[A.O.]
This Part shall be known and may be cited as the "Ordinance
Regulating the Use of All-Terrain Vehicles, Dirt Bikes and Other Motorized
Recreational Vehicles in the Township of Stroud, Monroe County, Pennsylvania."
[A.O.]
The purpose of the within Part is to regulate and control the
operation and use of all-terrain vehicles, dirt bikes, and other motorized
recreational vehicles within Stroud Township for the protection of
the health, safety and general welfare of the residents, property
owners, visitors and others within Stroud Township.
[A.O.]
As used herein, the following terms shall have the meanings
indicated:
A motorized off-road vehicle which travels on three or more
inflatable tires as defined in the Pennsylvania Motor Vehicle Code.
A motorized off-road vehicle, having a seat or saddle for
the use of the rider and designed to travel on not more than three
wheels in contact with the ground.
To ride in, on or upon and/or to be in actual physical control
of the functioning or movement of an ATV, dirt bike, go-cart, motorized
scooter, or any other motorized vehicle used for recreational purposes
or off-road.
A person, other than a lienholder, having the property or
title to an ATV, dirt bike, or any other motorized off-road vehicle.
Any individual, partnership, corporation, the state or its
agencies and subdivisions, and any body of persons whether incorporated
or not.
The entire width between boundary lines of any area or place
that is owned or controlled by the commonwealth and/or the Township
of Stroud, its agencies or subdivisions.
Any all-terrain vehicle, dirt bike, motor bike, trail bike,
motorized scooter, go-cart, dune buggy, four-wheel drive vehicle operated
off public roads, or any other motorized vehicle used for recreational
or off-road purposes. This term does not include off-road motor vehicles
used exclusively as utility vehicles for agricultural or business
operations, equipment used for property maintenance or construction,
emergency and law enforcement vehicles, golf carts, boats and battery-operated
toy vehicles manufactured for children under 10 years old and/or for
a rate speed not to exceed five miles per hour.
An ATV, dirt bike, recreational vehicle, snowmobile, or other
motorized recreational vehicle as defined by this Part.
That portion of a highway (or railroad) less the roadway
(or railroad tracks) and any shoulder.
An engine-driven vehicle of a type which utilized sled-type
runners, or skis, or an endless belt tread or any combination of these
or similar means of contact with the surface upon which it is operated.
The entire width between the boundary lines or other boundary
lines of every way or place of which any part is open to the public
for the purposes of vehicular travel as a matter of right or custom.
[A.O.]
1.
It shall be unlawful for any person to willfully operate an ATV,
dirt bike, recreational vehicle or snowmobile, or any other motorized
vehicle used for recreational or off-road purposes within the Township
of Stroud as follows:
A.
On any private property generally open to the public, such as shopping
centers and/or malls.
B.
On any public or school grounds, park property, playgrounds, recreational
areas, cemeteries and/or burial grounds, and/or golf courses without
the express written permission to do so by the proper public authority.
C.
On any public sidewalk or street or public right-of-way.
D.
On a railroad or railroad right-of-way or public utility right-of-way,
except for railroad or public utility personnel while in the performance
of their duties.
E.
On any roadway or trafficway as defined herein unless said roadway
is a state highway specifically designated as an ATV or snowmobile
road by the Pennsylvania Department of Transportation.
F.
Between the hours of 9:00 p.m. and 7:00 a.m., prevailing time, regardless
of whether the operator is upon the private property of the operator
or on the private property of another person or entity who has granted
permission to the operator of a regulated vehicle.
G.
Within 250 feet of a dwelling on an adjoining or adjacent property unless the operator can demonstrate that the regulated vehicle(s) will be operated at a sound pressure level no greater than 60 decibels (dBA) at the adjoining or adjacent property lines where a dwelling(s) is/are located within 250 feet of the regulated vehicle operation boundary line as described in § 15-1206, Subsection 3 herein. Such demonstration shall occur prior to the issuance of the regulated vehicle permit.
H.
Without a standard muffler. Standard mufflers must be properly attached
and unmodified to reduce the noise of operation of the motor to the
minimum necessary for operation. No person shall use a muffler cutout,
by-pass, straight pipe, or similar device.
I.
In violation of Chapter 77 of the Pennsylvania Vehicle Code, 75 Pa.C.S.A.
Chapter 77.
J.
If operated on wetlands or slopes 30% or greater, or in ponds, vernal
pools, lakes, streams or other environmentally sensitive or historic
areas identified in plans, maps or ordinances adopted by the Board
of Supervisors.
[A.O.]
