[Adopted 9-2-2014 by Ord.
No. 2-2014]
This Part 4 seeks to improve the safety and quiet enjoyment
of individuals living and/or doing business in the Borough, and to
eliminate noise and dust and other air and ground pollution incidental
to the operation of ATVs, dirt bikes or other recreational motor vehicles
on property within the limits of the Borough.
As used in this Part 4, the following terms shall have the meanings
indicated:
A person who is legally entitled to reside on the property
on which an ATV, dirt bike or other motorized recreational vehicle
is being operated.
A person who is operating an ATV, dirt bike or other motorized
recreational vehicle.
Any person who has legal or equitable title to the property
on which an ATV or other motorized recreational vehicle is being operated.
Any self-propelled motorized vehicle used for recreational
purposes, including a trail bike or other all-terrain vehicle, dirt
bike, motor scooter, moped or snowmobile being used for off-road recreational
purposes. "Motor scooter," for purposes of this Part 4, means a vehicle
that has motive power, a seat, but not a saddle, for the driver, two
wheels, and a floor pad for the driver's feet and is not a vehicle
intended for use due to the health issues or disability of the operator.
"All-terrain vehicle," or "ATV," for the purposes of this Part 4,
means any motorized vehicle with three or more wheels designed for
use off of paved trails or roads which operates on three or more inflatable
tires which are: 1) a maximum of 50 inches and a maximum dry weight
of 800 pounds (Class 1 ATV); or 2) a width which exceeds 50 inches
or a dry weight which exceeds 1000 pounds (Class 2 ATV). The term
"ATV" shall include all-terrain vehicles as described above, quads,
quad bikes," and tandem ATVs.
For the purposes of this Part 4, the term "shall" is always
mandatory and not discretionary.
It shall be unlawful for any individual to operate an ATV, dirt bike or other motorized recreational vehicle, as defined above, on any public or private street or public or private property in the Borough except under the conditions set forth in § 375-52 herein.
A.Â
Specifically excluded from this Part 4 are all ATVs, dirt bikes and
other motorized recreational vehicles used by the Friendship Hose
Fire Company and the Spring Grove Ambulance for fire protection or
medical rescue purposes and other municipal and government employees,
including military personnel, using said vehicles for the purpose
of carrying out the functions of their official positions.
B.Â
Excluded from this Part 4 are motorized wheelchairs or scooters or
other necessary equipment used to transport an individual due to that
individual's physical disability or medical condition as certified
by a medical doctor.
C.Â
Also excluded from this Part 4 are off-road motorized vehicles used
as utility vehicles for lawn care, snow removal business operations,
or any other reasonable property maintenance and/or landscaping.
To the extent applicable, this Part 4 incorporates by reference Pennsylvania's All Terrain Vehicle Law as contained in Part 6, Chapter 77 of the Pennsylvania Vehicle Code, and state regulations set forth in Title 17 Pa. Code Chapter 51. All provisions shall be strictly enforced.
A.Â
A violation of this Part 4 shall be deemed a public nuisance and
a summary offense and shall subject the owner/occupant of the property
and/or any person operating an ATV, dirt bike or other motorized recreational
vehicle in violation of this Part 4 to summary offense enforcement
proceedings.
B.Â
The Code Enforcement Officer(s) of the Borough are hereby authorized
to make an initial determination of violation of this Part 4 and to
enforce provisions of this Part 4. All enforcement officers in the
state, including the Borough Code Enforcement Officials, the Borough's
police department (regardless of whether it is Borough-operated, regional
or contracted for police services) and state police, shall have the
authority, as set forth in Pennsylvania's Snowmobile and All-Terrain
Vehicle Law and state regulations, to enforce Pennsylvania's Snowmobile
ATV Law, with municipal code enforcement and state police having enforcement
authority on private land.
Any violation of this Part 4 shall be within the jurisdiction
of the Magisterial District Judge whose jurisdiction covers the Borough
as well as the courts from which the Magisterial District Judge's
decision may, under the statutes of the Commonwealth of Pennsylvania,
be appealed.
A.Â
Any person violating any provision of this Part 4 shall be fined
not less than $100 and not more than $1,000, plus the costs for prosecution.
A separate offense shall be deemed committed each day during or on
which a violation occurs or continues.
B.Â
Violation of this Part 4 shall be a summary offense, subject to summary
enforcement proceedings and the appropriate officers or agents of
the Borough are hereby authorized to seek equitable relief, including
injunction, to enforce compliance with this Part 4. Upon default in
payment of a fine and upon a guilty finding of violation of this Part
4, the violator may be subject to a term of imprisonment up to the
maximum allowed for a summary offense.
In this Part 4, the use of the singular shall include the plural,
and the use of headings is for convenience only.
