[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.
- ENGINE-POWERED VEHICLES
- 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.
- Any designated official authorized to act with the Borough of Moosic.
- PRIVATE RESIDENCE
- 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.
On and after the effective date hereof, it shall be unlawful for any person to operate, cause to be operated or to participate in the operation of any engine-powered vehicle upon the public roads, streets, highways, sidewalks or alleys situate with the Borough of Moosic, except as provided herein. Engine-powered vehicles may be operated:
On highways and streets for a short distance when necessary to cross a bridge or culvert.
On highways and streets during periods of emergency when so declared by the Borough.
On highways and streets for special motorized vehicle events of limited duration that are conducted according to a prearranged schedule under permit from the Borough of Moosic.
On a street or two-lane highway at an angle of approximately 90° to the direction of the highway and at a place where no obstruction prevents a quick and 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.
It is hereby determined that repeated violations of this chapter constitute a nuisance.
Three or more violations of this chapter within a six-month period shall constitute a nuisance.
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.
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.
Any person aggrieved by this chapter may file an appeal with the Council within 30 days of receiving said notice.
Upon receiving a notice to appeal this decision the Borough shall hold the hearing within 30 days regarding the impounding the said vehicle.
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.
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]
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.
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.
All persons are hereby prohibited from disbursing gasoline from gas pumps located at gas stations directly into any engine-powered vehicle.
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.
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.