[Adopted 6-16-1988 by Ord. No. 1616]
For the purposes of this article, the following terms shall have the meanings respectively ascribed to them in this section:
ATV
A motorized off-road vehicle designated as either a "Class I" or "Class II" all-terrain vehicle by 75 Pa.C.S.A. § 7702.
EXCESSIVE NOISE or NOISE POLLUTION
A noise level which exceeds 99 dbA, or decibels when measured at 20 inches for ATV's. For all other off-road vehicles, "excessive noise" shall mean sound in excess of 82 dbA when measured in accordance with SAE Recommended Practice J 192 Exterior Sound Level for Snowmobiles, as amended.
LANDOWNER
The person, corporation, business entity or other authorized representative or lessor thereof, having legal ownership, possession, or control of private property.
LAW ENFORCEMENT OFFICER
Any police officer or auxiliary police officer, whether employed by Whitehall Township or the Commonwealth of Pennsylvania or a Code Enforcement Officer of the Township of Whitehall.
LICENSED VEHICLE
A vehicle bearing a current license issued by the Department of Motor Vehicles of Pennsylvania under the Motor Vehicle Code or a valid license from another State, which is authorized to travel on the public roads and highways of the Commonwealth.
OFF-ROAD MOTOR VEHICLES
Any self-propelled motor vehicle having two or more wheels, which is intended for or capable of use on land not containing established roadways or a paved surface. Such definition shall include, but not necessarily be limited to, those vehicles commonly referred to as: minibikes; dirt bikes; trail bikes; all-terrain vehicles (of three or more wheels); go-carts and altered unlicensed automobiles. Provided, this definition shall not apply to the following: agricultural tractors, combines or other farm vehicle; lawn mowers; motorized air compressor units used to power tools and/or construction equipment or vehicles commonly used for earth moving, grading, trenching, boring or lifting, or golf carts, military or fire vehicles or vehicles being used exclusively for emergency purposes.
OPERATOR
The person having control of the vehicle or having a grasp on the handlebars, steering wheel or operational throttle and braking devices.
PUBLIC PROPERTY
Property owned or leased by the Township of Whitehall, the County of Lehigh, the Commonwealth of Pennsylvania or the Federal government, including lands, highways, streets and alleys.
REGISTRATION DECAL
The decal required to demonstrate registration of any snowmobile or ATV as required by 75 Pa.C.S.A. § 7713.
RESIDENTIAL ZONE or AGRICULTURAL ZONE
Those zones delineated and specified as "residential" or "agricultural" by the Township of Whitehall on its Zoning Map, incorporated by reference in § 27-603 of the Township of Whitehall Code of Ordinances.
SNOWMOBILE
An engine-driven vehicle 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.
A. 
Operation on private property. No person shall operate an off-road motor vehicle on private property without the written consent of the landowner or lessor thereof. Any person operating an off-road motor vehicle upon lands of another or public property shall immediately stop and identify himself upon the request of the landowner or his duly authorized representative or any law enforcement officer upon oral demand or hand signal. If requested to do so by the landowner, such person shall promptly remove the off-road motor vehicle from the premises. In the event that such person has obtained permission from a private landowner, the person shall produce written proof of such permission to any law enforcement officer upon demand. In the absence of proof of permission to operate on private property, such person shall be rebuttably presumed to be a nuisance. Any person operating an unlicensed off-road motor vehicle on public property or roads with the engine running shall also be deemed a disorderly person, except under certain conditions set forth below relating to snowmobiles and ATV's.
B. 
Operation of snowmobiles and ATV's on public property, bridges and streets. No person shall operate a snowmobile or ATV on public property unless such property, highway, road or street has been designated as a snowmobile road, an ATV road, or both, pursuant to 75 Pa.C.S.A. § 7722, and in that event, only snowmobiles and ATV's bearing a current registration decal may be used on said public property or street.
(1) 
Excepting that: a snowmobile or ATV bearing a current registration decal may be operated on highways and streets only:
(a) 
During periods of emergency when so declared by a policy agency having jurisdiction.
(b) 
When necessary to cross a bridge or culvert.
(2) 
And further excepting that: a snowmobile or an ATV may make a direct crossing of a street or highway upon compliance with the following requirements:
(a) 
The crossing is made at an angle of approximately 90° to the direction of the highway and at a place where no obstruction prevents a quick and safe crossing.
(b) 
The snow mobile or ATV is brought to a complete stop before crossing the shoulder or main-traveled way of the highway.
(c) 
The driver yields the right-of-way to all oncoming traffic.
(d) 
In crossing a divided highway, the crossing is made only at an intersection of such highway with another public street or highway, all as set forth at 75 Pa.C.S.A. § 7721.
C. 
Operation of other off-road motor vehicles on public property, bridges and streets. With the exceptions set forth above in Subsection B relating specifically to snowmobiles and ATV's, no other unlicensed off-road vehicle may operate on any public property, bridge or street unless such are is specifically designated by the Township as an "off-road vehicle area" and posted as such.
D. 
Operation within 250 yards of dwelling house. No person shall operate an off-road motor vehicle within 250 yards of a dwelling other than his own in a residential or agricultural zone, without the written consent of the landowner(s) owning such dwelling(s), unless such vehicle is a street-legal licensed vehicle on a public road or is otherwise specifically permitted to do so by a statute of the Commonwealth of Pennsylvania.
E. 
Excessive noise and noise pollution caused by off-road motor vehicles.
(1) 
It is unlawful to operate an off-road motor vehicle which is not equipped at all times with a muffler in good working order which blends the exhaust into the overall noise of the machine and is in constant operation to prevent excessive or unusual noise. The exhaust system shall not emit or produce a sharp popping or crackling sound. The sound intensity for ATV's using measurement procedures in accordance with ANSI/SAE Recommended Practice J 1287 March 1982, Measurement of Exhaust Level of Stationary Motorcycles, shall not exceed 99 dbA, or decibels, when measured at 20 inches.
(2) 
For all other off-road motor vehicles, the sound intensity shall not exceed 82 dbA when measured in accordance with SAE Recommended Practice J 192 Exterior Sound Level for Snowmobiles, as amended.
(3) 
Any noise emitted by an off-road motor vehicle which is not within the specifications of this section shall constitute "noise pollution" and shall be deemed a nuisance, and the operator of the vehicle emitting such noise shall be irrebuttably deemed a nuisance.
Any person, firm or corporation who shall violate any provision of this article shall, upon conviction thereof, be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this article continues shall constitute a separate offense. Any act prohibited by this article which can also be prosecuted under any provision in the laws of Pennsylvania shall be considered a violation of the applicable state law and shall be prosecuted under such law and not under this article.