Borough of Moosic, PA
Lackawanna County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Moosic 5-13-2003 by Ord. No. 11-2003. Amendments noted where applicable.]
GENERAL REFERENCES
Noise — See Ch. 202.
Peace and good order— See Ch. 215.
Vehicles and traffic — See Ch. 285.
As used in this chapter, the following terms shall have the meanings indicated:
BOROUGH
The Borough of Moosic.
COUNCIL
The Council of the Borough of Moosic.
ENGINE-POWERED VEHICLES
Includes all wheeled and belt-driven vehicles powered by internal combustion engines, including, but not limited to, motorcycles, motorbikes, trail bikes, motor scooters, snowmobiles, all-terrain vehicles, etc., but shall not be construed to include properly licensed motor vehicles operated upon the public highways, streets, roads and private driveways in accordance with law; agricultural equipment used in the course of farming or commercial equipment being properly used in the trade or business of the owner or by such owner's employees or agents.
OCCUPANT
A person who resides on the property in question.
[Added 11-10-2020 by Ord. No. 17-2020]
OFFICER
Any designated official authorized to act with the Borough of Moosic.
OPERATE
To use in any manner within the boundaries of the Borough of Moosic, Lackawanna County, Pennsylvania.
[Added 11-10-2020 by Ord. No. 17-2020]
OWNER
Any person who has legal or equitable title to the property on which an ATV or dirt bike is being operated.
[Added 11-10-2020 by Ord. No. 17-2020]
PERSON
An individual, group of individuals, partnership, firm, association or any other entity.
[Added 11-10-2020 by Ord. No. 17-2020]
PRIVATE PROPERTY
Any land, rights-of-way, roads or other real property owned, maintained, or otherwise under the control of any person or entity other than the Borough of Moosic, Lackawanna County, and not available for general use by the public.
[Added 11-10-2020 by Ord. No. 17-2020]
PRIVATE RESIDENCE
Includes all houses, apartments, mobile homes and other permanent structures occupied by one or more persons as their primary home and residence, but shall not include the private residence (as defined herein) of the owner or operator of any engine-powered vehicle operated upon the land of such owner.
[Amended 5-14-2019 by Ord. No. 11-2019]
A. 
On or after the effective date hereof, it shall be unlawful for any person to operate, cause to operate, or participate in the operation of any engine-powered vehicle upon the public roads, street, highways, sideways, or alley situated within the Borough of Moosic or on private property without the consent of the owner, except as provided herein. Engine-powered vehicles may be operated:
(1) 
On highways and streets for a short distance, when necessary to cross a bridge or culvert;
(2) 
On highways and streets during periods of emergencies, when so declared by the Borough;
(3) 
On highways and streets for special motorized vehicle events of limited duration that are conducted according to a prearranged schedule under a permit from the Borough of Moosic; and
(4) 
On a street or two-lane highway, at an angle at approximately 90° to the direction of the highway, and at a place where no obstruction prevents a quick, safe crossing, provided that the engine-powered vehicle is brought to a complete stop before crossing the highway, and the driver yields the right-of-way to all oncoming traffic that constitutes an immediate hazard.
B. 
Access limitation. No person shall go on or cross the land of another with an ATV or dirt bike without the written permission of the owner, which written permission shall be carried on the person of the operator. No person shall operate an ATV or dirt bike on state or Borough roads unless properly registered and licensed for such purpose.
[Added 11-10-2020 by Ord. No. 17-2020]
C. 
Setback requirements. A person operating an ATV or dirt bike on private property must remain at least 100 feet from any adjoining or adjacent property line and must remain at least 150 feet from an off-site residential dwelling.
[Added 11-10-2020 by Ord. No. 17-2020]
D. 
Time limitations. It shall be unlawful for any person to operate an ATV or dirt bike for recreational purposes between the hours of 9:00 p.m. and 7:00 a.m., prevailing time. Operation of ATVs and dirt bikes will be limited to a one-hour session with a three-hour rest before the next operation of the vehicle. The rest period must be provided to prohibit disturbance of the peace within the Borough. Operation within this prohibited time period shall be considered a disturbance of the peace with the Borough.
[Added 11-10-2020 by Ord. No. 17-2020]
E. 
Noise limitation. No person shall operate an ATV or dirt bike without an effective and suitable muffling device on its engine which efficiently deadens or muffles the noise of the exhaust.
[Added 11-10-2020 by Ord. No. 17-2020]
F. 
Speed limitation. No person shall operate an ATV or dirt bike at a speed greater than that reasonable and prudent considering the existing conditions.
[Added 11-10-2020 by Ord. No. 17-2020]
G. 
Dust limitation. No person shall operate any ATV or dirt bike in any manner which creates dust which crosses onto any adjoining or adjacent property. Visible dust, mud or debris shall not leave the property boundaries of the parcel where vehicles governed by this chapter are operated.
[Added 11-10-2020 by Ord. No. 17-2020]
It is hereby determined that repeated violations of this chapter constitute a nuisance.
A. 
Three or more violations of this chapter within a six-month period shall constitute a nuisance.
B. 
Upon the third violation of this chapter the Borough hereby has the right to impound the motorized vehicle for a period of not in excess of six months.
C. 
Upon the third violation of this chapter, the Borough shall notify the owner and/or driver of its intent to impound said vehicle by giving written notice by first class mail to the owner and/or driver.
D. 
Any person aggrieved by this chapter may file an appeal with the Council within 30 days of receiving said notice.
E. 
Upon receiving a notice to appeal this decision the Borough shall hold the hearing within 30 days regarding the impounding the said vehicle.
F. 
Any person aggrieved by the decision of the Borough Council shall have the right within 30 days to appeal the matter to the Court of Common Pleas.
G. 
Any owner of an engine-powered vehicle impounded under this section shall pay any impound fee imposed by the Borough in a separate resolution or charge by the facility where said engine-powered vehicle is impounded.
[Added 7-10-2012 by Ord. No. 10-2012]
A. 
Any person owning a gas station in the Borough of Moosic disbursing gas from gas pumps located on said property to the general public is hereby prohibited from disbursing or allowing to be disbursed gasoline directly into any engine-powered vehicle.
B. 
Any person owning a gas station in the Borough of Moosic disbursing gas to the general public is hereby prohibited from allowing any person, including customers, to disburse gasoline from gas pumps located on said property directly into any engine-powered vehicle.
C. 
All persons are hereby prohibited from disbursing gasoline from gas pumps located at gas stations directly into any engine-powered vehicle.
A. 
Any person who violates any provision of this chapter shall, upon conviction thereof, pay a fine of not more than $600, and/or be sentenced to imprisonment for a term not to exceed 30 days. Every day that a violation continues shall constitute a separate violation.
B. 
All offenders convicted of violating this chapter shall also pay the costs of prosecution and, in default of said payment, of fines and costs.
[Added 11-10-2020 by Ord. No. 17-2020]
C. 
Any person guilty of a violation of this chapter may also be subject to civil proceedings for damages and/or injunctive relief by the property owner and any entity injured or damaged by such violation.
[Added 11-10-2020 by Ord. No. 17-2020]
D. 
Both criminal and civil proceedings may be commenced against a person violating this chapter, and commencement of any such proceedings shall not constitute an election of remedies preventing the commencement of the other proceedings against such violator.
[Added 11-10-2020 by Ord. No. 17-2020]
The remedies provided herein for the enforcement of this chapter or any other remedy provided by law shall not be mutually exclusive. Rather, any and all remedies may be applied simultaneously or consecutively at the option of the Borough Council.