[HISTORY: Adopted by the Council of the City of Coatesville 4-8-2019 by Ord. No. 1522-2019. Amendments noted where applicable.]
The purpose of this chapter is to regulate the use of all-terrain
vehicles and dirt bikes to limit the threats they pose to the health,
safety and welfare of the residents of the City of Coatesville.
As used in this chapter, the following terms shall have the
meanings indicated:
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 multitrack, multiwheel 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 motorcycle with tires and suspension designed and built
for riding on unpaved roads and over rough terrain.
A person who resides on the property in question.
To use in any manner within the boundaries of the City of
Coatesville, Chester County, Pennsylvania.
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.
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 City of Coatesville, Chester County, 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 Pennsylvania law.
Proof of registration in the nature of copies of the registration
documents required by state law shall be supplied to the City of Coatesville
Police Department or the City's designee when requested in the
course of enforcing the provisions of this chapter.
Any person who operates an ATV within the City of Coatesville
shall do so only in full compliance with the provisions of Pennsylvania
law, including, but not limited to, registration and licensing.
A.Â
Owner or occupant. Only the owner or occupant or their guests or
invitees shall be permitted to operate an ATV or dirt bike on private
property.
B.Â
Access limitation. No person shall go on or cross the land of another
with an ATV or dirt bike without the written permission of the owner,
which written permission shall be carried on the person of the operator.
No person shall operate an ATV or dirt bike on state or City roads
unless properly registered and licensed for such purpose.
C.Â
Setback requirements. A person operating an ATV or dirt bike on private
property 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.Â
Maximum numbers, facilities and events.
(1)Â
The operation of more than four ATVs at one time requires an event
or facility permit from the City, provided such event or facility
is otherwise a permitted use under applicable City ordinances.
(2)Â
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 City in those areas where such facilities or events may be permitted under applicable City ordinances. Otherwise, such facilities and events are prohibited. Compliance with all City ordinances, including required erosion and sedimentation controls set forth in Chapter 194, prior to the installation and use of these facilities by the vehicles governed under this chapter is required.
E.Â
Time limitations. It shall be unlawful for any person to operate
an ATV or dirt bike for recreational purposes between the hours of
9:00 p.m. and 7:00 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 City. Operation
within this prohibited time period shall be considered a disturbance
of the peace with the City.
F.Â
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. Operation of an ATV or dirt bike shall be subject to and compliant with the noise limitations, restrictions and requirements set forth in Part II, General Regulations, Chapter 161, Noise.
G.Â
Speed limitation. No person shall operate an ATV or dirt bike at
a speed greater than that reasonable and prudent considering the existing
conditions.
H.Â
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.
I.Â
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, erosion-sensitive area, floodplain,
or within 50 feet of such environmentally sensitive area.
A.Â
Violations; persons liable. It shall be unlawful and a violation
of this chapter for any property owner or person to violate any provision
of this chapter and any such violation shall subject the owner of
the property and any person operating an ATV or dirt bike in violation
of this chapter to the enforcement and penalty provisions set forth
in this section.
B.Â
Enforcement and penalties. The City of Coatesville Police Department,
the Pennsylvania State Police and such persons as may from time to
time be designated by the City are authorized to make a determination
of a violation of, and to enforce, the provisions of this chapter.
The first violation of this chapter shall result in the issuance of
a citation, and upon being found guilty thereof, shall subject the
violator to a fine of $250. A second or subsequent violation of this
chapter shall result in the issuance of a citation, and upon being
found guilty thereof, shall subject the violator to a fine of $600
for a second offense, and $1,000 for the third and each subsequent
offense. Upon default in payment of a fine or upon a guilty finding
of a third or subsequent offense, the violator may be subject to a
term of imprisonment up 90 days, or the maximum otherwise allowed
by law. Each day that a violation continues or each section of this
chapter that is found to be violated shall be considered a separate
violation.
C.Â
All offenders convicted of violating this chapter shall pay the costs
of prosecution in addition to any fine and court costs.
D.Â
Any person guilty of a violation of this chapter may also be subject
to civil proceedings for damages and/or injunctive relief by the owner
of the property where violation(s) occur, the City, and any entity
injured or damaged by such violation.
E.Â
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.
In addition to any actions brought under § 70-6 above, in the event a person is operating an ATV or dirt bike in violation of this chapter on the street or on private property without the owner's consent, a police officer may impound any ATV or dirt bike operated by such person. Any such vehicle impounded by a police officer may be redeemed by the owner or person authorized by the owner, upon payment of any fines and costs, as well as all costs of towing and storage applicable to such vehicle, and subject to providing documentation establishing proof of registration as required by § 70-3.
