[HISTORY: Adopted by the Borough Council of the Borough of
Adamstown 1-4-2016 by Ord. No.
382. Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 290.
This chapter shall be known and may be cited as the "Adamstown
Borough All-Terrain Vehicle Ordinance."
Unless the context specifically and clearly indicates otherwise,
the meaning of the following terms and phrases, as used in this chapter,
shall be as follows:
Any motorized off-road recreational vehicle capable of cross-country
travel on land, snow, ice, marsh, swampland or other natural terrain,
including but not limited to a multi-track, multi-wheel or low-pressure-tire
vehicle or related two-wheel, three-wheel, four-wheel or belt-driven
vehicle, or an amphibious machine. The definition of ATV excludes
golf carts, construction machines, utility vehicles used for business
operations, agriculture, yard work, landscaping, snow removal or otherwise
being used in the reasonable maintenance of a person's private
property, or motorized vehicles being used for law enforcement, fire,
emergency, military or other authorized governmental purposes.
A small motorcycle designed and built with special tires
and suspension for riding on unpaved roads and over rough terrain.
The Pennsylvania Snowmobile and All-Terrain Vehicle Law,
75 Pa.C.S.A. § 7701 et seq.
A person who regularly resides on the property in question.
To use in any manner within the jurisdiction of the Borough.
Any person who has legal or equitable title to the property
on which an ATV or dirt bike is being operated.
An individual, group of individuals, partnership, firm, association
or any other entity.
The Ephrata Borough Police Department or any other police
department providing police protection services to the Borough under
contract or through a regional police department agreement.
Any land, rights-of-way, roads or other real property owned,
maintained or otherwise under the control of any person or entity
other than the Borough and not available for general use by the public.
Registration of vehicles governed by this chapter is required
in accordance with the registration provisions of the Law.[1] Proof of registration in the nature of copies of the registration
documents under the Law shall be supplied to the Borough upon request.
[1]
Editor's Note: See 75 Pa.C.S.A. § 7701 et seq.
Any person who operates an ATV within the Borough shall do so
only in full compliance with the provisions of the Law,[1] including but not limited to, registration and licensing.
[1]
Editor's Note: See 75 Pa.C.S.A. § 7701 et seq.
A.
Owner or occupant. Only the owner or an occupant or their guests
or invitees shall be permitted to operate an ATV or dirt bike on private
property.
B.
Access limitation. No person shall go on or cross the land of another
to operate an ATV or dirt bike without the written permission of the
landowner, which written permission shall be carried on the person
of the operator. No person shall use state or Borough roads to gain
access to the land used for ATV or dirt bike vehicle operation.
C.
Setback requirements. A person operating an ATV or dirt bike must
remain at least 100 feet from any adjoining or adjacent property line
and must remain at least 150 feet from an off-site residential dwelling.
D.
Maximum numbers, facilities and events.
(1)
The operation of more than four ATVs operating at one time requires
an event or facility permit from the Borough, provided such event
or facility is otherwise a permitted use under applicable Borough
ordinances.
(2)
Where one or more structures, a track, a course, or one or more obstacles including dirt mounds, are installed or arranged for use by vehicles regulated under this chapter, a facility or event permit shall be obtained from the Borough, in those areas where such facilities or events may be permitted under applicable Borough ordinances, including but not limited to Chapter 320, Zoning. Otherwise, such facilities and events are prohibited. Proper erosion and sedimentation controls shall be installed prior to use by the vehicles governed under this chapter.
E.
Hunting limitation. Except as otherwise permitted by Title 34 of
the Pennsylvania Consolidated Statutes (relating to game), no person
shall operate or ride on any ATV or dirt bike with any bow and arrows,
unless unstrung, nor any firearm, unless unloaded, in his or her possession.
F.
Time limitations. It shall be unlawful for any person, corporation,
partnership or any other entity to operate an ATV or dirt bike for
recreational purposes between the hours of 9:00 p.m. and 8:00 a.m.,
prevailing time. Operation of ATVs and dirt bikes will be limited
to a one-hour session with a three-hour rest before the next operation
of the vehicle. The rest period must be provided to prohibit disturbance
of the peace within the Borough. Operation within this prohibited
time period shall be considered a disturbance of the peace within
the Borough.
G.
Noise limitation. No person shall operate an ATV or dirt bike without
an effective and suitable muffling device on its engine which efficiently
deadens or muffles the noise of the exhaust.
H.
Speed limitation. No person shall operate an ATV or dirt bike at
a speed greater than that reasonable and prudent considering the existing
conditions.
I.
Dust limitation. No person shall operate any ATV or dirt bike in
any manner which creates dust which crosses onto any adjoining or
adjacent property. Visible dust, mud or debris shall not leave the
property boundaries of the parcel where vehicles governed by this
chapter are operated.
J.
Livestock area restriction. No person shall operate, allow or permit
the operation of an ATV or dirt bike within 300 feet of any type of
livestock.
K.
Environmentally sensitive area limitation. No person shall operate,
allow or permit the operation of an ATV or dirt bike within a stream,
creek, waterway, drainageway, wetland, or erosion-sensitive area,
floodplain, or within 50 feet of such environmentally sensitive area.
A.
Violations a public nuisance; persons liable. A violation of this
chapter shall be deemed a public nuisance and shall subject the owner
of the property and any person operating an ATV or dirt bike in violation
of this chapter to summary enforcement proceedings.
B.
Enforcement; first offense. The Police Department, the Pennsylvania
State Police and such persons as may from time to time be designated
by the Borough are authorized to make an initial determination of
a violation of and to enforce the provisions of this chapter. An initial
determination of a violation of this chapter shall result in a written
warning to the occupant or owner and the operator of the ATV or dirt
bike.
C.
Penalties. A second or subsequent violation of this chapter shall
be subject to summary enforcement proceedings and, upon being found
guilty thereof, shall subject the violator to a fine of $600 for a
second offense (following a verbal warning), and $1,000 for a third
or subsequent offense. Upon default in payment of a fine and upon
a guilty finding of a third or subsequent offense, the violator may
be subject to a term of imprisonment up to the maximum allowed by
law for a summary offense. Each day that a violation continues or
each section of this chapter that is found to be violated shall be
considered a separate violation.
D.
All offenders convicted of violating this chapter shall also pay
the costs of prosecution and, in default of said payment of fines
and cost, including the Borough's reasonable attorneys'
fees incurred in any enforcement proceedings.
E.
Any person guilty of a violation of the within chapter may also be
subject to civil proceedings for damages and/or injunctive relief
by the property owner and any entity injured or damaged by such violation.
F.
Both criminal and civil proceedings may be commenced against a person
violating this chapter, and commencement of any such proceedings shall
not constitute an election of remedies preventing the commencement
of the other proceedings against such violator.
