[HISTORY: Adopted by the Borough Council of the Borough of Mount Pocono 9-2-2008 by Ord. No. 5-2008. Amendments noted where applicable.]
The Borough Council finds that:
A. 
The operation of all-terrain vehicles (ATVs) on public and quasi-public streets and grounds and on properties of insufficient size, or other improper operation of ATVs, constitutes a hazard to the public health, safety and welfare. The Borough specifically finds that such use of ATVs creates:
(1) 
A distraction and safety hazard for the motorists legally using public streets;
(2) 
An injury hazard for Borough residents and the general public using public and quasi-public grounds;
(3) 
An injury hazard for the operators of the ATVs; and
(4) 
A public nuisance which restricts the use and enjoyment of adjoining properties.
B. 
The Borough further finds that such operation of ATVs should be regulated by the Borough in order to protect the health, safety and welfare of the citizens of the Borough and the public.
For the purposes of this chapter, the following terms shall have the stated meaning:
ALL-TERRAIN VEHICLE (ATV)
Any vehicle designed for, or otherwise used for, riding cross-country or over unpaved ground or snow, including, but not limited to, three-wheelers, four-wheelers, go-carts, dirt bikes and snowmobiles.
PUBLIC NUISANCE
Any unreasonable, unwarrantable or unlawful course of conduct or use of private or public property which causes or may cause injury, damage, hurt, inconvenience, annoyance, interference, or discomfort to others in the legitimate use and enjoyment of their rights of person or property.
The use of any ATV shall be prohibited on any of the following:
A. 
Public streets, including the full width of the right-of-way.
B. 
Property owned or leased by any local, county, state, or federal government or agency, municipal authority or school district.
C. 
Railroad or utility property or rights-of-way.
D. 
Parcels of land less than three acres in size.
E. 
Parcels of land three or more acres in size if such use constitutes a public nuisance as defined in § 201-2.
The restrictions in § 201-3 shall not apply to:
A. 
Emergency driving situations requiring the use of an ATV.
B. 
The use of an ATV in a work capacity such as snow removal, hauling wood, yard maintenance, or similar activities.
C. 
Any motorized vehicle designed and used solely for transporting handicapped persons.
Any violation of this Chapter 201 shall constitute a summary offense. Violators shall be subject to a summary violation, imposing a monetary fine up to the maximum permitted by law.