[HISTORY: Adopted by the Board of Supervisors
of the Township of East Brandywine 6-17-2009 by Ord. No. 05-2009. Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 245.
The following words and phrases shall have the meanings as set
forth hereinafter when used in this chapter:
Any motorized vehicle or like machine designed to be or operated
for the purpose of conveying persons other than on the public highways
within the Township, including, but not limited to, motorcycles, minibikes,
snowmobiles, all-terrain vehicles of any type, whether registered
for operation on the public highways or not.
Spouse, parents and grandparents, children and grandchildren,
brothers and sisters, mother-in-law and father-in-law, brothers-in-law
and sisters-in-law, daughters-in-law and sons-in-law. Adopted and
step members are also included in immediate family.
Any duly sworn police officer having jurisdiction within
East Brandywine Township.
Real property and improvements thereon situate in the Township,
except public property as defined herein.
Real property and improvements thereon situate in the Township
owned by or dedicated to the use of the Township or other governmental
entity, excepting public roads and highways.
ATVs and their operators shall comply with the requirements, including but not limited to age-related restrictions of Title 75 of the Pennsylvania Consolidated Statutes, Chapter 77, entitled "Snowmobiles and All-Terrain Vehicles." Any ATV must be equipped with a muffler system in good working order. The sound intensity produced may not exceed 96 decibels when measured at 20 inches of the outlet of tailpipe.
It shall be illegal for any person to operate an ATV on public
or private property, except on property owned by the operator or the
operator's immediate family, or unless the operator shall have
the express written permission of the owner of such property. Such
written permission shall be available to be displayed to any police
officer requesting the same.
A.
It shall be illegal for any person to operate an ATV within 25 feet
of any property line or environmentally sensitive areas of any public
or private property. Environmentally sensitive areas include, but
are not limited to:
B.
The operator of any ATV and/or the property owner who granted permission
shall be responsible to make or have completed any necessary repairs
or remediation resulting from the illegal operation of an ATV in an
environmentally sensitive area.
It shall be unlawful and a violation of this chapter to operate
any all-terrain vehicle in a manner, at such locations, or at such
times of the day so as to cause unreasonable annoyance or disturbance
of the peace of the public. ATV operation on Sundays shall be limited
to the hours of 12:00 noon until 4:00 p.m. ATV operation at any one
location (within 1,000 feet of point of origin) shall be limited to
no more than three cumulative hours in any eight-hour period on any
given day. This limitation shall apply to one or multiple bikes. Therefore,
it is up to each of the participants who are riding to determine start
and end time of the use in order to be in compliance with the three-hour
rule.
It shall be unlawful and a violation of this chapter to operate
any all-terrain vehicle on the following legal holidays: Easter, Memorial
Day, July fourth, Labor Day, and Thanksgiving Day.
At no time shall any ATV be operated before 9:00 a.m. or after sunset except as provided in § 241-9. The maximum number of ATVs permitted to be operated on a parcel of property shall be limited to one per gross acre, up to a maximum of five ATVs on any property, regardless of the size of the property or combined properties. On properties of less than one acre, the limit shall be no more than one ATV operated on the property.
Any person violating the provisions of this chapter shall be
subject to prosecution by suit or summary proceeding brought before
a Magisterial District Judge having jurisdiction and shall, upon conviction,
be subject to the penalties and fines as authorized by the Second
Class Township Code for each such violation. Such fine and penalty
shall be not less than $100 nor more than $1,000. In default of the
payment of such fine, penalty and cost as assessed, any person found
guilty of the violation of this chapter may be sentenced to imprisonment
in the Chester County Prison not exceeding the period of 30 days.
ATVs, while engaged in snow removal, emergency repairs or services,
farm or agricultural uses, or for emergency services purposes, shall
be expressly exempt from these provisions.
In addition to any proceedings under § 241-8 above, the provisions of this chapter may be enforced by appropriate civil proceedings, including an action or actions in equity before the Court of Common Pleas of Chester County.
In addition to any actions brought under § 241-8 above, in the event a person is operating an ATV in violation of this chapter on the street or on private property without the owner's consent, a police officer may impound any all-terrain vehicle operated by such person. Any such vehicle so taken into custody may be redeemed by the owner or person authorized by the owner by the payment of all costs of towing and storage applicable to such vehicle.
