[Adopted 7-2-1980 by Ord. No. 859 (Ch. 16, Part 2, of the
1999 Code of Ordinances)]
As used in this article, the following terms shall have the
meanings indicated:
Every motor vehicle having a saddle for the use of the rider
and designed to travel on not more than three wheels in contact with
the ground; bicycle with motor attached; and scooter.
Any engine- or power-driven vehicle designed for off-road
or off-highway use or transportation, including multiwheeled vehicles
known as "all-terrain vehicles."
Any motor 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.
Hereafter, it shall be unlawful for any person to use, operate
or make entry of a motorcycle, snowmobile, or other recreational vehicle
in or upon any public place, park, playground, ball field, school
ground, playing field or other areas owned, operated or leased by
the Borough, whether such motorcycle, snowmobile or other recreational
vehicle be licensed or unlicensed. In this connection, a parent or
person standing in loco parentis shall be deemed to have caused or
permitted such unlawful use, operation or entry when his child, or
the child under his control, shall violate this article more than
once.
A.
It is hereby
declared that the use, operation or entry by any motorcycle, snowmobile
or recreational vehicle on private property without the express written
permission of the owner of said property is hereby declared a public
nuisance and a danger to the public health, welfare and safety.
B.
Hereafter,
it shall be unlawful for any person to use, operate or enter or to
cause or permit the use, operation, or entry of a motorcycle, snowmobile,
or any other recreational vehicle in or upon any private property
without the express written consent of the owner of said private property,
whether the aforesaid motor vehicles are licensed or unlicensed. In
this connection, a parent or person standing in loco parentis shall
be deemed to have caused or permitted such unlawful use, operation
or entry when his child, or the child under his control, shall have
violated this article more than once.
[Amended 3-16-1999 by Ord. No. 1094]
A.
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 $600, 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 constitutes
a separate offense.
B.
All fines collected from the enforcement of this article shall be
remitted to the Borough for general fund purposes.
C.
In addition to the penalty provided herein, the motorcycle, snowmobile,
or recreational vehicle of the offender may be seized and impounded
pending the hearing and payment of the fine and costs imposed at the
cost of the owner.
Nothing contained in this article shall be construed to prevent
the Borough of West Mifflin or any interested person from pursuing
his civil remedies in a court of competent jurisdiction, whether in
law or equity, to prevent damages or to recover damages caused to
public or private property. The mere fact that a person has been convicted
as violating this article and has paid the imposed fine and costs
shall not relieve that person of any civil liabilities which may be
imposed by a court of competent jurisdiction, whether in law or equity.
