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Township of Canton, PA
Washington County
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Table of Contents
Table of Contents
[Ord. 2-2002, 5/15/2002, § 1]
1. 
Maximum speed limits are established on portions of specified streets, as follows, and it shall be unlawful for any person to drive a vehicle, on any part of a street where a maximum speed limit applies, at a higher speed than the maximum prescribed for that part of the street:
Street
Between
Maximum Speed Limit
Addison Street
McGovern Avenue and Washington City line
15 MPH
Albert Street
Melvin and Harold
15 MPH
Buena Vista Street
McCarrell Avenue to a Dead End
15 MPH
Buena Vista Street
McCarrell Avenue and East Wayne Street
10 MPH
Charles Street
Oakwood Avenue and Griffith Street
25 MPH
Cortez Drive
Jefferson Avenue and North Hewitt Avenue
25 MPH
Crescent Drive
Beatty Drive and North Hewitt Avenue
25 MPH
Dye Road
Prigg Road and McKee Road
15 MPH
Griffith Street
Edgewood Avenue and Charles Street
15 MPH
Haney Road
Haines Road and South Hewitt
25 MPH
Haney Road
Haines Road and Township line
25 MPH
Hilltop Lane
Jefferson Avenue and North Hewitt Avenue
15 MPH
Malone Ridge Road
Lynn Road and Hewitt Avenue
35 MPH
McClay Road
South Hewitt Avenue and Jefferson Avenue
35 MPH
Midlan Drive
Jefferson Avenue and Dead End
25 MPH
Ohio Avenue
West Wylie Avenue and Oakland Avenue
15 MPH
Old Chestnut Street
The Circle and Virginia Via
15 MPH
Old Street
The Road and the Circle
25 MPH
Pat Drive
Old Chestnut and dead end
15 MPH
Pennsylvania Avenue, South
Oakland Avenue and North Pennsylvania Avenue
15 MPH
Prigg Road
Weirich Avenue and McKee Road
35 MPH
Rex Road
Jefferson Avenue and Malone Ridge Road
25 MPH
Sunset Drive, East
Circle and dead end
15 MPH
Valley View
Point View and dead end
15 MPH
Weirich Avenue
Route 40 and Armstrong Drive
25 MPH
Weirich Avenue
U.S. Route 40 to the intersection of Armstrong Drive
25 MPH
Woodland Avenue, East
Griffith Street and Washington City line
15 MPH
Woodland Avenue, East
Griffith Street and Elizabeth Street
15 MPH
2. 
Any person who violates any provision of this section shall, upon conviction, be sentenced to pay a fine of $35. Any person exceeding the maximum speed limit by more than five miles per hour shall pay an additional fine of $2 per mile for each mile in excess of five miles per hour over the maximum speed limit.
[Ord. 2-2002, 5/15/2002, § 1]
1. 
Maximum speed limits are established, as follows, on certain bridges and elevated structures, and it shall be unlawful for any person to drive a vehicle on any such bridge or elevated structure, at a higher speed than the maximum prescribed for that bridge or elevated structure:
Bridge or Elevated Structure
Location
Maximum Speed Limit
(Reserved)
2. 
Any person who violates any provision of this section shall, upon conviction, be sentenced to pay a fine of $35. Any person exceeding the maximum speed limit by more than five miles per hour shall pay an additional fine of $2 per mile for each mile in excess of five miles per hour over the maximum speed limit.
[Ord. 2-2002, 5/15/2002, § 1]
1. 
The following are declared to be hazardous grades, and, upon any such hazardous grade, no person shall drive a vehicle, having a gross weight in excess of that referred to for that grade, in the direction stated for that grade, at a speed in excess of that established in this section for that grade, and, if so stated for a particular grade, the driver of every such vehicle shall stop the vehicle before proceeding downhill:
Street
Between
Direction of Travel
Maximum Gross Weight
Maximum Speed Limit
Required to Stop Before Proceeding Downhill
(Reserved)
2. 
Any person who violates any provision of this section shall, upon conviction, be sentenced to pay a fine of $35. Any person exceeding the maximum speed limit by more than five miles per hour shall pay an additional fine of $2 for each mile in excess of five miles per hour over the maximum speed limit.
[Ord. 2-2002, 5/15/2002, § 1]
1. 
