[HISTORY: Adopted by the Board of Supervisors of the Township of West Goshen 10-11-2017 by Ord. No. 9-2017. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- ALL-TERRAIN VEHICLE (ATV)
- Any motorized off-road recreational vehicle capable of cross-country travel on land, snow, ice, marsh, swampland or other natural terrain, including, but not limited to, a multitrack, multiwheel or low-pressure-tire vehicle or related two-wheel, three-wheel, four-wheel or belt-driven vehicle, or an amphibious machine. The definition of ATV excludes golf carts, construction machines, utility vehicles used for business operations, agriculture, yard work, landscaping, snow removal or otherwise being used in the reasonable maintenance of a person's private property, or motorized vehicles being used for law enforcement, fire, emergency, military or other authorized governmental purposes.
- DIRT BIKE
- A motorcycle with tires and suspension designed and built for riding on unpaved roads and over rough terrain.
- To use in any manner within the boundaries of West Goshen Township, Chester County, Pennsylvania.
- Any person who has legal or equitable title to the property on which an ATV or dirt bike is being operated.
Access limitation. No person shall go on or cross the land of another with an ATV or dirt bike without the permission of the owner. No person shall operate an ATV or dirt bike on state or Township roads unless properly registered and licensed for such purpose.
Acreage requirements. A person operating an ATV or dirt bike on private property shall only be permitted to do so upon a lot that is one acre or more in size in order to provide for adequate buffering from adjacent properties and off-site residential dwellings.
Noise limitation. No person shall operate an ATV or dirt bike without an effective and suitable muffling device on its engine which efficiently deadens or muffles the noise of the exhaust. Operation of an ATV or dirt bike shall be subject to and compliant with the noise limitations, restrictions and requirements set forth in Chapter 52A, Noise.
A violation of this chapter shall be deemed a public nuisance and shall subject the owner of the property and any person operating an ATV or dirt bike in violation of this chapter to summary enforcement proceedings.
The West Goshen Township Police Department and/or an authorized West Goshen Township Code Official, and such persons as may from time to time be designated by the Township, are authorized to make an initial determination of a violation of, and to enforce, the provisions of this chapter. An initial determination of a violation of this chapter - a first offense - shall result in a verbal warning to the owner, and the operator, of the ATV or dirt bike.
A second or subsequent violation of this chapter shall be subject to summary enforcement proceedings and upon being found guilty thereof shall subject the violator to a fine of $300 for a second offense (following a verbal warning) and $600 for a third 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 section of this chapter that is found to be violated shall be considered a separate violation.
All offenders convicted of violating this ordinance shall also pay the costs of prosecution and in default of said payment of fines and costs.
Any person guilty of a violation of the within chapter 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.
Both criminal and civil proceedings may be commenced against a 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.