The chapter shall hereafter be known and cited as the "Recreational
Vehicle Regulation Ordinance of the Township of North Coventry."
The purpose of the within chapter 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.
The following terms, when used in the within chapter, shall have the
following meanings:
DEALER
Any person engaged in the sale, lease or rental of all terrain vehicles,
four wheel drive vehicles, motorcycles, motor bikes, dirt bikes, three wheelers,
bicycles, cars, trucks and all other type of recreational vehicle and snowmobiles
as a regular business.
HIGHWAY or STREET
The entire width between the boundary lines of every way publicly
maintained where any part thereof is open to the use of the public for purposes
of vehicular travel.
OPERATE
To ride in or on and to be in actual physical control of the operation
of the recreation vehicle.
OPERATOR
Any person who operates or is in actual physical control of a snowmobile
or any other recreational vehicle described in said chapter.
OWNER
Any of the following:
A.
A person who holds the legal title to a snowmobile or any other recreational
vehicle described in said chapter.
B.
A vendee or lessee of the snowmobile or any other recreational vehicle
described in said chapter, which is the subject of an agreement for the conditional
sale or lease thereof with the right of purchase upon performance of the conditions
stated in the agreement and with an immediate right of possession vested in
the conditional vendee or lessee.
C.
A person renting a recreational vehicle or having the exclusive use
of a recreational vehicle.
PERSON
An individual, partnership, corporation, the state or any of its
agencies or subdivisions, and any body of persons, whether incorporated or
not.
PUBLIC PROPERTY
Property owned by North Coventry Township or public school districts.
RECREATIONAL VEHICLE
All terrain vehicles, four wheel drive vehicles, motorcycles, motor
bikes, dirt bikes, three wheelers, cars, trucks and any other type of recreational
vehicle. Also included in this definition is any motor-driven vehicle designed
for travel primarily on snow or ice of a type which utilizes sled-type runners
or skis, or an endless belt tread or any combination of these or other similar
means of contact with the surface upon which it is operated.
RIGHT-OF-WAY
That portion of a highway less the roadway and any shoulder.
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.
SHOULDER
That portion of a highway on either side of the roadway which is
normally snowplowed for the safety and convenience of vehicular traffic.
WALKING AND HIKING PATHS
Trails or paths dedicated to the use of an individual development
or the community as a whole for walking or hiking.
No person shall operate and no owner or dealer shall permit the operation
of all terrain vehicles, four wheel drive vehicles, motorcycles, motor bikes,
dirt bikes, three wheelers, bicycles, cars, trucks and any other type of recreational
vehicle and snowmobiles under the following conditions, circumstances or at
the following locations:
A. Upon a public highway, private or public property, walking and hiking paths, play areas, or street, or on a public or private parking lot not specifically designed for the use of vehicles described in §
347-3.
B. On private property not owned, leased or under the control
of the operator unless the operator has the express consent of the owner,
lessor and lessee or other person in control of said property, 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, golf courses and other public lands or walking and hiking paths (other
than state owned lands where such operation is authorized by statute), without
the express consent of the public authority in charge of such lands or premises,
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 alcohol or controlled substances.
F. During the hours from one-half hour after sunset to one-half
hour before sunrise without displaying a lighted headlight and a lighted tail
light.
G. In any forest nursery, planting area, or public lands
posted or reasonably identifiable as an area of forest reproduction when growing
stock may be damaged or as a natural dedicated area.
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 or a manner to exclude intruders, private property, not 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. While transporting a bow, unless no arrow is placed on
the string, or a firearm, unless securely encased or unloaded or equipped
with and made inoperative by a manufactured keylocked trigger housing mechanism.
K. On or across a cemetery or burial ground.
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.
Any police officer, peace officer or ordinance enforcement officer of
the Township is authorized to issue non-traffic citations for violations of
the within chapter.
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.