A speed limit of 15 miles per hour is established on all streets and roadways in the public parks maintained and operated by the Township, except in the following locations, where the lower maximums, as specified, shall apply:
Park
Street
Location
Maximum Speed Limit
(Reserved)
2. 
Any person who violates any provision of this section shall, upon conviction, be sentenced to pay a fine of $35. Any person exceeding the maximum speed limit by more than five miles per hour shall pay an additional fine of $2 per mile for each mile in excess of five miles per hour over the maximum speed limit.
[Ord. 2-2002, 5/15/2002, § 1]
1. 
At the following locations, traffic signals as indicated below shall be erected (or are ratified if previously erected), and traffic at those locations shall be directed by those signals:
Location
Type of Signal
Jefferson Avenue and Hewitt Avenue
Blinking yellow signal
Henderson Avenue and Hewitt Avenue
Conventional 4-way signal
2. 
Any driver of a vehicle who disobeys the directions of any traffic signal shall, upon conviction, be sentenced to pay a fine of $25 and costs.
[Ord. 2-2002, 5/15/2002, § 1]
1. 
The following are established as intersections where drivers of vehicles headed in the direction or directions indicated are prohibited from making a right turn (or a left turn from a one-way street into another one-way street) on a steady red signal:
Intersection
Vehicles Traveling On
Facing
(Reserved)
2. 
Any driver of a vehicle who violates any provision of this section shall, upon conviction, be sentenced to pay a fine of $25 and costs.
[Ord. 2-2002, 5/15/2002, § 1]
1. 
The following are established as one-way streets, and it shall be unlawful for any person to drive a vehicle on any one-way street other than in the direction established for traffic on that street:
Street
From
To
Direction of Travel
(Reserved)
2. 
Any person who violates any provision of this section shall, upon conviction, be sentenced to pay a fine of $25 and costs.
[Ord. 2-2002, 5/15/2002, § 1]
1. 
It shall be unlawful for the driver of any vehicle, of the type indicated, traveling upon the first-named street at any of the following intersections, in the direction or directions indicated in each case, to make a left turn and/or a right turn into the second-named street, as indicated, at any time when such a turn is prohibited by this section:
Vehicles Traveling On
Direction of Travel
Not to Make Turn
Into
When
Type of Vehicle Applicable To
(Reserved)
2. 
Any person who violates any provision of this section shall, upon conviction, be sentenced to pay a fine of $25 and costs.
[Ord. 2-2002, 5/15/2002, § 1]
1. 
It shall be unlawful for the driver of any vehicle, traveling upon the first-named street at any of the following intersections, in the direction or directions indicated in each case, to make other than a left turn, at any time stated, both right turns and straight-across traffic being prohibited:
Vehicles Traveling On
Direction of Travel
Times
Not To Make Right Turn Into or Travel Straight Across
(Reserved)
2. 
Any person who violates any provision of this section shall, upon conviction, be sentenced to pay a fine of $25 and costs.
[Ord. 2-2002, 5/15/2002, § 1]
1. 
It shall be unlawful for the driver of any vehicle, traveling upon any of the following portions of streets, in the direction or directions indicated for that street, to make a U-turn:
Street
Portion
Direction of Travel
(Reserved)
2. 
Any person who violates any provision of this section shall, upon conviction, be sentenced to pay a fine of $25 and costs.
[Ord. 2-2002, 5/15/2002, § 1]
1. 
The following are established as no-passing zones, and it shall be unlawful for the driver of any vehicle to overtake or pass another vehicle or to drive on the left side of the roadway in any no-passing zone:
Street
Direction of Travel
Between
(Reserved)
2. 
Any person who violates any provision of this section shall, upon conviction, be sentenced to pay a fine of $25 and costs.
[Ord. 2-2002, 5/15/2002, § 1]
1. 
The following highways are established as through highways, thus authorizing stop or yield signs to be erected facing traffic approaching every intersection with the through highway except for those intersections with traffic signals, or with exceptions or modifications as indicated below. Every driver of a vehicle approaching a stop or yield sign authorized by this section shall stop the vehicle or yield right-of-way as required by § 3323(b) or 3323(c) of the Vehicle Code, as the case may be, and shall not proceed into or across the through highway until he has followed all applicable requirements of that section of the law:
Highway
Between
(Reserved)
2. 
Any person who violates any provision of this section shall, upon conviction, be sentenced to pay a fine of $25 and costs.
