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.
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.