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Front Page May 14, 2009  RSS feed

Night hikes in protected open space are now against the law

By Nancy Needham nancy@theacorn.com

Hiking after dark on protected open space is now against the law. But within the law is the use of single rider electric motorized vehicles on open space by people with disabilities.

These and other changes were made to open space laws when Conejo Open Space Conservation Agency for the first time passed its very own ordinances during its April 29 meeting.

Until that meeting, rangers and COSCA staff members cited people using city and park district ordinances.

The group combined Conejo Recreation and Park District and city ordinances and added a few of their own to make separate COSCA ordinances. They did so under the recommendation of the city's attorney and because COSCA was a mature organization ready to have its own laws, COSCA manager Kristin Foord said.

It's now a misdemeanor rather than an infraction to kill, harm or remove animals from open space. As it was previously, it's still a misdemeanor to remove vegetation and archaeological or geological features from open space. A misdemeanor can be punished with up to $1,000 fine and/or up to six months in jail. An infraction carries a fine-only penalty.

COSCA also established a specific fee for shooting movie scenes on COSCA property that will go into a COSCA trust fund.

The issue that caused the most discussion among COSCA board members was whether it was sensible to prohibit people from hiking on open space trails after dark. Previously, under CRPD rules, areas were open only from 7 a.m. to 7 p.m. That didn't allow for the extra hours of light during daylight-saving time, board director Andy Fox said. He preferred a "sunset to sunrise" wording, he said, because it was "good common sense."

Vice chair Claudia Bill-de la Peña said hundreds, if not thousands, of people used open space after dark for activities that weren't inappropriate, such as walking dogs. She asked for wording to be included to protect those residents from being cited.

Other board members said law enforcement needed the ordinance to deter people from using areas after dark for the residents' own safety.

Board member Rorie Skei said the ordinance was a gentle discouragement for nighttime use so wildlife would be undisturbed when they're most active.

The National Park Service in the Santa Monica Mountains allows usage 24 hours a day but closes some gated parking lots at sunset in response to underage drinking and other activities.

Fox, a professional firefighter, said that people sometimes do incredibly stupid things that have bad outcomes.

It's hard, for example, for a first responder to rescue people who've fallen off a cliff while hiking at night, he said.

"As a policy, we want to discourage after-hours use," Fox said.