[HISTORY: Adopted by the Board of Supervisors of the Township of
North Coventry 10-9-2001 by Ord. No. 116.
Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 340.
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:
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.
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.
To ride in or on and to be in actual physical control of the operation
of the recreation vehicle.
Any person who operates or is in actual physical control of a snowmobile
or any other recreational vehicle described in said chapter.
Any of the following:
A person who holds the legal title to a snowmobile or any other recreational
vehicle described in said chapter.
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.
A person renting a recreational vehicle or having the exclusive use
of 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.
Property owned by private individuals or corporations.
Property owned by North Coventry Township or public school districts.
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.
That portion of a highway less the roadway and any shoulder.
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.
That portion of a highway on either side of the roadway which is
normally snowplowed for the safety and convenience of vehicular traffic.
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.
A.
The Supervisors, any police officer or ordinance or law enforcement officer may authorize the use of such vehicles described in § 347-3 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.
B.
A person may operate such vehicles described in § 347-3 on a highway for a special event of limited duration, conducted according to a prearranged schedule, if he or she first obtain a permit from the Township Board which shall only be granted if said Board 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.
C.
A person may operate such vehicles described in § 347-3 of this chapter if said vehicle is equipped with a muffler in good working order and in constant operation from which noise emission at 50 feet at right angles from the vehicle path under full throttle does not exceed 86 DBA (decibels on the "A" scale) on a sound meter having characteristics defined by American Standards Association SI, 4-1966 General Purpose Sound Meter.
D.
A person may operate such vehicles described in § 347-3 of this chapter in any area during an emergency for lawful enforcement purpose, to go to and form a permanent residence otherwise inaccessible by conventional wheeled vehicle or for the conduct of necessary work functions involving land and timber survey, communication and transmission line patrol and timber harvest operations, or on the operator's own property under his control or as an invited guest of an owner or person in control of said property.
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.
