[Ord. 418, 1/29/2014]
1.
MOTOR-DRIVEN VEHICLE
PRIVATE PROPERTY
PUBLIC PROPERTY
UNLICENSED MOTOR-DRIVEN VEHICLE
VEHICLE
As used in this Part, the following terms shall have the meanings
indicated:
Any two-, three- or four-wheeled bicycle, vehicle or conveyance
that is motor propelled or contains a motor to assist the operation
of said vehicle and which vehicles are commonly referred to as dirt
bikes, scooters, minibikes, go-carts, all-terrain vehicles (ATV's),
utility vehicles (UTV's), snowmobiles, dune buggies and trail bikes,
which vehicles by their nature and design are not intended to be used
and operated along paved roads and highways but are intended rather
to be operated in dirt, sand, up and down hills, along trails and
in similar type areas.
A way or place in private ownership for the use and enjoyment
of the owner and those having express or implied permission from the
owner, but not by other persons.
Lands and buildings owned or leased by the Township of North
Fayette, the County of Allegheny, the Commonwealth of Pennsylvania
or any other equivalent public body. Public property shall also include
any parks, ballparks, recreation areas, lake areas, Township-owned
streets, easements and sidewalks or areas dedicated to or commonly
used for vehicular traffic or pedestrian traffic, Township storage
facilities, Township garage area, and any and all other Township-owned
and publicly owned lands and premises.
Any motor driven vehicle as defined by this section being
operated in a manner that fails to conform with the licensing and
operational requirements of the Pennsylvania Motor Vehicle Code, 75
Pa.C.S.A § 101 et seq.
Every device in, upon or by which any person or property
is or may be transported or drawn upon a highway, except devices used
exclusively upon rails or tracks. The term does not include a self-propelled
wheel chair or an electrical mobility device operated by and designed
for the exclusive use of a person with a mobility-related disability.
[Ord. 418, 1/29/2014]
1.
Subject to the exemptions in § 15-1203 hereof, it shall be unlawful for an individual to operate any type of unlicensed motor-driven vehicles or conveyances on a lot with less than five acres. Operation of unlicensed motor-driven vehicles or conveyances may not occur on lots with five acres or greater under the following conditions:
A.
On the private property of another without the express written permission
of the owner or lawful occupant of the property. This prohibition
shall prevail whether or not the vehicle or operator is licensed or
unlicensed.
B.
On any public street or public grounds located within the Township
of North Fayette.
C.
To operate the aforesaid unlicensed motor-driven vehicles or conveyances
so as to make, continue or cause to be made or continue any loud,
unnecessary or unusual noise or any noises which either annoys, disturbs,
injures, or endangers the comfort, repose, health, peace or safety
of others within the limits of the Township.
D.
To operate the aforesaid unlicensed motor driven vehicle during the
hours of 8:00 p.m. and 8:00 a.m., Sunday through Thursday, and during
the hours of 10:00 p.m. and 8:00 a.m., Friday and Saturday.
E.
To operate the aforesaid unlicensed motor driven vehicles or conveyances
in such a manner as to raise unnecessary dust or dirt, including the
suspending of particle matter visible to the unaided or naked eye
from a distance of 50 feet.
[Ord. 418, 1/29/2014]
1.
The following activities are exempt from the provisions of this chapter:
A.
Police and emergency vehicles.
B.
Farm or lawn maintenance vehicles specifically being used for farming
activities, yard work and/or snow removal.
C.
Lawn mowers, tractors, lawn, garden or similar equipment for residential
use, provided that such equipment must operate only with a factory-installed
or functionally equivalent muffler.
[Ord. 418, 1/29/2014]
The Police Department of the Township of North Fayette or any law enforcement officer of the Township may confiscate and impound the unlicensed vehicle operated in violation of § 15-1201 of this chapter. The unlicensed vehicle shall be returned to the owner thereof upon payment of any fine imposed as a result of the violation of this Part and upon payment of any storage charges incurred as a result of the impoundment.
[Ord. 418, 1/29/2014]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof in an action brought before
a magisterial district judge in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
shall be sentenced to pay a fine of not more than $1,000 plus costs
and, in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. Each day that a violation of this Part continues
or each section of this Part which shall be found to have been violated
shall constitute a separate offense. Should the owner of any unlicensed
vehicle be subject to a second violation of the terms of this Part
within a period of six months from the date of the first violation,
the Police Department of the Township of North Fayette or any law
enforcement officer of the Township may impound the vehicle and shall
sell the same pursuant to the provisions of the Pennsylvania Motor
Vehicle Code, 75 Pa.C.S.A. § 101 et seq., relating to the
public sale of unclaimed vehicles.
