[HISTORY: Adopted by the Board of Supervisors of the Township of Nottingham 11-1-2010 by Ord. No. 92. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
OFF-ROAD VEHICLES
Includes any motor-driven vehicle required to be licensed by the Commonwealth of Pennsylvania, commonly known as dirt bikes, trail bikes, minibikes, all-terrain vehicles (ATV), quads, trikes, snowmobiles, snow machines, dune buggies, go-carts and the like, regardless of the number of wheels or lack of wheels and which are commonly used for off-road use.
OPERATION
The use of said vehicles.
The provisions of this chapter apply to all zoning districts in Nottingham Township but excluded from its applicability is any off-road vehicle being used for emergency use, farm, home, garden, lawn, seeding, plowing, grounds and property maintenance, vehicle maintenance activities, agricultural purposes, work, hunting, fishing and trapping activities or incidental use such as bridge/culvert crossing, direct crossing of streets or highways or travel for the purpose of deliveries or visitation to properties.
A. 
No person shall operate an off-road vehicle such that the operation of said vehicle is objectionable because of the volume or frequency of the noise that occurs or is generated on a regular, frequent and/or continual basis in excess of 80 dBA as measured on a decibel or sound meter of standard quality and design operated on the A-weighing scale at any property line (and/or beyond any such property line, of the property in which the noise source is located).
B. 
No off-road vehicle as herein defined shall be operated on private property without the prior approval of the owners of the private property where such off-road vehicles operate.
C. 
No off-road vehicle shall be operated on any property owned or controlled by Nottingham Township unless such property is posted specifically to allow such operation. In no event shall such designated areas be deemed to include sidewalks, walkways, bike paths, walking trails, parks or paved right-of-ways which are otherwise primarily used for pedestrian or other vehicular traffic.
D. 
Nothing contained in this chapter shall authorize the operation of off-road vehicles on the public or private streets, roadways or highways within Nottingham Township in such instances where said off-road vehicles could not otherwise be lawfully operated pursuant to provisions of the Pennsylvania Motor Vehicle Code.[1]
[1]
Editor's Note: See 75 Pa.C.S.A. § 101 et seq.
E. 
No off-road vehicle shall be operated in such a manner that is unreasonably dangerous to the safety and well-being of any person or real or personal property in its immediate vicinity.
F. 
No off-road vehicle shall be operated within 75 feet of any property line where permission of the property owner has not been previously obtained. It shall be the responsibility of the off-road vehicle user and/or owner to identify the owner(s) of all properties from whom prior permission must be obtained, as well as adjacent property owner(s) and property lines. See Subsection B above. Where a conflict exists between the provisions of this subsection and Subsection G herein, the provisions of Subsection G prevail.
G. 
No off-road vehicle shall be operated within 250 feet of an occupied structure or residence unless the off-road vehicle user/owner owns said structure or residence or has the permission of the owner of said occupied structure or residence.
H. 
No off-road vehicle shall be operated in such a manner as to create an unreasonable amount of dust or dirt. An "unreasonable amount" of dust or dirt shall mean suspended particle matter visible to the unaided or naked eye that is conveyed onto any adjoining or adjacent property.
I. 
Hours of operation for all off-road vehicles, except as authorized in §§ 399-2 and 399-3 of this chapter, shall be as follows:
(1) 
No earlier than dawn or 7:00 a.m., whichever occurs later.
(2) 
No later than dusk or 8:00 p.m., whichever occurs earlier.
J. 
No off-road vehicles, off-road trails, tracks, ramps, raceways and/or courses shall be operated in the R-1, R-2 and R-3 Zoning Districts, except on lots of 10 acres or larger and as authorized by Subsections B, F and G of this section. The pooling of lots by landowners or lessors to meet the 10 acre requirement is permitted in the R-1 Zoning District.
K. 
All ATVs and snowmobiles are required to be registered and titled with the Pennsylvania Department of Conservation and Natural Resources as required by the Pennsylvania Motor Vehicle Code, except those used exclusively for farming or business purposes.
[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 conviction in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense.
In the event that any section, paragraph, sentence, clause, or phrase of this chapter or any part thereof shall be declared illegal, invalid or unconstitutional for any reason, the remaining provisions of this chapter shall not be affected, impaired or invalidated by such action and this chapter shall be interpreted and enforced as if this chapter had been enacted without containing such invalid material.