***Full disclosure: I'm NOT a lawyer. These laws are my interpretation, please interpret at your own discretion and debate me if you think I'm wrong on my interpretation!***
Started doing some digging around for those on the forum who like to wheel where they shouldn't... and wanted to point out some relevant state laws:
a) trespass law.
Usually, you'd be cited for a misdemeanor, second degree trespass as defined here:
http://apps.leg.wa.gov/RCW/default.aspx?cite=9A.52.080
A person is guilty of criminal trespass in the second degree if he knowingly enters or remains unlawfully in or upon premises of another under circumstances not constituting criminal trespass in the first degree.
However, you have to define 'enters or remains unlawfully' for this statue to stick. Thats where 9A.52.010 comes in...
http://apps.leg.wa.gov/RCW/default.aspx?cite=9A.52.010
A person who enters or remains upon unimproved and apparently unused land, which is neither fenced nor otherwise enclosed in a manner designed to exclude intruders, does so with license and privilege unless notice against trespass is personally communicated to him by the owner of the land or some other authorized person, or unless notice is given by posting in a conspicuous manner. Land that is used for commercial aquaculture or for growing an agricultural crop or crops, other than timber, is not unimproved and apparently unused land if a crop or any other sign of cultivation is clearly visible or if notice is given by posting in a conspicuous manner.
Important: Do not chop or damage trees!
IF you're caught damaging or harvesting trees, you can be assessed treble amount of its production worth! This applies to public AND private land.
Trespassing on State Land:
http://apps.leg.wa.gov/wac/default.aspx?cite=332-52-400
Where are motorized and nonmotorized vehicles permitted off of a road or trail? Persons shall only operate motorized or nonmotorized vehicles off of a road or trail on lands posted or otherwise designated by the department as open for the designated recreational use. All other off-road or off-trail vehicular use is prohibited.
Any violation of this section is an infraction under chapter 7.84 RCW. Key point about 7.84RCW. This is an INFRACTION. This means you cannot receive a ticket over $500, you should not have your vehicle impounded (unless you have another infraction like suspended license), etc.
It'd seem that private land owners would wanna work with us. Otherwise rouge 4x4s can just tear up stuff and they have little recourse... that is unless they catch us actually ruining harvest-able timber, which is another story on its own. Also, as per 43.12.065 -- DNR officers cannot enforce laws on private land.
What I'm encouraging is that we, the wheeling community, TALK AND NEGOTIATE with private land owners. They have a problem: WHEELERS. We have a solution! manage their 'illegal' trails.
The problem with DNR is that they have the letter of the law behind them, making it very easy to close land and enforce it. Private timber companies have it the other way. Therefore, they might have more of an incentive to work with us to reduce damage to their timber
PS. Rieter has been technically illegal from state law point of view since a change in WACs made only designated trails legal. However
political pressure kept DNR from enforcing the law.
:awesomework: