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:
OCCUPANT
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.
OPERATOR
A person who is operating an ATV, dirt bike or other motorized
recreational vehicle.
OWNER
Any person who has legal or equitable title to the property
on which an ATV or other motorized recreational vehicle is being operated.
RECREATIONAL MOTORIZED VEHICLES
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.
SHALL
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.
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.
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.
In this Part 4, the use of the singular shall include the plural,
and the use of headings is for convenience only.