened that the person has opened, leading in or out of any enclosed premises. This does not apply to gates located in cities or towns.
(2) A person convicted of criminal mischief must be ordered to make restitution in an amount and manner to be set by the court. The court shall determine the manner and amount of restitution after full consideration of the convicted person's ability to pay the restitution. Upon good cause shown by the convicted person, the court may modify any previous order specifying the amount and manner of restitution. Full payment of the amount of restitution ordered must be made prior to the release of state jurisdiction over the person convicted.
(3) A person convicted of the offense of criminal mischief shall be fined not to exceed $1,500 or be imprisoned in the county jail for any term not to exceed 6 months, or both. If the offender commits the offense of criminal mischief and causes pecuniary loss in excess of $1,500, injures or kills a commonly domesticated hoofed animal, or causes a substantial interruption or impairment of public communication, transportation, supply of water, gas, or power, or other public services, the offender shall be fined an amount not to exceed $50,000 or be imprisoned in the state prison for a term not to exceed 10 years, or both.
(4) Amounts involved in criminal mischiefs committed pursuant to a common scheme or the same transaction, whether against the public or the same person or several persons, may be aggregated in determining pecuniary loss.
(5) A person convicted of or who forfeits bond or bail for committing an act of criminal mischief involving property owned or administered by the department of fish, wildlife, and parks shall forfeit any current hunting, fishing, or trapping license issued by this state and the privilege to hunt, fish, or trap in this state for at least 24 months from the date of conviction or forfeiture.