[Added 8-17-2021 by Ord. No. 2021-004, approved 8-17-2021]
As used in this article, the following terms shall have the
meanings indicated:
A motorized off-highway vehicle that travels on three or
more off-highway tires and which has:
A maximum width of 50 inches and a maximum dry weight of 1,200
pounds; or
A width which exceeds 50 inches or a dry weight which exceeds
1,200 pounds.
For purposes of this article, the term ATV includes off-road
motorcyles, also known as dirt bikes, that cannot be registered and
are not registered to be operated on streets or highways as defined
in this article.
The term does not include snowmobiles, trail bikes, motorboats,
golf carts, aircraft, dune buggies, automobiles, construction machines,
trucks, or home utility machines; military, fire, emergency, and law
enforcement vehicles; implements of husbandry; multipurpose agricultural
vehicles; or vehicles used by government departments. In addition,
this term does not include off-road motor vehicles used exclusively
as utility vehicles for agricultural or business operations and incidentally
operated or moved upon the highway.
The entire width between the boundary lines of every way
that is publicly maintained when any part thereof is open to the use
of the public for purposes of vehicular travel.
A highway, other than an alley, within the corporate limits
of a political subdivision.
No person shall operate, park, stop, stand, place or maintain
any all-terrain vehicle on any public sidewalk or any public property,
including without limitation any park or recreation facility, except
where expressly authorized by law; provided that the owner or a person
with legal permission of the owner may temporarily place an all-terrain
vehicle on the sidewalk abutting his or her house or abutting any
premises where the vehicle is lawfully stored, for purposes of transporting
the vehicle legally to a location outside the City. Nothing in this
section prohibits the lawful transport of an all-terrain vehicle on
a licensed trailer or other safe carriers or the manual transport
of a vehicle onto or off such carrier, so long as the motor or engine
of the all-terrain vehicle always remains off.
A.
The penalty for a violation or conviction of this article as a first
offense shall be a fine of $500 and forfeiture of the all-terrain
vehicle; second and subsequent offenses shall be a fine of $600 and
forfeiture of the all-terrain vehicle. Any person violating or convicted
under this section may get sentenced to no more than 30 days' confinement.
B.
Forfeiture exception. Forfeiture of an all-terrain vehicle is subject
to the following exception:
(1)
If the value of the all-terrain vehicle, in its current condition,
is more than $2,000, or if the defendant does not own the vehicle
and the owner did not know and could not reasonably have known that
the vehicle would get used in violation of this section, a civil penalty
of $1,000 shall get imposed in place of forfeiture.
C.
Notices of violations shall get issued by police officers or any
other person authorized to enforce ordinances under this code.
D.
Contested charges and penalties shall get resolved, imposed, collected,
and processed by the Magisterial District Court for the Borough and
area where the violation occurred.
E.
Any person to whom a ticket is issued may, within 10 days of receipt,
agree to forfeit the vehicle in place of contesting the violation
and instead of any other fines or penalties.
F.
Seizure and forfeiture procedure. In addition to the issuance of
a notice of violation, whenever a police officer has probable cause
to believe an ATV has been used or is getting used in violation of
this article, the officer may seize the ATV, after which the Police
Department shall issue a seizure notice within 10 days of the ATV
seizure. The Police Department shall store the vehicle until final
adjudication of the offense, at which time:
(1)
If forfeiture is not awarded, the Police Department shall return
the vehicle to the owner upon payment of all applicable fines, penalties,
and fees and compliance with all applicable laws relating to the vehicle.
(2)
If forfeiture gets awarded, the Police Department shall dispose of
the vehicle in an appropriate manner, which may include destruction
of the vehicle or such other method of disposition that, in the judgment
of the Department, reduces, to the greatest extent practicable, the
opportunities for the vehicle to get used in any manner that violates
the provisions of this article or the Vehicle Code.
G.
Owner not operator of ATV. If the operator of the seized ATV is not
the owner of the ATV, the Police Department shall notify the owner
of the ATV of the violation, seizure, and intent to seek forfeiture
of the ATV. The notice shall inform the owner that he/she may contest
the forfeiture by giving notice to the Magisterial District Court
within 10 days of notice. This article shall act as permission and
authorization for a third-party owner who is not the operator at the
time of the violation to have standing to initiate, challenge, and
litigate forfeiture of the ATV even though the violation got issued
against another individual.
