[HISTORY: Adopted by the Board of Supervisors of the Township
of Warrington 8-11-2009 by Ord.
No. 2009-O-09 (Ch. 6, Part 4, of the 1995 Code of
Ordinances). Amendments noted where applicable.]
The provisions of this chapter are designed to secure, promote
and protect the public health, comfort, convenience, safety, welfare,
peace and quiet of the residents of Warrington Township by regulating
the use of motorized dirt bikes and all-terrain vehicles within the
Township and in order to alleviate problems, such as but not limited
to loud, unnecessary and unusual noises within the Township, damage
and destruction of personal property, unauthorized use of private
lands, disturbances through the creation of unnecessary dust and debris,
and other inconveniences caused by said motorized dirt bikes and all-terrain
vehicles to the residents of Warrington Township.
As used in this chapter, the following terms shall have the
meanings indicated:
A motorized flotation-tired vehicle of not less than three
low-pressure tires, but not more than six tires, that is limited in
engine displacement of less than 800 cubic centimeters and total dry
weight less than 600 pounds. Motorized go-carts are included.
Trails or area on a lot used by a motorized dirt bike and/or
ATV.
A lot in the Township of Warrington which is part of an approved
subdivision, the plan or map of which has been recorded with the Bucks
County Recorder of Deeds, or a lawful lot described by metes and bounds,
the deed of which has been recorded with the Bucks County Recorder
of Deeds, or one for which the Township has granted a waiver from
platting.
A two-wheeled vehicle being capable of cross-country travel
on natural terrain without benefit of a road or trail.
Warrington Township.
A.
The use of motorized dirt bike(s) and/or ATV(s) is not allowed on
lots of less than two acres in size.
B.
The riding area for a motorized dirt bike(s) and/or ATV(s) is to
be located no closer than 150 feet from a lot line or 100 feet if
a six-foot-high, board-type fence has been constructed along the lot
line by the lot owner.
C.
Dust and noise control measures are to be maintained by the lot owner.
These dust and noise control measures are to be enforced by the Township
if lot owners of lots that are adversely affected by dust and noise
due to motorized dirt bike(s) and/or ATV(s) use file a written complaint
with the Township.
(1)
Dust-control measures shall include but are not limited to the planting
of twelve-foot-high coniferous trees planted 10 feet on center or
the construction of a six-foot-minimum board-style fence.
(2)
A motorized dirt bike(s) and/or ATV(s) must have a federally approved
spark arrestor, the noise emission may not exceed 99 decibels at a
distance of 20 inches at idle, and mufflers may not be altered to
increase motor noise or have a cutout bypass or similar device.
D.
No more than two riders that are unrelated to the immediate household
members that reside in the dwelling on the lot may operate a motorized
dirt bike(s) and/or ATV(s) on the lot.
E.
Motorized dirt bike(s) and/or ATV(s) may only be operated on the
lot during the following times: Monday through Friday, 12:00 noon
through 6:00 p.m.; Saturdays, 10:00 a.m. through 6:00 p.m.; and Sundays,
12:00 noon through 5:00 p.m. Operation of a motorized dirt bike(s)
and/or ATV(s) may be continuous for two hours. After two hours, there
should be no riding on the lot for one hour.
G.
Any unvegetated riding area must be watered down before, during,
and after usage as needed to limit dust.
H.
A motorized dirt bike(s) and/or ATV(s) shall not be operated in such
a manner as to damage or destroy any real or personal property of
another. In addition to any other penalties for the violation of this
chapter, a violator of this section shall be liable to make restitution
for any damage caused to private or public property.
I.
Motorized dirt bike(s) and/or ATV(s) shall not be operated on any
sidewalk or within the right-of-way of any public or private street
being maintained or used as a thoroughfare for legally licensed vehicular
traffic unless the operator has a valid operator's license and
the motorized vehicle or ATV is properly registered and licensed with
the Commonwealth of Pennsylvania as a motor vehicle. All provisions
of the Vehicle Code and Township ordinances regulating equipment and
operation shall apply to such use. All other regulations under the
Motor Vehicle Code shall apply.[1]
[1]
Editor's Note: See 75 Pa.C.S.A. § 101 et seq.
The following uses are exempt from this chapter:
The police and/or code enforcement officers of Warrington Township
are charged with enforcement of the provisions of this chapter and
any rules and regulations promulgated by Warrington Township.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates or permits a violation of this chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township before a Magisterial District Judge, pay a fine of not more than $600, plus all court costs, including reasonable attorneys' fees, incurred by the Township in the enforcement of this chapter. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense. Further, the appropriate officers or agents of the Township are hereby authorized to seek equitable relief, including injunction, to enforce compliance herewith. This chapter may be enforced initially by violation ticket (citation); see Chapter 38, Ordinance Enforcement Procedures, Article II, Tickets for Certain Offenses.
