[HISTORY: Adopted by the Township Council of the Township
of Hampton 3-25-2015 by Ord. No.
774. Amendments noted where applicable.]
Residential land development has increasingly reduced the amount
of open space within the municipal boundaries of the Township of Hampton.
The purpose of this chapter is to regulate the use of ORMDVs to ensure
that responsible recreational use of these vehicles is compatible
with developed residential properties within the municipal boundaries
and to promote the health and safety of the operators and the general
public by requiring adherence to appropriate rules and regulations
designed to ensure the safe operation of ORMDVs.
As used in this chapter, the following terms shall have the
meanings indicated:
Any two-, three- or four-wheeled bicycle, vehicle or conveyance,
registered or unregistered, that is motor-propelled or contains a
motor to assist the operation of said vehicle and which vehicles are
commonly referred to as dirt bikes, scooters, minibikes, go-carts,
all-terrain vehicles (ATVs), utility vehicles (UTVs), snowmobiles,
dune buggies and trail bikes, which vehicles by their nature and design
are not intended to be used and operated along paved roads and highways
but are intended rather to be operated in dirt, sand, up and down
hills, along trails and in similar type areas for recreational use.
A way or place in private ownership for the use and enjoyment
of the owner and those having express or implied permission from the
owner, but not by other persons.
Lands and buildings owned or leased by the Township of Hampton,
the County of Allegheny, the Commonwealth of Pennsylvania or any other
equivalent public body. Public property shall also include any parks,
ballparks, recreation areas, lake areas, Township-owned streets, easements
and sidewalks or areas dedicated to or commonly used for vehicular
traffic or pedestrian traffic, Township storage facilities, Township
garage area, and any and all other Township-owned and publicly owned
lands and premises.
An organization that maintains the infrastructure for public
service (e.g., water lines, sewer lines, gas lines, electric lines,
etc.).
A.
Subject to the exemptions hereof, it shall be unlawful for a landowner
or lawful occupant of real property to permit anyone to operate any
type of off-road motor-driven vehicles or conveyances on a lot with
less than three acres within any zoning district.
B.
An operator of an off-road motor-driven vehicle or conveyance who
is not related by blood or marriage to the landowner or lawful occupant
of the subject real property shall be held to the same requirements
and penalties provided by this chapter as the landowner and/or lawful
occupant of the subject property.
Operation of off-road motor-driven vehicles or conveyances on
lots with three acres or greater must meet the following conditions:
A.
On the private property of another there must be the express written
permission of the owner or lawful occupant of the property. This prohibition
shall prevail whether or not the vehicle or operator is licensed or
unlicensed.
B.
The landowner/lawful occupant shall not permit anyone to operate
the aforesaid off-road motor-driven vehicles or conveyances so as
to constitute a nuisance.
C.
The landowner/lawful occupant shall not permit anyone to operate
the aforesaid off-road motor-driven vehicle or conveyance other than
during the hours of 10:00 a.m. to 6:00 p.m., any day of the week.
D.
The landowner/lawful occupant shall not permit anyone to operate
the aforesaid off-road motor-driven vehicles or conveyances in such
a manner as to raise unnecessary dust or dirt, including the suspending
of particle matter visible to the unaided or naked eye from a distance
of 250 feet from the closest residential dwelling not owned by the
landowner or the lawful occupant aforesaid.
E.
The landowner/lawful occupant may not permit anyone to operate the
off-road motor-driven vehicle or conveyance within 250 feet of a residential
dwelling not owned by the landowner or occupant.
F.
Under no circumstances shall off-road motor-driven vehicles or conveyances
be operated on any public street, public grounds, sidewalk, walkway,
bike path, or paved right-of-way, which is primarily used for pedestrian
traffic located in the Township of Hampton or upon a public utility
right-of-way or any other public property as that term is defined.
G.
The landowner/lawful occupant shall not permit anyone to operate
the aforesaid off-road motor-driven vehicles or conveyances without
having in full force and effect liability insurance coverage issued
by an insurance carrier authorized to do business in the commonwealth.
H.
The landowner/lawful occupant shall not permit anyone to operate
the aforesaid off-road motor-driven vehicles or conveyances without
a properly functioning factory installed or equivalent muffler.
I.
The landowner/lawful occupant shall limit the number of off-road
motor-driven vehicles or conveyances operating at any one time to
one per acre, but in no event more than five.
The following activities are exempt from the provisions of this
chapter:
A.
Police and emergency vehicles.
B.
Farm, lawn or property maintenance vehicles specifically being used
for farming or hunting activities, yard work, snow removal, or other
allowed property maintenance tasks, provided that such equipment must
operate only with a factory-installed or functionally equivalent muffler.
C.
Lawn mowers, tractors, lawn, garden or similar equipment for residential
use, provided that such equipment must operate only with a factory-installed
or functionally equivalent muffler.
D.
Electrical low-powered children's riding toys, accessibility
scooters and motorized wheelchairs.
E.
Legal commercial activities including utility company equipment and
construction vehicles.
F.
The limited activity of loading one of the off-road motor-driven
vehicles or conveyances for transport to an authorized location or
the maintenance on same which requires its operation as long as it
shall not be operated for more than 30 minutes in any sixty-minute
period for this purpose.
Failure of the responsible party against whom a fine has been
levied by a magisterial district justice may subject the responsible
party to reduction of the fine to a judgment, which judgment may be
executed against the responsible party's off-road motor-driven
vehicle or conveyance.
Any person, firm or corporation who shall violate any provision
of this chapter, upon conviction thereof in an action brought before
a magisterial district judge in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
shall be sentenced to pay a fine of not more than $1,000 plus costs
and, in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. Each day that a violation of this chapter continues
or each section of this chapter which shall be found to have been
violated shall constitute a separate offense.
The effective date of this chapter shall be in accordance with
applicable law.
The provisions of this chapter are severable and should any
provisions hereof be held invalid or illegal, the remaining provisions
of this chapter shall remain valid.
Any ordinance or resolution or parts thereof which are in conflict
herewith are repealed to the extent of the conflict.