No person shall operate a regulated vehicle, nor shall an owner
permit a regulated vehicle to be operated in the Township of Stroud
except as follows: On any public roadway or trafficway during an emergency
declared by the Board of Supervisors or by the Chief of Police or
a special event authorized by the Board of Supervisors allowing a
regulated vehicle(s). Any operation of a regulated vehicle(s) during
such declared emergency or authorized special event shall be operated
in the safest manner possible by a safety-certified and liability-insured
operator wearing a fastened safety helmet at their sole risk.
[A.O.]
1.
The operator of a regulated vehicle(s), or an owner of property granting
permission to an operator of a regulated vehicle(s), shall apply for,
and have an approved, Regulated vehicle permit for the use of a regulated
vehicle(s) on a specific parcel(s) in the Township.
2.
The regulated vehicle permit applicant shall disclose the operator(s)
of a regulated vehicle(s) and shall provide the following at time
of application: a copy of the regulated vehicle(s) registration, proof
of the operator's liability insurance, and a plot plan depicting
the boundary line of regulated vehicle operation area no less than
250 feet from an adjoining or adjacent dwelling, or the operation
area boundary line where the regulated vehicle(s) will not exceed
(60 dBA) at adjoining or adjacent property lines where a dwelling(s)
is/are located within 250 feet.
3.
Prior to the issuance of a regulated vehicle permit, the owner of
property upon which a regulated vehicle(s) will be operated is responsible
to have the boundary line of regulated vehicle(s) operation area marked
with red, yellow or orange cones on the ground no more than one every
100 feet apart, and/or red, yellow or orange tape, cloth or plastic
no less than three feet above grade and no more than one every 100
feet apart, according to the plot plan submitted with the regulated
vehicle permit application. Operation area boundary line markings
shall remain in place, and shall be replaced if removed for any reason,
until such use of the property is terminated. Markings described herein
are not required where a dwelling on an adjoining or adjacent property
is more than 250 feet from a property line nearest to the parcel where
the regulated vehicle(s) is permitted.
4.
The regulated vehicle permit applicant shall pay a permit fee as
established by the Board of Supervisors.
5.
Permit Revocation. All rights and privileges acquired under the provisions
of this Part are revocable for failure to comply with its provisions.
All permits issued pursuant to this ordinance are hereby subject to
this provision.
[A.O.]
1.
When a code or law enforcement officer issues a citation for a violation
under this Part, the officer may impound the regulated vehicle operated
by the person who received the citation if, in the judgment of the
officer, based on actual previous offenses by the operator or other
considerations, the operator will continue to operate the vehicle
in violation of this Part, and such operation may be a hazard to the
safety of persons or property. An officer may impound a regulated
vehicle for the purpose of establishing proof of ownership, if such
ownership is not evident by any registration or other document on
the person of the operator.
2.
The owner may reclaim their vehicle subsequent to 24 hours after
the issuance of the citation upon proof of ownership and payment of
costs of impoundment and towing fee to the towing agency impounding
the vehicle.
[A.O.]
1.
No person shall violate any portion of this Part.
2.
Prosecution under this Part shall be instituted by the Code Enforcement
Officer, or any other Township official, and shall be filed in the
name of Stroud Township, Monroe County, Pennsylvania.
3.
Enforcement shall be by an action brought before a magisterial district
judge in the same manner as provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedure. The Township
Solicitor may assume charge of the prosecution without the consent
of the District Attorney as required under Pennsylvania Rule of Criminal
Procedure No. 454(c) (relating to trial in summary cases).
4.
Any person violating any of the provisions of this Part shall, upon
conviction thereof by a magisterial district judge, be guilty of a
summary offense, and shall be sentenced to pay a fine of not less
than $250 nor more than $1,000, together with costs, for the first
violation, not less than $500 nor more than $1,000, together with
costs, for the second, and up to $1,000, together with costs, for
subsequent violations. Each day that a violation exists shall constitute
a separate offense. In default in the payment of any fine imposed
hereunder, the defendant shall be sentenced to undergo imprisonment
for a period not exceeding 30 days.
5.
All fines and penalties collected for any violation of this Part
shall be paid to the Township Treasurer.
6.
In addition to or in lieu of an enforcement action before a magisterial
district judge, the Township may enforce this Part in equity. In the
event an abatement notice has been issued, which is being violated,
or in any other appropriate circumstance, the Code Enforcement Officer,
or any other Township official, is hereby authorized on behalf of
the Township to institute an action in equity for an injunction to
enforce compliance herewith and/or to restrain continuous violations
of this Part.
