[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:
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.
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.
A.
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.
B.
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.
C.
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.
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.
B.
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.
C.
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.
D.
All offenders convicted of violating this ordinance shall also pay
the costs of prosecution and in default of said payment of fines and
costs.
E.
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.
F.
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.