[Ord. 2-2002, 5/15/2002, § 1; as amended by Ord. 7-2009, 9/30/2009, § 4; by Ord. 3-2010, 11/16/2010, § 4; and by Ord. 10-2011, 12/21/2011, § 4]
1. 
The following intersections (in addition to intersections with the through highways established by § 15-212) are established as stop intersections, and official stop signs shall be erected (or are ratified if previously erected) in such a position as to face traffic approaching the second-named street (the intersecting or through street) on the first-named street (the stop street) in the direction or directions indicated for that intersection. Every driver of a vehicle approaching the intersection on the first-named or stop street, in the direction indicated in each case, shall stop the vehicle as required by § 3323(b) of the Vehicle Code, and shall not proceed into or across the second-named or intersecting or through street until he has followed all applicable requirements of that section of the law.
Stop Street
Intersection or Through Street
Direction of Travel
Airport Road
Lynn Portal Road
South
Airport Road
Route 18
North
Airport Road
Lynn Portal Road
South
Airport Road
Route 18
North
Albert Street
Harold Street
North
Albert Street
Harold Street
South
Apple Alley
Davis Avenue
South
Arch Street
Ohio Street
West and East 2 way stop
Arlington Street, East
Hilltop Lane
East
Baird Avenue
East Findlay Avenue
West
Beatty Drive
Cortez Drive
West
Beatty Drive
Hilltop Drive
West
Berthel Avenue
Grove Avenue
West
Beverly Drive
Jefferson Avenue
South
Blue Jay Drive
Malone Ridge Road
West
Buena Vista Street
Hayes Avenue
West
Buena Vista Street
Baird Avenue
East
Buena Vista Street
Baird Avenue
West
Buena Vista Street
South McCarrell Avenue
East
Buena Vista Street
Grove Avenue
East
Buena Vista Street
Grove Avenue
West
Carbon Avenue, North
Green Street
North
Carbon Avenue, South
West Findlay Street
North
Charles Street
Oakwood Avenue
West
Cornelia Drive
Hewitt Avenue
East
Cornelia Drive
Hewitt Avenue
West
Cortez Drive
Jefferson Avenue
South
Cortez Drive
Kline Drive
North
Cortez Drive
Kline Drive
South
Cortez Drive
North Hewitt Avenue
North
Crescent Drive
Beatty Drive
South
Diane Drive
Beverly Drive
South
Dye Road
McKee Road
North
Elizabeth Street
Griffith Street
East
Euclid Avenue
Hickory Street
West
Ewing Street
Caldwell Avenue
West
Ewing Street
Hayes Avenue
Both
Findlay Street, East
Grove Avenue
East
Findlay Street, East
Baird Avenue
West
Findlay Street, West
Jessop Place
East
Griffith Street
Oakwood Avenue
West
Griffith Street
Woodland Avenue
East
Haney Road
South Hewitt Avenue
East
Hawkins Street
West Wylie Avenue
East
Hawkins Street
West Wylie
West
Hawkins Street
Charles Street
East
Hawkins Street
Kerns Hill
East
Hawkins Street
Ford Street
West
Hayes Avenue
Ewing Street
Both
Hewitt Avenue, North
Belmont Avenue
North
Hewitt Avenue
Jefferson Avenue
North by Northeast/North by Northwest 4 way stop
Hickory Street
Euclid Avenue
South
Hilltop Lane
North Hewitt Avenue
North
Hilltop Lane
Jefferson Avenue
South
Jefferson Avenue
Hewitt Avenue
North to South/South to North 4 way stop
Kerns Hill
Weirich Avenue
South
Kline Drive
Cortez
West
Kline Drive
Crescent Drive
West
Linnwood Avenue
Buena Vista Street
South
Linnwood Avenue
East Wayne Street
West
Lynn Road
Lynn Portal Road
East
Lynn Road
Malone Ridge Road
West
Malone Ridge Road
Hewitt Avenue
South
Mary Street
Weirich Avenue
South
Mary Street
Davis Street
North
McGovern Avenue
Euclid Avenue
North
McGovern Avenue
Scott Avenue
North
McGovern Avenue
Caldwell Avenue
North
Melody Lane
Jefferson Avenue
South
Melody Lane
West Arlington Avenue
South
Midlan Drive
Beverly Drive
North
Midlan Drive
Beverly Drive
South
Morrison Drive
Beverly Drive
North
Mulberry Hill Road
Route 18
North
Mulberry Hill Road
Lynn Portal Road
South
*Oakwood Avenue
Elizabeth Street
(check up or down hill)
Ohio Avenue
Oakland Avenue
South
Ohio Avenue
West Wylie Avenue
North
Old Chestnut Street
Virginia Via
West
Old Street
The Road
West/*-
Pennsylvania Avenue, North
Ohio Street
South
Point View Drive
Weirich Avenue
South
Prigg Road
Weirich
East
Prigg Road
McKee Road
West
Rex Road
Malone Ridge Road
North
Short Street
Grove Avenue
West
Short Street
Grove Avenue
South
Sunset Drive
The Circle
South
The Circle
Sunset Drive
East
The Circle
Virginia Via
East
The Circle
Virginia Via
West
Virginia Via
The Circle
South
Virginia Via
Old Chestnut
South
Wayne Street, West
Green Street
West
Weirich Avenue
Armstrong Drive
North
Weirich Avenue
The Road
North
Weirich Avenue
Route 40
South
Wolf Avenue
Cornelia Street
South
2. 
