[HISTORY: Adopted by the Board of Supervisors of the Township of Raccoon 10-8-1996 by Ord. No. 96-4. Amendments noted where applicable.]
GENERAL REFERENCES
Parks and recreation — See Ch. 127.
Vehicles and traffic — See Ch. 172.
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:
IMPLEMENT OF HUSBANDRY
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.
MOTOR VEHICLE
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.
PERMITTEE
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.
PRIVATE PROPERTY
Real estate or real property situate within the Township of Raccoon owned by any person, firm, or corporation other than the Township.
PROPERTY
Real estate or real property situate within the Township of Raccoon including that of the Township.
TOWNSHIP
The Township of Raccoon.
VEHICLE
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.
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.
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.