[HISTORY: Adopted by the Board of Supervisors of the Township of
Raccoon 10-8-1996 by Ord. No. 96-4. Amendments
noted where applicable.]
The following words and phrases when used in this chapter shall have
the meanings given to them in this section unless the context clearly indicates
otherwise:
A vehicle designed or adapted and determined by the Pennsylvania
Department of Transportation to be used exclusively for agricultural operations
and infrequently operated or moved upon highways.
Any automobile, truck, motorcycle, motorbike, motor scooter, all-terrain
vehicle, snowmobile, go-cart, or recreational vehicle, whether or not registered
or required to be registered by the Pennsylvania Motor Vehicle Code or any
other law or statute of the Commonwealth of Pennsylvania or administrative
agency thereof, or whether or not titled or required to be titled by the Pennsylvania
Motor Vehicle Code or any other law or statute of the Commonwealth of Pennsylvania
or any administrative agency regulation thereof.
Any person who has obtained the written permission from any owner
or lessee of property, including the Township of Raccoon, as required by this
chapter, and any other person in his or her company.
Real estate or real property situate within the Township of Raccoon
owned by any person, firm, or corporation other than the Township.
Real estate or real property situate within the Township of Raccoon
including that of the Township.
The Township of Raccoon.
Any automobile, truck, motorcycle, motorbike, motor scooter, all-terrain
vehicle, snowmobile, go-cart, or recreational vehicle, whether or not registered
or required to be registered by the Pennsylvania Motor Vehicle Code or any
other law or statute of the Commonwealth of Pennsylvania or administrative
agency thereof, or whether or not titled or required to be titled by the Pennsylvania
Motor Vehicle Code or any other law or statute of the Commonwealth of Pennsylvania
or any administrative agency regulation thereof.
Prior to operating any vehicle on any private property, the operator
must request and receive the written permission of the all owners or lessees
of such property.
Prior to operating any vehicle on property owned by the Township of
Raccoon, the operator must request and receive the written permission of a
majority of the Township Supervisors.
A.
No person may operate any vehicle upon any property without
having obtained the written permission of the owner or owners thereof, or
if leased property, without having obtained the written permission of the
lessee or lessees thereof.
B.
No person may operate any vehicle upon any property owned
by Raccoon Township without having obtained the written permission of the
proper Township officials.
C.
No person may operate any vehicle upon any property without
having on his/her/their person the written permission of the owner or owners
thereof, or if leased property, without having on his/her/their person the
written permission of the lessee or lessees thereof.
D.
No person may operate any vehicle upon any property owned
by Raccoon Township without having on his/her/their person the written permission
of the proper Township officials.
Any written permission required to be given and secured in accordance
with this chapter may be revoked at the will of any one owner of private property,
and by a majority of Township supervisors respecting Township property. Such
revocation need not be in writing but must be communicated to, or attempted
to be communicated to, a permittee. In the case of the Township of Raccoon,
such communication of the revocation may be accomplished by any Raccoon Township
police officer upon direction of the Township Supervisors. In the event written
permission is revoked by any owner, lessee, or the Township of Raccoon, no
permittee or other person shall continue to operate any vehicle upon the property
that is the subject of the revocation, nor remain upon the property that is
the subject of the revocation.
No vehicle subject to this chapter shall be operated by any person:
A.
Unless the muffler is in good working order and repair;
and/or
B.
In such a manner that is reckless; and/or
C.
So as to cause damage to any property; and/or
D.
So as to create or cause a nuisance; and/or
E.
So as to create or cause a hazard, to persons or property;
and/or
F.
At a speed greater than is reasonable, having due regard
for conditions then and there existing; and/or
G.
While such person is under the influence of alcohol,
any drug or controlled substance, or the combined influence of alcohol, any
drug and/or controlled substance.
The Supervisors may, by resolution, establish trails or other places
permitting the operation of vehicles on property owned by Raccoon Township.
Such resolutions may limit the operation of vehicles to such days of the week,
hours of the day, or under such other conditions as the Supervisors see fit.
Such resolutions may also limit the number of vehicles to be operated at any
given time or attach any other conditions to the operation of such vehicles
as the Supervisors see fit.
Regardless of compliance with the foregoing sections of this chapter,
no person or permittee may operate any vehicle upon any portion of private
property, or upon any portion of property that is owned by the Township of
Raccoon, that is located within 300 feet of a residential dwelling at a speed
greater than the minimum speed required to maintain forward movement of such
vehicle. The aforesaid 300-foot restriction shall not apply to a residential
dwelling that is owned by a person who has given his or her permission to
operate a motor vehicle under the provisions of this chapter or is the owner
of such residential dwelling.
This chapter shall not apply to any "implement of husbandry."
A.
The Raccoon Township Police Department shall be responsible
for the enforcement this chapter and any Raccoon Township police officer is
authorized to commence civil enforcement proceedings in the name of the Township
in order to assess civil liability. Any judgment entered against any person
found to be liable for violation of this chapter shall be in favor of Raccoon
Township and may be enforced pursuant to the applicable Pennsylvania Rules
of Civil Procedure, and Raccoon Township shall be entitled to be reimbursed
all court costs and its reasonable attorney fees incurred to enforce and collect
any such judgment as a part of such judgment.
B.
Any person who is found to have violated any provision
of this chapter in any civil enforcement proceeding commenced to enforce this
chapter shall be subject to pay all court costs, reasonable attorney fees
incurred by Raccoon Township, and a fine as follows:
(1)
First violation: $200.
(2)
Second violation: $400.
(3)
Third and subsequent violations: $600; and
(4)
Where the private property has been posted with "No Trespassing"
signs, or the property is owned by Raccoon Township and either posted with
"No Trespassing" signs or a warning concerning this chapter has been placed
on the Township property: $600.
C.
Any person against whom civil enforcement proceedings
have been commenced and who admits violation of this chapter, and the violation
is a first violation subject to a fine of $200, shall be entitled to have
the fine reduced to $100.
