[HISTORY: Adopted by the Borough Council of the Borough of New Eagle 10-4-2016. Amendments noted where applicable.]
Vehicles and traffic — See Ch. 290.
As used in this chapter, the following terms shall have the meanings indicated:
- Any act or process which results in the starting of the motor of any mechanical device mentioned herein.
- Any building which is wholly or partly used or intended to be used for living or sleeping by human occupants.
- The act of controlling or using any of the mechanical devices mentioned herein.
It shall be unlawful for any person to operate and/or ride a motorbike, minibike, trail bike, all-terrain vehicle - including quads, snowmobile or other similar mechanical device within 400 yards of any residence located within the Borough of New Eagle.
This chapter shall not prohibit the lawful travel by any properly registered and inspected vehicle upon the public streets of the Borough of New Eagle.
This chapter specifically excludes:
The operation and/or riding of motorbikes, trail bikes, all-terrain vehicles - including quads, snowmobiles, motorcycles and other similar mechanical devices when being performed in order to repair the same.
Construction and industrial machinery, such as crawler tractors, rotary drills and augers, loaders, power shovels, cranes, derricks, motor graders, paving machines, off-highway trucks, ditchers, trenchers, compactors, scrapers, pavement breakers, compressors, chain saws, log chippers, agricultural tractors and equipment, and powered equipment intended for use in residential areas, such as lawn mowers, small lawn tractors and snow removal equipment, when used for its intended use.
Any person who shall violate any of the provisions of this chapter shall, upon conviction in a summary proceeding under the Pennsylvania Rules of Criminal Procedure, be punishable by a fine of not more than $1,000 plus court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. Upon judgment against any person by summary conviction, or by proceedings by summons on default of the payment of the fine or penalty imposed and the costs, the defendant may be sentenced and committed to the county correctional facility for a period not exceeding 30 days. Each day that such violation exists shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense.