[Ord. 1842, 9/26/1994, § 1]
This Part shall hereafter be known and cited as the "Recreational
Vehicle Control Ordinance" of the Township of Harrison.
[Ord. 1842, 9/26/1994, § 2]
1.
The purpose of the within Part is to regulate and control the operation
and use of recreational vehicles within the said Township for the
protection of the health, safety and general welfare of the residents,
property owners, visitors and others within said Township.
2.
The Board of Commissioners of Harrison Township finds the following
facts:
A.
Recreational vehicles are being operated in the Township on public
highways, public highway rights-of-way, public easements and private
property so as to cause accidents, erosion, damage to soil, vegetation
and watercourses, uncovering and damage to public water, sewer and
other utility lines laid in the ground, frightening of persons and
wildlife, undue noise that is inconsistent with peaceful residential
environment and danger to recreational vehicle operators, pedestrians,
vehicular traffic and wildlife.
B.
The uncontrolled use of recreational vehicles constitutes a public
nuisance.
3.
The Township is authorized to regulate the use of recreational vehicles
pursuant to the First Class Township Code, 53 P.S. §§ 56510,
56526, 56544 and 56552.
[Ord. 1842, 9/26/1994, § 3]
The following terms, when used in the within Part, shall have
the following meanings:
The entire width between the boundary lines of every highway,
street, alley, lane, road or way publicly maintained whereby part
thereof is open to the use of the public for purposes of vehicular
travel.
To ride in or on and to be in actual physical control of
the operation of the recreational vehicle or to be a passenger on
a recreational vehicle.
Any person who operates or is in actual physical control
of a recreational vehicle or any person who is a passenger on a recreational
vehicle.
An individual, partnership, corporation, the state or any
of its agencies or subdivisions, and any body of persons, whether
incorporated or not.
All-terrain vehicles, four-wheel-drive vehicles, motorcycles,
motorbikes, dirt bikes, three-wheelers, cars, trucks, snowmobiles,
and any other type of vehicle intended or used primarily for recreational
use and any motor-driven vehicle designed primarily for travel on
snow or ice of a type which utilizes sled-type runners or skis, or
an endless belt tread, or any combination of those or other similar
means of contact with the surface upon which it is operated. "Recreational
vehicle" shall not include a registered passenger car, registered
truck or registered motorcycle being operated upon a roadway.
That portion of a highway less the roadway.
That portion of a highway improved, designated or ordinarily
used for vehicular travel. If a highway includes two or more separate
roadways, the term "roadway" refers to any such roadway separately,
but not to all such roadways collectively.
[Ord. 1842, 9/26/1994, § 4]
No person shall operate a recreational vehicle under the following
conditions, circumstances or at the following locations:
A.
Upon a public highway or street, land used as farm or play area,
or on a public or private parking lot not specifically designed for
the use of recreational vehicles as defined in § 802.
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Special Allowances
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(1)
The Supervisors, any police officer or ordinance or law enforcement
officer may authorize the use of recreational vehicles described in
§ 803 on a public highway or street when an emergency occurs
and conventional motor vehicles cannot be used for transportation
due to snow or other extreme highway conditions.
(2)
A person may operate such vehicles described in § 803
on a highway for a special event of limited duration, conducted according
to a prearranged schedule, if he or she first obtains a permit from
the Township Police Chief, who shall grant a permit only if he is
of the opinion that the same can be operated in a safe, nondestructive
manner and without thereby creating a nuisance or hazard to persons
or property.
B.
On private property not owned, resided upon, leased or under the
control of the operator unless an operator is carrying upon his person
a document containing the express written consent of the owner, lessee
or other person in control of said property and exhibits such document
upon demand by the police, the property owner or the property owner's
representative, except in case of an emergency when other means of
travel are not feasible or possible.
C.
On public school grounds, parks, playgrounds, recreational areas
and other public lands (other than state-owned lands where such operation
is authorized by statute) unless the operator is carrying upon his
person a document containing the express written consent of the public
authority in charge of such lands or premises and exhibits such document
upon demand by the police, the property owner or the property owner's
representative, except where such operation is absolutely necessary
in an emergency when other means of travel are not feasible or possible.
D.
At a speed greater than is reasonable and proper, having due regard
for conditions then existing.
E.
While under the influence of intoxicating liquor or narcotic drugs,
barbital or any derivative of barbital.
F.
During the hours from 1/2 hour after sunset to 1/2 hour before sunrise
without displaying a lighted headlight and a lighted taillight.
G.
On the frozen surface of public waters within 100 feet of a person,
including, but not limited to, a skater, not in or upon a snowmobile
or recreational vehicle, or within 100 feet of a fishing shanty or
shelter, except at the minimum speed, or on an area which has been
cleared of snow for skating purposes, unless the area is necessary
for access to the frozen public water.
H.
Within 100 feet of a dwelling between 12:00 midnight and 6:00 a.m.,
at a speed greater than minimum required to maintain forward movement
of the vehicle.
I.
In or upon premises which are fenced, otherwise enclosed in a manner
to exclude intruders, or posted in a conspicuous manner or when notice
against trespass is personally communicated to the operator by the
owner of the premises or other authorized persons.
J.
On or across a cemetery or burial ground.
K.
Within 100 feet of a slide, ski or skating area, except for the purpose
of servicing the area or for medical emergencies.
L.
On a railroad or railroad right-of-way, except for railroad, public
utility or law enforcement personnel while in the performance of their
duties.
M.
Within 500 feet of the boundary of any property containing a residence,
unless the recreational vehicle is equipped with an operable muffler
which muffles the noise produced by such vehicle to the extent that
the noise does not exceed that produced by an inspected standard passenger
car.
[Ord. 1842, 9/26/1994, § 5]
Any police officer, peace officer or ordinance enforcement officer
of the Township is authorized to issue a non-traffic citation for
violation of the within Part.
[Ord. 1842, 9/26/1994, § 7]
1.
Any violation of this Part shall constitute a summary offense, and
any person, firm or corporation found guilty of such violation shall
be fined in the discretion of the court in an amount up to $600. Each
day that a violation continues to exist shall constitute a separate
offense.
2.
Upon judgment against any person by summary conviction, or by proceedings
by summons on default of the payment of the fine or penalty imposed
and the costs, the defendant may be sentenced and committed to the
Township lockup for a period not exceeding five days, or to the county
jail, or workhouse, for a period not exceeding 30 days.
3.
Any person guilty of a violation of the within Part shall also be
subject to civil proceedings for damages and/or injunctive relief
by the property owner, firm or corporation injured or damaged by such
violation.
4.
Both criminal and civil proceedings may be commenced against a person
violating the within Part, and commencement of any such proceedings
shall not constitute an election of remedies preventing the commencement
of the other proceedings against such violator.
5.
The burden of proof is placed upon the defendant to prove he/she
had permission to ride a recreational vehicle upon any property except
their own property.
