[HISTORY: Adopted by the Township Council
of the Township of Middletown 11-10-2003 by Ord. No. 650. Amendments noted where
applicable.]
As used in this chapter, the following terms
shall have the following meanings.
Any motor-propelled, off-road, recreational vehicle capable
of cross-country travel on land, snow, ice, marsh, swampland or other
natural terrain, which has a net weight of less than 800 pounds, a
width of less than 50 inches, which is designed to be straddled by
the operator and steered by handle bars and which is designed to travel
on three or more low-pressure tires.
Includes an all-terrain vehicle or motorcycle.
Any person charged with enforcement of this chapter, including,
but not limited to, any member of the Pennsylvania State Police, the
Middletown Township Code Enforcement Officer, Zoning Officer or Township
Manager, or any other person or agency authorized by law to enforce
the provisions of this chapter.
A two-wheeled motor-propelled vehicle which is designed to
be straddled by the operator and steered by handle bars, and which
is designed or manufactured primarily for off-road use.
To use an ATV in any manner within Middletown Township, whether
or not the ATV is moving.
Any land, rights-of-way, roads or other real property owned,
maintained or otherwise under the control of any person or entity
other than Middletown Township, Delaware County and not available
for general use by the public.
Any law, statute ordinance, rule or regulation of the Commonwealth
of Pennsylvania, or any agency, department or instrumentality thereof.
Any land, rights-of-ways or roads owned, maintained or otherwise
under the control of Middletown Township, Delaware County, Pennsylvania.
Any person who operates an ATV within Middletown
Township shall do so only in full compliance with applicable state
law, including but not limited to registration and licensing.
A.
No person shall operate an ATV in Middletown Township
except in full compliance with all applicable state laws.
C.
No person shall operate an ATV on any private property
except with the written consent of the owner of the private property
which consent shall be kept in the possession of the ATV operator
at all times during the operation of the ATV. The operator of an ATV
shall stop and identify himself and produce the written consent to
operate the ATV on private property upon the request of the owner
of the private property or his representative or a Law Enforcement
Officer.
D.
No person shall operate an ATV in any manner which
may endanger any person (including the operator of the ATV) or property.
E.
No person shall operate an ATV at a speed greater
than that reasonable and prudent considering the existing conditions.
F.
No person shall operate an ATV without an effective
and suitable muffling device on its engine which effectively deadens
or muffles the noise of the exhaust.
G.
No person shall operate an ATV within 50 feet of any dwelling or other occupied building or structure, except as provided in § 227-4A of this chapter.
I.
No person shall operate an ATV from sunset until 9:00
a.m. of the following day.
A.
The operation of an ATV on private property owned
by the owner of the ATV shall not require the written permission of
the property owner and the ATV may, in such case, be operated within
50 feet of the property owner's dwelling or other occupied building
or structure on the owner's property and within 50 feet of a dwelling
on an adjacent property if the owner of the ATV has the written consent
of the adjacent property owner.
B.
Motorcycles, when duly registered and licensed for
operation on public roads and highways, shall be permitted on Township
property, but only in areas designated for use by motor vehicles,
such as Township roads and parking facilities.
C.
Operation of an ATV shall be permitted on Township
property by Township personnel in connection with Township business
or by any Law Enforcement Officer or emergency personnel in the performance
of official duties.
D.
The operation of an ATV for snow plowing or yard maintenance
or by a farmer in connection with agricultural operations shall not
be subject to the prohibitions of this chapter.
Any violation of the provisions of this chapter
shall, upon conviction thereof, be punishable by a fine of not more
than $600, plus costs of prosecution, and, in default of such fine
and costs, by imprisonment in the county jail for a term not exceeding
30 days. Each violation of any provision of this chapter shall be
deemed to be a separate and distinct offense.
