[HISTORY: Adopted by the Board of Commissioners of the Township of
Abington 6-13-2002 by Ord. No. 1875. Amendments
noted where applicable.]
This chapter shall be known and may be cited as the "Ordinance Regulating
the Use of All-Terrain Vehicles, Dirt Bikes and Other Motorized Recreational
Vehicles in the Township of Abington, Montgomery County, Pennsylvania."
The purpose of this chapter is to protect the health, safety and well-being
of the citizens of Abington Township by regulating the use of ATVs, dirt bikes
and other motorized recreational vehicles on the roadways, trafficways and
public property of the Township.
As used herein, the following terms shall have the meanings indicated:
A motorized off-highway vehicle on three or more low-pressure and/or
low-profile, low-pressure tires, and having either a bench seat or seat designed
to be straddled by the operator as defined in the Pennsylvania Motor Vehicle
Code.
A motorized off-highway vehicle, having a seat or saddle for the
use of the rider and designed to travel on not more than three wheels in contact
with the ground.
To ride in, on or upon and/or to be in actual physical control of
the functioning or movement of an ATV, dirt bike, go-cart, motorized scooter,
or any other motorized vehicle used for recreational purposes not designated
for use on public roadways.
A person, other than a lienholder, having the property or title to
an ATV, dirt bike, or any other motorized off-highway vehicle.
Any individual, partnership, corporation, the state or its agencies
and subdivisions, and any body of persons whether incorporated or not.
The entire width between boundary lines of any area or place that
is owned or controlled by the commonwealth and/or the Township of Abington,
its agencies or subdivisions.
Any all-terrain vehicles, dirt bikes, motor bikes, motorized scooters,
go-carts, or any other motorized vehicle used for recreational purposes, but
not designed or approved for use on any public roadway.
That portion of a highway (or railroad) less the roadway (or railroad
tracks) and any shoulder.
An engine-driven vehicle of a type which utilized sled-type runners,
or skis, or an endless belt tread or any combination of these or similar means
of contact with the surface upon which it is operated.
The entire width between the boundary lines or other boundary lines
of every way or place of which any part is open to the public for the purposes
of vehicular travel as a matter of right or custom.
It shall be unlawful for any person to willfully operate an ATV, dirt
bike, recreational vehicle or snowmobile, or any other motorized vehicle used
for recreational purposes not designated for use on a public roadway, within
the Township of Abington, as follows:
A.Â
On any private property generally open to the public,
such as shopping centers and/or malls.
B.Â
On any public or school grounds, park property, playgrounds,
recreational areas, cemeteries and/or burial grounds, and/or golf courses
without the express written permission to do so by the proper public authority.
C.Â
On any public sidewalk or boulevard or public right-of-way.
D.Â
On a railroad or railroad right-of-way or public utility
right-of-way, except for railroad or public utility personnel while in the
performance of their duties.
E.Â
On any roadway or trafficway as defined herein unless
said roadway is a state highway specifically designated as an ATV or snowmobile
road by the Pennsylvania Department of Transportation.
F.Â
Nothing contained herein shall be construed to apply
to prevent law enforcement officials for the Township of Abington while engaged
in the performance of their official law enforcement duties.
No person shall operate an ATV, dirt bike, recreational vehicle, snowmobile,
or other motorized recreational vehicle as defined by this chapter, nor shall
an owner permit said vehicle to be operated in the Township of Abington except
as follows: On any public roadway or trafficway during an emergency during
the period of time where such conditions upon the roadway renders travel by
automobile or other vehicle impossible. Such emergency shall be declared by
the Board of Commissioners, or by the Township Manager, or by the Township
Director of Public Works, or by the Chief of Police. Any such operation may
only be on the right-hand side, in single file of such roadway or trafficway
and in the same direction as the roadway or trafficway traffic and shall not
be operated without a securely fastened helmet on the head of the individual
who operates or is a passenger on said ATV, dirt bike, or other motorized
recreational vehicle as defined by this chapter.
A.Â
When a law enforcement officer issues a citation for
a violation under this chapter, the officer may impound the ATV, dirt bike
or other motorized recreational vehicle as defined by this chapter operated
by the person who received the citation if, in the judgment of the officer,
based on actual previous offenses by the operator or other considerations,
the operator will continue to operate the vehicle in violation of this chapter,
and such operation may be a hazard to the safety of persons or property. An
officer may impound an ATV, dirt bike, or any other motorized recreational
vehicle, as defined by this chapter, for the purpose of establishing proof
of ownership, if such ownership is not evident by any registration or other
document on the person of the operator.
B.Â
The owner may reclaim his vehicle at any time subsequent
to 24 hours after the issuance of the citation upon proof of ownership and
payment of costs of impoundment to the towing agency impounding the vehicle.
A.Â
Any person violating any provisions of this chapter is
guilty of a summary offense and shall, upon conviction:
(1)Â
For a first offense, be sentenced to pay a fine on not
less than $25 nor more than $100 and costs of prosecution and, in default
of payment thereof, shall undergo imprisonment for not more than 10 days.
(2)Â
For a second offense, be sentenced to pay a fine of not
less than $50 nor more than $200 and costs of prosecution and, in default
of payment thereof, shall undergo imprisonment for not more than 30 days.
B.Â
Any person guilty of a violation of this chapter shall
also be subject to civil proceedings for damages and/or injunctive relief
by the property owner injured or damaged by such violation.
C.Â
Both criminal and civil proceedings may be commenced
against a person violating this chapter and commencement of any such proceeding
shall not constitute an election of remedies preventing the commencement of
any other proceedings against the violator.
