[HISTORY: Adopted by the Mayor and Council of the Borough
of Port Allegany as indicated in article histories. Amendments noted
where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 94.
[Adopted 3-7-2016 by Ord.
No. 455; amended in its entirety 7-1-2019 by Ord. No. 480]
I All-terrain Vehicles (Class I ATV's)'s) - A motorized off-highway vehicle which travels on three or more off-highway tires and which has a maximum width of 50 inches and a maximum dry weight of 1,200 pounds.
II All-terrain Vehicles (Class II ATVs)Vs) - A motorized off-highway vehicle which travels on three or more off-highway tires and which has a width which exceeds 50 inches or a dry weight which exceeds 1,200 pounds.
This term does not include snowmobiles, trail bikes, motorboats,
golf carts, aircraft, dune buggies, automobiles, construction machines,
trucks, or home utility machines, military, fire, emergency and law
enforcement vehicles; implements of husbandry; multipurpose agricultural
vehicles; vehicles used by the Department, or any vehicle that is
or is required to be registered under Chapter 13 (relating to the
registration of vehicles).
The Department of Conservation and Natural Resources of the
Commonwealth (DCNR).
A major lighting device to provide general illumination ahead
of a vehicle.
The entire width between the boundary lines of every way
publicly maintained when any part thereof is open to the use of the
public for purposes of vehicular traffic.
Any person who operates or is in actual physical control
of a snowmobile or all-terrain vehicle (ATV) described in this article.
Highway, other than an alley within the corporate limits
of a political subdivision, and under the jurisdiction of the political
subdivision.
A device used to designate the rear of a vehicle by a warning
light.
A motor vehicle having a seat or saddle for the use of the
rider and designed to travel on not more than two wheels, which is
not registered and legal for operation on a state or federal highway.
A.
Port Allegany Borough has designated all Borough streets as shared
use snowmobile and all-terrain vehicle (ATV) roads. As shared use
roads, all roads in the Borough will be open for both vehicular and
snowmobile or all-terrain vehicle (ATV) traffic. Persons shall operate
a snowmobile or all-terrain vehicle (ATV) to the far right side, shoulder,
or inner slope of the ditch in the same direction as traffic, on Borough
roads that are plowed, maintained, and named. Snowmobiles and all-terrain
vehicles may not exceed 10 miles per hour while operating on any Borough
road, and must be operated with their headlamps and tail lamps on
while moving. Snowmobiles and all-terrain vehicles (ATVs) may not
be operated in a careless, reckless, or heedless manner, which endangers
other persons or their property.
B.
Borough roads designated as snowmobile and all-terrain vehicle (ATV)
roads shall be used only for the purpose of entering the Borough to
access services (food, gas, supplies, etc.), for the purpose of leaving
the Borough to gain access to snowmobile and/or all-terrain vehicle
(ATV) roads and trails outside of the Borough limits, for snowplowing
or other property maintenance tasks, and for no other purpose.
C.
State-owned infrastructure and state highways are not included in
this designation, such as the Mill Street Bridge over Lillibridge
Creek and Route 6, also known as Main Street. These areas fall under
the jurisdiction of the Pennsylvania Department of Transportation.
When making a direct crossing of streets or roadways, the operator
must:
A.
Bring the ATV or snowmobile to a complete stop before crossing.
B.
Yield to all on-coming traffic.
C.
Have both headlamp and tail lamp on when crossing.
D.
Cross at a 90° angle with respect to the street or highway.
E.
Only cross at a place where no obstruction prevents a quick and safe
crossing.
F.
Comply with any and all applicable Pennsylvania laws.
No person shall operate a snowmobile or all-terrain vehicle
(ATV) on any Borough-owned property, other than designated ATV and
snowmobile roadways.
A.
Owner or occupant. Only the owner or an occupant or their guests
or invitees shall be permitted to operate a snowmobile or all-terrain
vehicle (ATV) on private property.
B.
Access limitations. No person shall go on or cross the land of another
to operate a snowmobile or all-terrain vehicle without the written
permission of the landowner. Written permission shall be carried on
the person of the operator.
C.
Dust and debris limitation. No person shall operate a snowmobile
or all-terrain vehicle (ATV) in any manner which creates dust or debris
which crosses onto adjoining or adjacent property. Visible dust, mud
or debris shall not leave the property boundaries of the parcel where
vehicles governed by this article are operated.
D.
