[Adopted 12-12-2001 by Ord. No. 89]
This article shall be known and may be cited
as the "Motor Vehicle Ordinance."
The following words and phrases, when used in
this article, shall have the meanings given to them in this section,
unless the context clearly indicates otherwise:
A vehicle designed or adapted and determined by the Commonwealth
of Pennsylvania, Department of Transportation, to be used exclusively
for agricultural operations and infrequently operated or moved upon
roads.
Any automobile, truck, motorcycle, motorbike, motor scooter,
all-terrain vehicle, snowmobile, go-cart, or other motorized or self-propelled
recreational vehicle, whether or not the vehicle is or is required
to be either titled or registered by the Pennsylvania Motor Vehicle
Code, any other statute or law of the Commonwealth of Pennsylvania,
any rule or regulation of the Commonwealth of Pennsylvania, Department
of Transportation, or any other administrative agency of the commonwealth,
and excluding any implement of husbandry.
As to private property, the written consent of a majority
of all of the owners, lessees or tenants of the property which has
not been revoked. As to public property, the written consent of a
majority of the governing body or the chief operating officer in charge
of the day-to-day operations of the property which has not been revoked.
Any person who has obtained permission and any other person
in the company of the permittee.
Real estate or real property situate within the Township
owned by any person, firm, or corporation other than the Township.
A road on or over private property which is not part of the
public transportation system.
Real estate or real property situate within the Township,
including private property and public property, but excluding public
and private roads.
Real estate or real property situate within the Township
owned by the Township or any other federal, state or local governmental
body or agency, except for an existing street, alley or other road
designed and actually used for the transportation of vehicles.
A road which is part of the public transportation system
or part of a public trail system.
As to private property, the oral or written revocation of
consent of a majority of all of the owners, lessees or tenants of
the property which has been communicated to the permittee. As to public
property, the oral or written revocation of consent of a majority
of the governing body or the chief operating officer in charge of
the day-to-day operations of the property which has been communicated
to the permittee. As to the Township, communication of the revocation
may be accomplished by any person duly appointed to act as a law enforcement
officer authorized to enforce the law within the Township.
An existing alley, driveway, freeway, highway, street, or
other roadway designed, improved and ordinarily actually used for
the vehicular travel or transportation or other roadway designed,
improved and ordinarily actually used as part of a trail system.
The Township of Potter, Beaver County, Pennsylvania.
The prohibited conduct in § 200-20 shall not apply to the following:
A.
A person duly licensed by the Commonwealth of Pennsylvania,
Department of Transportation, or other appropriate governmental entity,
in the operation of a motor vehicle on a public road.
B.
A person duly licensed by the Commonwealth of Pennsylvania,
Department of Transportation, or other appropriate governmental entity,
in the operation of a motor vehicle on a private road with the permission
of:
C.
An owner, lessee or tenant of private property in
the operation of a motor vehicle on the private property of the owner,
lessee or tenant, provided all of the following apply:
(1)
The person has in his or her possession every valid
license required by the Commonwealth of Pennsylvania, Department of
Transportation, or other appropriate governmental entity in the operation
of a motor vehicle on private property.
D.
A permittee, provided all of the following apply:
(1)
The person has in his or her possession every valid
license required by the Commonwealth of Pennsylvania, Department of
Transportation, or other appropriate governmental entity in the operation
of a motor vehicle on the property.
(2)
The person has in his or her possession the required
permission.
A person authorized to operate a motor vehicle
under this article shall be prohibited from operating the vehicle
in the following manner or in contravention of the following additional
provisions:
A.
In an intentional, reckless or negligent manner so
as to cause or create or tend to cause or create any of the following:
bodily injury or otherwise endanger the health or safety of, or a
hazardous or physically offensive condition, or an inconvenience,
annoyance or alarm, toward any of the following:
(1)
An owner, lessee, or tenant of the private property
or surrounding private property.
(2)
An invitee or licensee on the property of an owner,
lessee, or tenant of the private property or surrounding private property.
(3)
An official, employee, invitee or licensee on the
public property or surrounding public property.
(4)
A member of the public on any public or private road.
B.
In an intentional, reckless or negligent manner so
as to constitute any of the following:
(1)
A nuisance.
(2)
A harassment.
(3)
An obstruction of any property or road.
(4)
A violation of Chapter 33, Rules of the Road, of the
Pennsylvania Motor Vehicle Code, 75 Pa.C.S.A. Chapter 33, if occurring
on a public road.
(5)
A violation of Section 3731(a), Driving Under the
Influence of Alcohol or Controlled Substance, of the Pennsylvania
Motor Vehicle Code, 75 Pa.C.S.A. § 3731(a), if occurring
on a public road.
C.
With a muffler that has been modified from the original
manufacturer or is not in good working order and repair.
D.
Within 200 feet of a residential dwelling at a speed
greater than the minimum speed required to maintain forward movement
of the motor vehicle; however, the two-hundred-foot restriction shall
not apply to a residential dwelling of any of the following:
E.
In any manner that is in contravention of the specific
conditions attached to the permission.
F.
After receipt of notice of revocation of permission.