Any person who violates any provision of this section shall, upon conviction, be sentenced to pay a fine of $25 and costs.
[Ord. 2-2002, 5/15/2002, § 1]
1. 
The following intersections (in addition to intersections with the through highways established by § 15-212) are established as yield intersections, and official yield signs shall be erected (or are ratified if previously erected) in such a position as to face traffic approaching the second-named street (the through street) on the first-named street (the yield street) in the direction or directions indicated for that intersection. Every driver of a vehicle approaching the intersection on the first-named or yield street, in the direction indicated in each case, shall slow down or stop the vehicle as required by § 3323(c) of the Vehicle Code, and then yield the right-of-way as required by that subsection of the Vehicle Code.
Yield Street
Through Street
Direction of Travel
(Reserved)
2. 
Any person who violates any provision of this section shall, upon conviction, be sentenced to pay a fine of $25 and costs.
[Ord. 2-2002, 5/15/2002, § 1]
1. 
No motor vehicle including a motorcycle, pedalcycle or minibike shall be operated on any property owned by the Township or any other public agency or instrumentality within the Township without the permission of the property owner and a permit from the Code Enforcement Officer and/or other Township designee of the Township.
[Amended at time of adoption of Code]
2. 
Any person who violates an provision of this section shall, upon conviction, be sentenced to pay a fine of $25 and costs.
[Ord. 2-2002, 5/15/2002, § 1]
1. 
The following roads and streets within the Township are designated as special snowmobile roads:
Street or Road
Between
Used by Snowmobiles Only When Closed to Vehicular Traffic
Shared With Vehicular Traffic
(Reserved)
2. 
It shall be unlawful for any person to operate a snowmobile on any highway, street or road in the Township other than as provided above, provided, nothing in this section shall prohibit any person from operating a snowmobile on any other street in the Township:
A. 
As authorized by § 7721 of the Vehicle Code for emergency and bridge crossings and for direct crossing of streets or two-lane highways; or,
B. 
For special snowmobile events where authorized in advance and the street is blocked off as provided in § 7723 of the Vehicle Code. Any person who violates any provision of this section shall be subject to the penalties prescribed in § 7752(a) of the Vehicle Code.
[Ord. 2-2002, 5/15/2002; as added by Ord. 1-2012, 2/9/2012, §§ 1 — 6]
1. 
This section shall be known as the "Canton Township Engine Brake Ordinance."
2. 
The Supervisors of Canton Township, Washington County, Pennsylvania, find, as a fact, that the operation of an engine brake on a gasoline powered or diesel powered motor vehicle, creates excessive noise through the use of said engine brake, adversely affects the public health, safety and welfare of the residents of Canton Township, and, therefore, is a nuisance in fact.
3. 
No operator of a gasoline powered or diesel powered motor vehicle shall utilize an engine brake while operated on the streets, roads, alleys or highways within the Township of Canton, Washington County, Pennsylvania, due to excessive noise being created by said motor vehicles.
4. 
This section shall not apply to emergency driving situations requiring the utilization of an engine brake to protect the safety and property of the residents of Canton Township, other motor vehicles operators, pedestrians, and the operator and passengers of the motor vehicle involved in said emergency situation.
5. 
