[Added 6-24-2021 by Ord. No. 2021-04]
As used in this article, the following terms shall have the
meanings indicated:
A person who regularly resides on the property in question.
All motorized vehicles, designed or redesigned or otherwise
being used for off-road recreational use, including but not limited
to the following:
The term "off-road recreational vehicle" shall not include motorized
vehicles for law enforcement, fire, emergency, military, or other
authorized government purposes, or off-road motorized vehicles used
as utility vehicles for agriculture, husbandry, lawn care, snow removal
or business operations.
Any person who has legal or equitable title to the property
on which an off-road recreational vehicle is being operated.
An individual, group of individuals, a partnership, firm,
association or any other entity.
The following regulations shall apply for the use of an off-road
recreational vehicle on private real property:
A.
Owner or occupant. Only the owner, occupant, permitted guests and
family shall operate an off-road recreational vehicle on private real
property subject to the restrictions outlined herein.
B.
Setback requirements.
(1)
A person operating an off-road recreational vehicle must remain at
least 150 feet from any adjoining property line.
(2)
It shall not be a violation of this section to operate a motorcycle
or similar on-road vehicle within the required setback for purposes
of ingress and egress from or onto a driveway, or to operate an off-road
recreational vehicle within the required setback for purposes of loading
or unloading.
(3)
It shall not be a violation of this article to operate an off-road
recreational vehicle without the original equipment exhaust within
50 feet of a property line for purposes of test driving, provided
that the test driving does not last longer than a total of 15 minutes
per day.
C.
Additional restrictions. In the event that an off-road recreational
vehicle is operated between 150 feet and 250 feet of an adjoining
property line, the following additional restrictions shall apply:
(1)
No more than two off-road recreational vehicles may be operated at
the same time.
(2)
A person may operate an off-road recreational vehicle only between
the hours of 10:00 a.m. to 8:00 p.m., prevailing time.
(3)
An operator or operators may collectively ride an off-road recreational
vehicle for no longer than a total of one hour at a time with a two-hour
rest period between the next operation of an off-road recreational
vehicle.
(4)
For the operation of an off-road recreational vehicle over 250 feet
from an adjoining property line the above restrictions shall not apply.
D.
Dust. A person shall not generate or permit to be generated, as a
result of the use or operation of any off-road recreational vehicle,
any dust to cross over onto an adjoining or adjacent property that
will interfere with the reasonable use and enjoyment of the residential
use of the property, either inside or outside.
No person shall operate an off-road recreational vehicle on
Township property without the express written consent of the Township.
A.
A violation of this article shall be deemed a public nuisance, and
shall subject the owner of the property and/or any person operating
an off-road recreational vehicle in violation of this article to summary
enforcement proceedings.
B.
The Springettsbury Township Police Department (or successor Police
Department) and such persons as may be designated by resolution of
the Board of Supervisors are authorized to make an initial determination
of a violation of this article, and to enforce the provisions of this
article. An initial determination of a violation of this article shall
result in a verbal warning to the owner, occupant, or operator of
the off-road recreational vehicle.
C.
A second or subsequent violation of this article shall be subject
to summary enforcement proceedings and upon being found guilty thereof
shall subject the violator to a fine of not less than $100 and not
greater than $1,000 per violation. Upon a default in payment of a
fine, 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 article that is found
to be violated shall be considered a separate violation.
A.
To the extent applicable, this article incorporates by reference
thereto the provisions of and rules and regulations relating to the
Pennsylvania Snowmobile and All Terrain Vehicle Law, 75 Pa.C.S.A.
§ 7701 et seq.
B.
The use of the singular shall include the plural. The use of headings
is for convenience only.
C.
The sections of this article are severable, and if any section or
part thereof is found to be unconstitutional or unenforceable, then
such finding shall not affect the validity of the remaining sections
or parts thereof.