Time limitation. Operation of snowmobiles and/or all-terrain vehicles
(ATVs) on private property will be limited to a one-hour session with
a minimum of three hours' rest before the next operation of the vehicle.
The rest period must be provided to prohibit disturbance of the peace
within the Borough. Operation within the prohibited time period, or
not complying with time limitations, shall be considered a disturbance
of the peace within the Borough.
It shall be unlawful for any person, corporation, partnership
or any other entity to operate a snowmobile or all-terrain vehicle
(ATV) for recreational purposes between the hours of 9:00 p.m. and
7:00 a.m. prevailing time.
No person shall operate a snowmobile or all-terrain vehicle
(ATV) without an effective and suitable muffling device on its engine
which efficiently deadens or muffles the noise of the exhaust. At
no point shall the sound intensity produced by a snowmobile or all-terrain
vehicle (ATV) exceed 99 decibels of sound when measured at 20 inches
in accordance with ANSII SAE standard J-1287.
No person shall operate a snowmobile or all-terrain vehicle
(ATV) at a speed greater than 10 miles per hour within the Borough.
Any person who operates a snowmobile or all-terrain vehicle
(ATV) within Port Allegany Borough shall do so only in full compliance
with the provisions of applicable Pennsylvania laws including but
not limited to the Pennsylvania Snowmobile and All-Terrain Vehicle
Law, 75 Pa.C.S.A. § 7701 et seq. This includes, but is not
limited to, registration, licensing, insurances, operation of vehicles,
age limitations, certification requirements, and operation under the
influence of drugs or alcohol.
All snowmobiles and all-terrain vehicles (ATVs) must be registered
with DCNR and properly insured. The registration plate with expiration
sticker must be affixed to the snowmobile and/or all-terrain vehicle
(ATV) and visible. A valid insurance card or other proof of insurance
must be on the person of the operator while the vehicle is being utilized.
The designation of streets and highways within the Borough as
shared use snowmobile and all-terrain vehicle (ATV) roads does not
impose liability on the Borough for any property damage or personal
injuries that may result from the traveling of snowmobiles and/or
all-terrain vehicles (ATVs) on said roads.
The Port Allegany Borough Council reserves the right to revoke
the designation as a shared use snowmobile and all-terrain vehicle
(ATV) road and/or close any and all designated shared use snowmobile
and all-terrain vehicle (ATV) roads at any time, at their discretion,
by subsequent resolution.
A.
Violations a public nuisance; persons liable. A violation of this
article shall be deemed a public nuisance, and shall subject any person
operating a snowmobile and/or all terrain vehicle (ATV) or property
owner in violation of this article to summary enforcement proceedings.
B.
Enforcement; first offense. The Port Allegany Borough Police Department,
the Pennsylvania State Police, and such persons as may from time to
time be designated by the Borough are authorized to make an initial
determination of a violation of, and to enforce, the provisions of
this article. An initial determination of a violation of this article
shall result in a written warning to the operator of the snowmobile
or the occupant or property owner.
C.
Penalties. A second or subsequent violation of this article shall
be subject to summary enforcement proceedings and upon being found
guilty thereof shall subject the violator to a fine of no less than
$100 nor more than $600 for a second offense (following written warning)
and no less than $200 nor more than $1,000 for a third or subsequent
offense. Upon default in payment of a fine and upon a guilty finding
of a third or subsequent offense the violator may be subject to a
term of imprisonment up to the maximum allowed by law for a summary
offense. Each day that a violation continues or each article or section
of this article that is found to be violated shall be considered a
separate violation.
D.
All offenders convicted of violating this article shall pay the costs
of prosecution of the offense. All offenders in default of the payment
of the fine and costs shall be imprisoned for a term not to exceed
30 days.
E.
Any person guilty of a violation of this article may also be subject
to civil proceedings for damages and/or injunctive relief by the property
owner and any entity injured or damaged by such violation.
F.
Both criminal and civil proceedings may be commenced against a person
violating this article and commencement of any such proceedings shall
not constitute an election of remedies preventing the commencement
of the other proceedings against such violator.
[Adopted 2-3-2020 by Ord. No. 483]
As used in this article, the following terms shall have the
meanings indicated:
A self-propelled motor vehicle designed and manufactured
for the transportation of persons or equipment for sporting, maintenance
or recreational purposes that is not capable of exceeding a speed
of 20 miles per hour. This definition does not include all-terrain
vehicles (ATVs), utility task vehicles (UTVs), low-speed vehicles
(LSVs), farm equipment, off-road motor vehicles, snowmobiles, trail
bikes, motorboats, dune buggies, automobiles, construction machines,
trucks, or emergency response vehicles; or any vehicle that is required
to be registered under Chapter 13 (relating to the registration of
vehicles)[1].
