[HISTORY: Adopted by the Board of Supervisors of the Township
of Fallowfield 5-12-2003 by Ord. No. 171. Amendments noted where
applicable.]
This chapter shall hereinafter be known and may be cited as
the "Recreational Vehicle Regulation Ordinance of Fallowfield Township."
The purpose of the within chapter is to regulate and control
the operation and use of recreational vehicles within Fallowfield
Township, for the protection of the health, safety and general welfare
of the residents, property owners, visitors, riders and others within
said Township.
The following terms when used in the within chapter shall have
the following meanings:
Any person engaged in the sale, lease or rental of all-terrain
vehicles, four-wheel-drive vehicles, motorbikes, dirt bikes, three-wheelers,
quads, off-road quads, bicycles, cars, trucks, and any other type
of recreational vehicle as described hereunder in this chapter.
The entire width between the boundary lines of every right-of-way
publicly maintained, where any part thereof is open to the use of
the public for purposes for vehicular traffic or travel.
To ride in or on and to be in actual physical control of
the operation of the recreational vehicle.
Any person who operates or is in actual physical control
of a snowmobile, or any other recreational vehicle as described herein.
Any of the following:
A person who holds the legal title to any other recreational
vehicle as described in this chapter.
A vendee or lessee of any other recreational vehicle as described
in this chapter, which is the subject of an agreement for the conditional
sale or lease thereof with the right of purchase upon performance
of the conditions stated in the agreement and with an immediate right
of possession vested in the conditional vendee or lessee.
A person renting a recreational vehicle or having the exclusive
use of a recreational vehicle at the time of the commission of any
offense as described under this chapter.
An individual, partnership, corporation, the state or any
of its agencies or subdivisions and any body of persons, whether incorporated
or not.
Property privately owned or held, which is used for farming
or private residential or other use.
Includes but is not limited to the following; all-terrain
vehicles, four-wheel-drive vehicles, motorbikes, dirt bikes, three-wheelers,
all-terrain quads, quads, bicycles, cars, trucks, and any other type
of recreational vehicle and any motor-driven vehicle designed for
travel primarily on snow or ice 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.
That portion of a highway less the roadway and any shoulder.
That portion of a highway improved, designated or ordinarily
used for vehicular travel. If a highway includes two or more separate
roadways, the term "roadway" refers to any such roadway separately,
but not to all such roadways collectively.
That portion of a highway on either side of the roadway which
is normally snowplowed for the safety and convenience of vehicular
traffic, and within which may be located municipal infrastructure.
No person shall operate, and no owner or dealer shall permit
the operation of, all-terrain vehicles, four-wheel-drive vehicles,
motorbikes, dirt bikes, three-wheelers, off-road quads, quads, bicycles,
cars, trucks and any other type of recreational vehicles, as defined
herein, and/or snowmobiles under the following conditions, circumstances,
or at the following locations:
A.
Upon a public highway, land used as farm or play areas, a public street, or on a public or private parking lot not specifically designated for the use of vehicles described in § 382-3, or any other privately held residential, commercial or other such property, except under the following special allowances, conditions and circumstances:
(1)
Special allowances.
(a)
The Supervisors, any Fallowfield Township’s designated law enforcement agency or Township official or code enforcement officer may authorize the use of such vehicles described in § 382-3 on a public highway or street when an emergency occurs when conventional motor vehicles cannot be used for transportation due to snow or other extreme highway conditions.[1]
(b)
A person may operate such vehicles described in § 382-3 on a highway for a special event of limited duration, conducted according to a prearranged schedule, if he or she first obtains a permit from the Township Board of Supervisors, which shall only be granted if said Board is of the opinion that the same can be operated in a safe, nondestructive manner and without thereby creating a nuisance or hazard to persons or property.
B.
On private property not owned, leased or under the control of the
operator unless the operator has the express consent of the owner,
lessee or other person in control of said property, except in case
of an emergency when other means of travel are not feasible or possible.
C.
On public school grounds, parks, playgrounds, recreation areas, golf
courses and other public lands (other than state-owned lands where
such operation is authorized by statute), without the express consent
of the public authority in charge of such lands or premises, except
where such operation is absolutely necessary in the event of an emergency
when other means of travel are not feasible or possible.
D.
At a speed greater than is reasonable and proper, having due regard
for conditions then existing.
E.
While under the influence of intoxicating liquor or narcotic drugs,
or other controlled substance.
F.
During the hours from 1/2 hour after sunset to 1/2 hour before sunrise
without displaying a lighted headlight and a lighted taillight.
G.
In any forest nursery, planting area, or public lands posted or reasonably
identifiable as an area of forest reproduction when growing stock
may be damaged.
H.
Unless such vehicle described in § 382-3 of this chapter is equipped with a muffler in good working order and in constant operation from which noise emission at 50 feet at right angles from the vehicle path under full throttle does not exceed 86 dBa (decibels on a "A" scale) on a sound meter having characteristics defined by American Standards Association SI 4-1966 General Purpose Sound Meter.
I.
Within 100 feet of a dwelling between 12:00 midnight and 6:00 a.m.,
at a speed greater than minimum required to maintain forward movement
of the vehicle.
J.
In or upon premises which are fenced, or otherwise enclosed in a
manner to exclude intruders, private property, not posted in a conspicuous
manner, or when noticed against trespass is personally communicated
to the operator by the owner of the premises or otherwise authorized
person, or upon private property posted in such manner as to communicate
notice to the general public that trespass is prohibited upon such
property.
K.
On or across a cemetery or burial ground.
L.
On a railroad or railroad right-of-way, except for railroad, public
utility or law enforcement personnel while in the performance of their
duties.
Fallowfield Township’s designated law enforcement agency
or Township official, or any peace officer or code enforcement officer
of the Township of Fallowfield is duly authorized to issue non-traffic
summary citations for violations of the within chapter.
A.
Any person who violates or permits a violation of this chapter shall,
upon conviction in a summary proceeding brought before a Magisterial
District Judge under the Pennsylvania Rules of Criminal Procedure,
be guilty of a summary offense and shall be punishable by a fine of
not more than $1,000, plus costs of prosecution. In default of payment
thereof, the defendant may be sentenced to imprisonment for a term
not exceeding 90 days. Each day or portion thereof that such violation
continues or is permitted to continue shall constitute a separate
offense, and each section of this chapter that is violated shall also
constitute a separate offense. [1]
B.
Any person guilty of a violation of the within chapter shall also
be subject to civil proceedings for damages or injunctive relief by
the property owner, firm, or corporation injured or damaged by such
violations, or by the Township for enforcement of the terms of this
chapter.
C.
Both criminal and civil proceedings may be commenced against the
person violating the within chapter and commencement of any such proceedings
shall not constitute an election of remedies preventing the commencement
of the other proceedings against such violator.
D.
In addition to the penalties as provided hereunder, the recreational
vehicle of any person, found in violation of the provisions of this
chapter shall be impounded for a period of 30 days for the first offense
of said violator under this chapter. Upon violation of this chapter
on the second occasion by a violator, the recreational vehicle shall
be impounded for a period of 60 days. Any third or subsequent violation
of this chapter shall result in the impounding of the violator's recreational
vehicle for a period of 90 days. In the event said violator is a minor,
the recreational vehicle of the minor shall be impounded as detailed
herein by the Township and shall be released only to a parent, guardian
or other person having legal custody of said minor. Any recreational
vehicle confiscated due to violation of the provisions of this chapter
shall only be released upon proof of complete payment of any fines
associated with the violation of this chapter, and upon proof of complete
payment of any costs incurred by the impounding of the vehicle.