This section shall not apply to hybrid vehicles using electric regeneration or pneumatic/hydraulic energy recuperation for braking.
6. 
Any person who violates or permits a violation of this chapter shall, upon conviction in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense.
[Amended at time of adoption of Code]
[Ord. 2-2002, 5/15/2002; as added by Ord. 2-2012, 2/9/2012, §§ I — VIII]
1. 
Name. This section shall hereafter be known and cited as the "Canton Township Recreational Vehicle Ordinance of 2012."
2. 
Purpose. The purpose of the within section is to regulate and control the operation and use of recreational vehicles within the said Township for the protection of the health, safety and general welfare of the residents, property owners, visitors and others within said Township.
3. 
Definitions. The following terms, when used in the within section, shall have the following meanings:
DEALER
Any person engaged in the sale, lease or rental of all terrain vehicles, four wheel drive vehicles, motorcycles, motor bikes, dirt bikes, three wheelers, bicycles, cars, trucks and all other type of recreational vehicle and snowmobiles as a regular business.
HIGHWAY or STREET
The entire width between the boundary lines of every way publicly maintained where any part thereof is open to the use of the public for purposes or vehicular travel.
OPERATE
To ride in or on and to be in actual physical control of the operation of the recreation vehicle.
OPERATOR
Any person who operates or is in actual physical control of a snowmobile o any other recreational vehicle described in this section.
OWNER
Any of the following:
(1)
A person who holds the legal title to a snowmobile or any other recreational vehicle described in said ordinance.
(2)
A vendee or lessee of the snowmobile or any other recreational vehicle described in said ordinance, which in the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee.
(3)
A person renting a recreational vehicle or having the exclusive use of a recreational vehicle.
PERSON
An individual, partnership, corporation, the state or any of its agencies or subdivisions, and any body of persons, whether incorporated or not.
PRIVATE PROPERTY
Used for farming or other non-public use.
RECREATIONAL VEHICLE
All terrain vehicles, four wheel drive vehicles, motorcycles, motor bikes, dirt bikes, three wheelers, bicycles, cars, trucks and any other type of recreational vehicle and any motor-driven vehicle designed for travel primarily on snow or ice of a type which utilizes sled-type runners or skis, or an endless belt tread or any combination of these or other similar means of contact with the surface upon which it is operated.
RIGHT OF WAY
That portion of a highway less the roadway and any shoulder.
ROADWAY
That portion of a highway improved, designated or ordinarily used for vehicular travel. If a highway includes two or more separate roadways, the term roadway refers to any such roadway separately, but not to all such roadways collectively.
SHOULDER
That portion of a highway on either side of the roadway which is normally snowplowed for the safety and convenience of vehicular traffic.
4. 
Regulations.
A. 
No person, owner and/or dealer shall operate or permit the operation by others of their owned all terrain vehicles, dirt bikes, three wheelers and any other type of recreational vehicle and snowmobiles upon a public highway, land used as farm or play areas, (except as permitted by law) or parking lot(s) not specifically designed for the use of vehicles described herein, except under the conditions and circumstances set forth in this section. No person, owner, dealer shall operate said vehicles in residential zoned areas.
B. 
If it is determined that the use of all terrain vehicles, dirt bikes, three wheelers and any other type of recreational vehicle and snowmobiles upon a public highway, land used as farm or play areas, (except as permitted by law), parking lot(s) and/or private property that detrimentally affects the health, safety and welfare of the residents and/or guests thereof, then the same shall be a violation of this section. The Township shall have the right to issue a cease and desist order to the owner and/or operator of the aforesaid vehicles. This remedy shall be in addition to Subsection 8, "Penalties" thereof.
5. 
Special Allowances.
A. 
The Supervisors, any police officer or ordinance or law enforcement officer may authorize the use of such vehicles described herein, on a public highway or street when an emergency occurs and conventional motor vehicles cannot be used for transportation due to snow or other extreme highway conditions.
B. 
A person may operate such vehicles described herein, on a highway for a special event of limited duration, conducted according to a pre-arranged schedule, if he or she first obtains a permit from the township board which shall only be granted if said board is of the opinion that the same can be operated in a safe, non-destructive manner and without thereby creating a nuisance or hazard to persons or property.
C. 
