[HISTORY: Adopted by the Board of Supervisors
of the Township of Chadds Ford (formerly Township of Birmingham) 7-1-1987 by Ord. No.
75. Amendments noted where applicable.]
This chapter shall be known and cited as "Chadds
Ford Township All-Terrain Vehicle Safety Ordinance of 1987."
As used in this chapter, the following terms
shall have the meanings indicated:
Any unlicensed motorized two- , three- , or four-wheeled
or track, and including dirt bikes (licensed or otherwise), vehicles
not licensed for public highway use.
No person shall, except as provided herein,
operate any of the above, as hereinbefore defined, within the Township
of Chadds Ford unless the user thereof has first given his name and
address to the owner or the lessee in possession of the premises where
he intends to operate and has obtained the written consent of such
owner or lessee, as the case may be, on the form provided by the Supervisors
of the Township of Chadds Ford. Prior to operating an ATV on such
property, duplicate signed copies of said consent shall be filed with
the Township Secretary either in person or by mail. No registration
with the Township or filing fee shall be required. The consent of
the owner or lessee shall continue in effect until the end of the
current year in which the consent is obtained, as will be specified
on said written consent, unless prior thereto the owner or lessee
in possession of the land shall revoke such consent in writing. In
granting such consent, the owner or lessee may stipulate the type
of ATV for which consent is granted.
A.
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.[1]
B.
Any Township constable or any police officer duly
authorized to enforce the law within the Township of Chadds Ford is
hereby authorized to seize, remove and destroy any ATV or similar
vehicle which is used in violation of any of the provisions of this
chapter.
