[HISTORY: Adopted by the Borough Council
of the Borough of Moosic 5-13-2003 by Ord. No. 11-2003. Amendments noted
where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
The Borough of Moosic.
The Council of the Borough of Moosic.
Includes all wheeled and belt-driven vehicles powered by
internal combustion engines, including, but not limited to, motorcycles,
motorbikes, trail bikes, motor scooters, snowmobiles, all-terrain
vehicles, etc., but shall not be construed to include properly licensed
motor vehicles operated upon the public highways, streets, roads and
private driveways in accordance with law; agricultural equipment used
in the course of farming or commercial equipment being properly used
in the trade or business of the owner or by such owner's employees
or agents.
A person who resides on the property in question.
[Added 11-10-2020 by Ord. No. 17-2020]
Any designated official authorized to act with the Borough
of Moosic.
To use in any manner within the boundaries of the Borough
of Moosic, Lackawanna County, Pennsylvania.
[Added 11-10-2020 by Ord. No. 17-2020]
Any person who has legal or equitable title to the property
on which an ATV or dirt bike is being operated.
[Added 11-10-2020 by Ord. No. 17-2020]
An individual, group of individuals, partnership, firm, association
or any other entity.
[Added 11-10-2020 by Ord. No. 17-2020]
Any land, rights-of-way, roads or other real property owned,
maintained, or otherwise under the control of any person or entity
other than the Borough of Moosic, Lackawanna County, and not available
for general use by the public.
[Added 11-10-2020 by Ord. No. 17-2020]
Includes all houses, apartments, mobile homes and other permanent
structures occupied by one or more persons as their primary home and
residence, but shall not include the private residence (as defined
herein) of the owner or operator of any engine-powered vehicle operated
upon the land of such owner.
[Amended 5-14-2019 by Ord. No. 11-2019]
A.
On or after
the effective date hereof, it shall be unlawful for any person to
operate, cause to operate, or participate in the operation of any
engine-powered vehicle upon the public roads, street, highways, sideways,
or alley situated within the Borough of Moosic or on private property
without the consent of the owner, except as provided herein. Engine-powered
vehicles may be operated:
(1)
On
highways and streets for a short distance, when necessary to cross
a bridge or culvert;
(2)
On
highways and streets during periods of emergencies, when so declared
by the Borough;
(3)
On
highways and streets for special motorized vehicle events of limited
duration that are conducted according to a prearranged schedule under
a permit from the Borough of Moosic; and
(4)
On
a street or two-lane highway, at an angle at approximately 90°
to the direction of the highway, and at a place where no obstruction
prevents a quick, safe crossing, provided that the engine-powered
vehicle is brought to a complete stop before crossing the highway,
and the driver yields the right-of-way to all oncoming traffic that
constitutes an immediate hazard.
B.
Access
limitation. No person shall go on or cross the land of another with
an ATV or dirt bike without the written permission of the owner, which
written permission shall be carried on the person of the operator.
No person shall operate an ATV or dirt bike on state or Borough roads
unless properly registered and licensed for such purpose.
[Added 11-10-2020 by Ord. No. 17-2020]
C.
Setback
requirements. A person operating an ATV or dirt bike on private property
must remain at least 100 feet from any adjoining or adjacent property
line and must remain at least 150 feet from an off-site residential
dwelling.
[Added 11-10-2020 by Ord. No. 17-2020]
D.
Time limitations.
It shall be unlawful for any person to operate an ATV or dirt bike
for recreational purposes between the hours of 9:00 p.m. and 7:00
a.m., prevailing time. Operation of ATVs and dirt bikes will be limited
to a one-hour session with a three-hour rest before the next operation
of the vehicle. The rest period must be provided to prohibit disturbance
of the peace within the Borough. Operation within this prohibited
time period shall be considered a disturbance of the peace with the
Borough.
[Added 11-10-2020 by Ord. No. 17-2020]
E.
Noise limitation.
No person shall operate an ATV or dirt bike without an effective and
suitable muffling device on its engine which efficiently deadens or
muffles the noise of the exhaust.
[Added 11-10-2020 by Ord. No. 17-2020]
F.
Speed limitation.
No person shall operate an ATV or dirt bike at a speed greater than
that reasonable and prudent considering the existing conditions.
[Added 11-10-2020 by Ord. No. 17-2020]
G.
Dust limitation.
No person shall operate any ATV or dirt bike in any manner which creates
dust which crosses onto any adjoining or adjacent property. Visible
dust, mud or debris shall not leave the property boundaries of the
parcel where vehicles governed by this chapter are operated.
[Added 11-10-2020 by Ord. No. 17-2020]
It is hereby determined that repeated violations
of this chapter constitute a nuisance.
A.
Three or more violations of this chapter within a
six-month period shall constitute a nuisance.
B.
Upon the third violation of this chapter the Borough
hereby has the right to impound the motorized vehicle for a period
of not in excess of six months.
C.
Upon the third violation of this chapter, the Borough
shall notify the owner and/or driver of its intent to impound said
vehicle by giving written notice by first class mail to the owner
and/or driver.
D.
Any person aggrieved by this chapter may file an appeal
with the Council within 30 days of receiving said notice.
E.
Upon receiving a notice to appeal this decision the
Borough shall hold the hearing within 30 days regarding the impounding
the said vehicle.
F.
Any person aggrieved by the decision of the Borough
Council shall have the right within 30 days to appeal the matter to
the Court of Common Pleas.
G.
Any owner of an engine-powered vehicle impounded under
this section shall pay any impound fee imposed by the Borough in a
separate resolution or charge by the facility where said engine-powered
vehicle is impounded.
[Added 7-10-2012 by Ord. No. 10-2012]
A.
Any person
owning a gas station in the Borough of Moosic disbursing gas from
gas pumps located on said property to the general public is hereby
prohibited from disbursing or allowing to be disbursed gasoline directly
into any engine-powered vehicle.
B.
Any person
owning a gas station in the Borough of Moosic disbursing gas to the
general public is hereby prohibited from allowing any person, including
customers, to disburse gasoline from gas pumps located on said property
directly into any engine-powered vehicle.
C.
All persons
are hereby prohibited from disbursing gasoline from gas pumps located
at gas stations directly into any engine-powered vehicle.
A.
Any person
who violates any provision of this chapter shall, upon conviction
thereof, pay a fine of not more than $600, and/or be sentenced to
imprisonment for a term not to exceed 30 days. Every day that a violation
continues shall constitute a separate violation.
B.
All offenders
convicted of violating this chapter shall also pay the costs of prosecution
and, in default of said payment, of fines and costs.
[Added 11-10-2020 by Ord. No. 17-2020]
C.
Any person
guilty of a violation of this chapter may also be subject to civil
proceedings for damages and/or injunctive relief by the property owner
and any entity injured or damaged by such violation.
[Added 11-10-2020 by Ord. No. 17-2020]
D.
Both criminal
and civil proceedings may be commenced against a person violating
this chapter, and commencement of any such proceedings shall not constitute
an election of remedies preventing the commencement of the other proceedings
against such violator.
[Added 11-10-2020 by Ord. No. 17-2020]
The remedies provided herein for the enforcement
of this chapter or any other remedy provided by law shall not be mutually
exclusive. Rather, any and all remedies may be applied simultaneously
or consecutively at the option of the Borough Council.