No person, owner or dealer shall permit the operating of all terrain vehicles, four wheel drives, motorcycles, motor bikes, dirt bikes, three wheeler, cars, trucks and any other type of recreational vehicles and snowmobiles as follows:
(1) 
On private property not owned, leased or under the control of the operator unless the operator has the express consent in writing of the owner, lessee or other person in control of said property, except in case of an emergency when other means of travel are not feasible or possible.
(2) 
On public school grounds, parks, playgrounds, recreational areas, golf courses and other public lands (other than state owned lands where such operation is authorized by statute), without the express consent of the public authority in charge of such lands or premises, except where such operation is absolutely necessary in an emergency when other means of travel are not feasible or possible.
(3) 
At a speed greater than is reasonable and proper, having due regard for conditions then existing.
(4) 
While under the influence of intoxicating liquor or narcotic drugs, barbital or any derivative of barbital.
(5) 
During the hours from 1/2 hour after sunset to 1/2 hour before sunrise without displaying a lighted headlight and a lighted tail light.
(6) 
In any forest nursery, planting area, or public lands posted or reasonably identifiable as an area of forest reproduction when growing stock may be damaged or as a natural dedicated area.
(7) 
On the frozen surface of public waters within 100 feet of a person including, but not limited to, a skater, not in or upon a snowmobile or recreational vehicle, or within 100 feet of a fishing shanty or shelter, except at the minimum speed, or on an area which has been cleared of snow for skating purposes unless the area is necessary for access to the frozen public water.
(8) 
Unless such vehicle described in Subsection 5C(3) of this section is equipped with a muffler in good working order and in constant operation from which noise emission at 50 feet in an arc at right angles from the vehicle path- and extending rearward entirely behind the vehicle under full throttle does not exceed 86 DBA (decibels on the "A" scale) on a sound meter having characteristics defined by American Standards Association SI 4-1966, "General Purpose Sound Meter."
(9) 
Within 100 feet of a dwelling between 12:00 midnight and 6:00 a.m., at a speed greater than minimum required to maintain forward movement of the vehicle.
(10) 
In or upon premises which are fenced, otherwise enclosed in or a manner to exclude intruders, private property, not posted, in a conspicuous manner or when notice against trespass is personally communicated to the operator by the owner of the promises or other authorized persons.
(11) 
In areas zoned residential.
(12) 
In any area on which public hunting is permitted during the season open to the taking of deer with firearms from 7:00 a.m. to 11:00 a.m. and from 2:00 p.m. to 5:00 p.m., except during an emergency for lawful enforcement purpose, to go to and from a permanent residence or a hunting camp otherwise inaccessible by conventional wheeled vehicle or for the conduct of necessary work functions involving land and timber survey, communication and transmission line patrol and timber harvest operations, or on the operator's own property under his control or as an invited guest of an owner or person in control of said property.
(13) 
While transporting a bow, unless unstrung, or a firearm, unless securely encased or equipped with and made inoperative by a manufactured key locked trigger housing mechanism.
(14) 
On or across a cemetery or burial ground.
(15) 
Within 100 feet of a slide, ski or skating area, except for the purpose of servicing the area or for medical emergencies.
(16) 
On a railroad or railroad right-of-way, except for railroad, public utility or law enforcement personnel while in the performance of their duties.
(17) 
Unless it has at least one headlight, one tail-light and adequate brakes capable of stopping the vehicle.
6. 
Any person who violates or permits a violation of this chapter shall, upon conviction in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense.
[Amended at time of adoption of Code]
7. 
Savings Clause. The provisions of this section are hereby declared to be severable. If any clause, sentence, paragraph, section or subsection is declared void or inoperable for any reason by any court, it shall not affect any other part or portion thereof other than the part declared void or inoperable.
8. 
Penalties.
A. 
Any violation of this section shall constitute a summary offense and any person, firm or corporation found guilty of such violation shall be fined in the discretion of the court up to $300 or imprisoned in the County Jail for up to 90 days or both. Each day that a violation continues to exist shall constitute a separate offense.
B. 
Any person guilty of a violation of the within section shall also be subject to civil proceedings for damages and/or injunctive relief by the property owner, firm or corporation injured or damaged by such violations.
C. 
Both criminal and civil proceedings may be commenced against, a person violating the within ordinance and commencement of any such proceedings shall not constitute an election of remedies preventing the commencement of the other proceedings against such violator.
D. 
The burden of proof is required by the defendant to prove he/she had permission to ride a recreational vehicle upon any property except their own property.