[HISTORY: Adopted by the Borough Council of the Borough of Larksville 10-28-1992 by Ord. No. 2-1992 (Ch. 146 of the 1987 Code). Amendments noted where applicable.]
As used in this chapter, the following definitions and rules of construction shall be observed:
- ALL-TERRAIN VEHICLE
- A multiwheeled recreational-type vehicle with a small overall size and low profile.
- Every device propelled by human power which any person may ride, having two tandem wheels either of which is more than 15 inches in diameter.
- The Borough of Larksville in the County of Luzerne and Commonwealth of Pennsylvania.
- MINIBIKE, MINICYCLE or TRAIL BIKE
- A two-wheeled recreational-type vehicle with a small overall size and low profile.
- Every motor vehicle having a saddle for the use of riders and designed to travel on not more than three wheels in contact with the ground; bicycles with motor attached; and scooters.
- PUBLIC PROPERTY
- Includes the parks and all public lands owned by the Borough and those parts of public places which do not form traveled parts of the streets, as defined in this section.
- That portion of a street between the curbline and the adjacent property line intended for the use of pedestrians, and includes footwalks and pavements.
- Every engine-driven vehicle of a type which utilizes sled-type runners or skis or an endless belt tread or any combination of these or other means of contact with the surface upon which it is operated, but not including any farm tractor, highway or other construction equipment or any military or law enforcement vehicle.
- Includes avenues, boulevards, highways, roads, alleys, lanes, viaducts, bridges and the approaches thereto and all other public thoroughfares in the Borough.
Words importing the singular number shall include the plural, and words importing the plural number shall include the singular.
A person may ride, coast or wheel a bicycle upon the sidewalks in the Borough (except that nothing herein contained shall prohibit any person from riding, coasting or wheeling a bicycle across a sidewalk in order to gain access to or egress from any property adjacent to such sidewalk), provided that due regard and care for the safety of pedestrians and other persons lawfully using such sidewalk is exhibited while riding, coasting or wheeling a bicycle.
No person shall ride, coast or wheel a bicycle upon private property within the Borough without the prior written permission of the owner or other person in control or possession thereof.
It shall be unlawful for any person to operate a bicycle upon any street in the Borough in violation of any traffic ordinances of the Borough which are applicable to motor vehicles and/or in violation of 75 Pa.C.S.A. § 3501 et seq.
Nothing in this chapter shall be construed to be an attempt to regulate the operation of any vehicle, including bicycles, by any person on property which is owned by the owner or operator of said vehicle.
It shall be unlawful for any individual to operate any type of unlicensed motor-driven vehicle or conveyance, including snowmobiles, two-wheeled vehicles known as "minibikes," trail bikes, motor scooters, four-wheel vehicles known as "go-carts" and multiwheel or three-wheel motorcycles and all-terrain-type machines or vehicles, under the following conditions:
On the private property of another without the express written permission of the owner or occupant of the property. This prohibition shall prevail whether or not the vehicle or operator is licensed or unlicensed.
On any public street or public ground located within the Borough.
So as to create loud and unnecessary or unusual noises which disturb or interfere with the peace and quiet of the residents of the Borough of Larksville.
In a careless, negligent or reckless manner so as to endanger or be likely to endanger the safety of any property or person, including the operator of said vehicle.
Within a distance of 500 feet of a residence or occupied or inhabited building or structure.
In such a manner as to raise unnecessary dust or dirt. For the purpose of this subsection, "unnecessary dust or dirt" shall mean suspended particulate matter visible to the unaided or naked eye from a distance of 50 feet.
The provisions of this chapter shall not apply to police and emergency vehicles or any other legally licensed vehicles and operation thereof done in accordance with the Pennsylvania Motor Vehicle Code of 1976, as amended, or any other applicable statute of the Commonwealth of Pennsylvania.
Editor's Note: See 75 Pa.C.S.A. § 101 et seq.
The Police Department of the Borough of Larksville or any law enforcement officer of the Borough shall be authorized to confiscate and impound any unlicensed motor-driven vehicle operated in violation of § 517-4 of this chapter. The unlicensed vehicle shall be returned to the owner thereof upon payment of any fine imposed as a result of the violation of this chapter and upon payment of any towing and storage charges incurred as a result of the impoundment. The storage charge will be a $10 daily impoundment charge, and the towing charge will be $50.
Any person who shall be convicted of violating or failing to comply with the provisions of this chapter before any Magisterial District Judge shall be subject to a fine of not more than $500, together with costs of prosecution, and, in default of payment of such fine and costs, to imprisonment in the county jail for a term not to exceed 30 days. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of a violation may be punished as provided above for each separate offense.