The entire width between the boundary lines of every way
publicly maintained when any part thereof is open to the use of the
public for purposes of vehicular traffic.
Any person who operates or is in actual physical control
of a golf cart as described in this article.
A highway, other than an alley, within the corporate limits
of a political subdivision and under the jurisdiction of the political
subdivision.
[1]
Editor's Note: See 75 Pa.C.S.A. § 1301 et seq.
A.
Port Allegany Borough has designated all Borough streets as shared
use golf cart roads. As shared use roads, all roads in the Borough
will be open for both vehicular and golf cart traffic. Persons shall
operate golf carts to the far right side, shoulder, or inner slope
of the ditch in the same direction as traffic on Borough roads that
are plowed, maintained, and named. Golf carts may not be operated
in a careless, reckless, or heedless manner, which endangers other
persons or their property.
B.
A person shall not operate a golf cart upon a street or roadway in
which the speed limit of said street exceeds 30 miles per hour.
C.
Golf carts shall not be operated on a sidewalk constructed for use
of pedestrians.
D.
A golf cart shall not be operated during periods of inclement weather
or impaired visibility.
E.
No person under the age of 16 years old and without a valid Pennsylvania
driver's license shall operate a golf cart.
F.
State-owned infrastructure and state highways are not included in
this designation, such as the Mill Street Bridge over Lillibridge
Creek and Route 6, also known as "Main Street." These areas fall under
the jurisdiction of the Pennsylvania Department of Transportation.
When making a direct crossing of streets or roadways, the operator
must:
A.
Bring the golf cart to a complete stop before crossing.
B.
Yield to all oncoming traffic.
C.
Cross at a ninety-degree angle with respect to the street or highway.
D.
Only cross at a place where no obstruction prevents a quick and safe
crossing.
E.
Comply with any and all applicable Pennsylvania laws.
No person shall operate a golf cart on any Borough-owned property.
A golf cart shall not be operated earlier than 30 minutes after
sunrise or later than 30 minutes before sunset.
No person shall operate a golf cart at a speed greater than
10 miles per hour within the Borough.
Any person who operates a golf cart within Port Allegany Borough
shall do so only in full compliance with the provisions of applicable
Pennsylvania laws.
The designation of streets and highways within the Borough as
shared use golf cart roads does not impose liability on the Borough
for any property damage or personal injuries that may result from
the traveling of golf carts on said roads.
The Port Allegany Borough Council reserves the right to revoke
the designation as a shared use golf cart road and/or close any and
all designated shared use golf cart roads at any time, at their discretion,
by subsequent resolution.
A.
Violations a public nuisance; persons liable. A violation of this
article shall be deemed a public nuisance, and shall subject any person
operating a golf cart in violation of this article to summary enforcement
proceedings.
B.
Enforcement; first offense. The Port Allegany Borough Police Department,
the PA State Police, and such persons as may from time to time be
designated by the Borough are authorized to make an initial determination
of a violation of, and to enforce, the provisions of this article.
An initial determination of a violation of this article shall result
in a written warning to the operator of the golf cart.
C.
Penalties. A second or subsequent violation of this article shall
be subject to summary enforcement proceedings and, upon being found
guilty thereof, shall subject the violator to a fine of no less than
$100 nor more than $600 for a second offense (following written warning)
and no less than $200 nor more than $1,000 for a third or subsequent
offense. Upon default in payment of a fine and upon a guilty finding
of a third or subsequent offense, the violator may be subject to a
term of imprisonment up to the maximum allowed by law for a summary
offense. Each day that a violation continues or each article or section
of this article that is found to be violated shall be considered a
separate violation.
D.
All offenders convicted of violating this article shall pay the costs
of prosecution of the offense. All offenders in default of the payment
of the fine and costs shall be imprisoned for a term not to exceed
30 days.
E.
Any person guilty of a violation of this article may also be subject
to civil proceedings for damages and/or injunctive relief by the property
owner and any entity injured or damaged by such violation.
F.
Both criminal and civil proceedings may be commenced against a person
violating this article and commencement of any such proceedings shall
not constitute an election of remedies preventing the commencement
of the other proceedings against such violator.
