[HISTORY: Adopted by the Borough Council of the Borough of
Monaca 9-8-2009 by Ord. No. 911. Amendments noted where applicable.]
It shall be unlawful for any person(s) to operate any motor
vehicle, including but not limited to a motorcycle, motorbike, motor
scooter, all-terrain vehicle or snowmobile, upon any private property
without the permission of the owner or owners thereof and on any property
owned by the Borough of Monaca without the permission of the majority
of Borough Council.
Prior to operating any such vehicle as hereinbefore described
on private property, the operator must request and receive the permission
of the owner of the property. Where private property is owned by more
than one person, it shall be insufficient compliance with this section
to request and receive the permission of any one of the owners, if
the operator has reason to know that another owner objects thereto.
It is the intent of this section to prohibit the operation of such
off-road vehicle on property owned by more than one person if any
of the owners object, but to permit an operator who has received permission
from one of the owners to presume that the operator has permission
of all the owners unless the operator has reason to know otherwise.
Prior to operating any such vehicle as hereinbefore described
on property owned by Monaca Borough, the operator must request and
receive the permission of a majority of the Borough Council.
The Council, by resolution, may establish trails or other places,
permitting the operation of such vehicles as hereinbefore described,
on public property owned by Monaca Borough. Such resolution may limit
the operation of such vehicles to such days of the week, hours of
the day or otherwise as the Council sees fit. Such resolution(s) may
also limit the number of vehicles to be operated at any given time
or attach any other condition(s) to the operation of such vehicles
as the Council sees fit.
Any permission granted hereunder may be revoked at the will
of the private property owner of such private property and the will
of the Council respecting public property. Upon request of any owner
of private property, the operator shall immediately remove his/her
vehicle from the private property. Upon request of the Council granting
permission to operate the vehicle on public property, the operator
shall immediately remove his/her vehicle from such public property.
Irrespective of compliance with the foregoing sections of this
chapter, it shall be unlawful for any person(s) to operate any motor
vehicle, including but not limited to a motorcycle, motorbike, motor
scooter, all-terrain vehicle or snowmobile, upon private property
or upon property that is owned by Monaca Borough that is located within
100 feet of a residential dwelling. The aforesaid one-hundred-foot
restriction shall not apply to a residential dwelling that is owned
by a person who has given his/her permission to operate a motor vehicle
under the provisions of this chapter.
Any person violating any of the provisions of this chapter shall
upon conviction thereof, be sentenced to pay a fine in an amount not
less than $100 and not exceeding $300, together with costs of prosecution.
