[HISTORY: Adopted by the Borough Council of the Borough of
Baldwin 11-15-2016 by Ord. No. 872.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 154.
Vehicles, impounding of — See Ch. 157.
Vehicles with studded tires — See Ch. 160.
[1]
Editor's Note: This ordinance also superseded former Ch. 159,
Vehicles, Unlicensed and All-Terrain, adopted 2-20-2000 by Ord. No.
739.
This chapter seeks to improve the safety and quiet enjoyment
of individuals living and/or doing business in the Borough of Baldwin,
and to eliminate noise and dust and other air and ground pollution
incident to the operation of ATVs, dirt bikes or other recreational
motor vehicles on property within the limits of the Borough. This
chapter also seeks to advance the purposes set forth in the Baldwin
Borough Zoning Ordinance and is intended to prevent a public nuisance.
As used in this chapter, the following terms shall have the
meanings indicated:
A person who is legally entitled to reside on the property
on which an ATV, dirt bike or other recreational motorized vehicle
is being operated.
A person who is operating an ATV, dirt bike or other recreational
motorized vehicle.
Any person who has legal or equitable title to the property
on which an ATV, dirt bike or other recreational motorized vehicle
is being operated.
A recreational motorized vehicle is defined for purposes
of this chapter as follows: any self-propelled motorized vehicle used
for recreational purposes, including a trail bike or other all-terrain
vehicle, dirt bike, motor scooter, moped or snowmobile being used
for off-road recreational purposes.
"All-terrain vehicle," or ATV, for the purposes of this chapter,
means any motorized vehicle with three wheels or four wheels designed
for use off of paved trails or roads which operates on three or more
inflatable tires which are 1) a maximum of 50 inches and a maximum
dry weight of 800 pounds (Class 1 ATV), or 2) a width which exceeds
50 inches or a dry weight which exceeds 1,000 pounds (Class 2 ATV).
The term "ATV" shall include all-terrain vehicles as described above,
"quads," "quad bikes," and tandem ATVs.
"Motor scooter," for purposes of this chapter, means a vehicle
that has motive power, a seat, but not a saddle, for the driver, two
wheels, and a floor pad for the driver's feet and is not a vehicle
intended for use due to health issues or disability of the operator.
For the purposes of this chapter, the term "shall" is always
mandatory and not discretionary.
It shall be unlawful for any individual to operate an ATV, dirt bike or other recreational motorized vehicle, as defined above, on any public or private street or public or private property in the Borough of Baldwin, except under the conditions set forth in § 159-4 herein.
A.
Specifically excluded from this chapter are all ATVs, dirt bikes
and other recreational motorized vehicles used by the Baldwin Borough
Police Department for law enforcement purposes and other municipal
and government employees, including military personnel, using said
vehicles for the purpose of carrying out the functions of their official
positions.
B.
Excluded from this chapter are motorized wheelchairs or scooters
or other necessary equipment used to transport an individual due to
that individual's physical disability or medical condition as
certified by a medical doctor.
C.
Also excluded from this chapter are off-road motorized vehicles used
as utility vehicles for agricultural purposes, snow plowing/removal,
lawn care, brush clearing of landowner's property, or any other
"reasonable" property maintenance and/or landscaping.
D.
Operation of recreational motorized vehicles is allowed between the
hours of 11:00 a.m. and 8:00 p.m. or sunset, whichever comes first.
Operation in residential districts on Sundays is prohibited, except
operation for maintenance only, which is to be limited to no more
than one hour between 11:00 a.m. and 8:00 p.m. or sunset, whichever
comes first.
E.
Operation of recreational motorized vehicles must not be within 500
feet of any residential property line.
F.
Recreational motorized vehicle riders must show written proof that
property owners have allowed them to ride on their property.
G.
Operation of recreational motor vehicles must not be done in a way
so as to create loud and unnecessary or unusual noises so as to disturb
or interfere with the peace and quiet of the residents of the Borough
of Baldwin.
H.
Man-made tracks and/or courses designed for racing recreational motor
vehicles or other recreational purposes are prohibited in all residential
districts within the Borough of Baldwin.
I.
All recreational motorized vehicles must be operated in a manner
that does not violate any local, state or federal laws.
To the extent applicable, this chapter incorporates by reference Pennsylvania's All-Terrain Vehicle Law as contained in Part 6, Chapter 77 of the Pennsylvania Vehicle Code and state regulations set forth in Title 17 Pa. Code, Chapter 51. All provisions shall be strictly enforced.
A.
A violation of this chapter shall be deemed a public nuisance and
a summary offense and shall subject the owner/occupant of the property
and/or any person operating an ATV, dirt bike or other recreational
motorized vehicle in violation of this chapter to summary offense
enforcement proceedings.
B.
The Baldwin Borough Police Department and the Code Enforcement Officer(s)
of the Borough of Baldwin are hereby authorized to make an initial
determination of violation of this chapter and to enforce provisions
of this chapter.
C.
All enforcement officers in the state, including local and state
police, shall have the authority, as set forth in Pennsylvania's
Snowmobile and All-Terrain Vehicle Law and state regulations, to enforce
Pennsylvania's Snowmobile/ATV Law, with municipal and state police
having enforcement authority on private land.
Any violation of this chapter shall be within the jurisdiction
of the District Justice whose jurisdiction covers the Borough of Baldwin
as well as courts from which the District Judge's decision may,
under the statutes of the Commonwealth of Pennsylvania, be appealed.
A.
Any person violating any provision of this chapter shall be fined
$100 plus the costs of prosecution, for his or her first offense;
$250 plus the cost of prosecution for his or her second offense; and
$1,000 plus the cost of prosecution for his or her third or subsequent
offense, as well as impoundment of the vehicle. A separate offense
shall be deemed committed each day during or on which a violation
occurs or continues.
B.
Violation of this chapter shall be a summary offense, subject to
summary enforcement proceedings and the appropriate officers or agents
of the Borough of Baldwin are hereby authorized to seek equitable
relief, including injunction, to enforce compliance with this chapter.
Upon default in payment of a fine and upon a guilty finding of violation
of this chapter, the violator may be subject to a term of imprisonment
up to the maximum allowed for a summary offense.
Upon the third or subsequent offense for violation of this chapter,
the Police Department of the Borough of Baldwin or the Code Enforcement
Officer of the Borough may confiscate and impound any vehicle operated
in violation of this chapter. The vehicle shall be returned to the
owner thereof upon payment of any fine imposed as a result of the
violation of this chapter and upon payment of any storage charge incurred
as a result of the impoundment.
In this chapter, the use of the singular shall include the plural,
and the use of headings is for convenience only.
If a section, provision or part of this chapter shall be judged
to be invalid or unconstitutional, such adjudication shall not affect
the validity of the Ordinance as a whole or any sections, provisions
or parts thereof not adjudged invalid or unconstitutional.
This chapter shall be in full force and effect from the date
of its adoption by the Baldwin Borough Council and upon publication
provided by law.
