[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.]
A.Â
ALL-TERRAIN VEHICLE
BICYCLE
BOROUGH
MINIBIKE, MINICYCLE or TRAIL BIKE
MOTORCYCLE
PUBLIC PROPERTY
SIDEWALK
SNOWMOBILE
STREET
As used in this chapter, the following definitions and rules of construction
shall be observed:
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.
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.
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.
B.Â
Words importing the singular number shall include the plural, and
words importing the plural number shall include the singular.
A.Â
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.
B.Â
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.
C.Â
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:
A.Â
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.
B.Â
On any public street or public ground located within the Borough.
C.Â
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.
D.Â
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.
E.Â
Within a distance of 500 feet of a residence or occupied or inhabited
building or structure.
F.Â
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,[1] as amended, or any other applicable statute of the Commonwealth
of Pennsylvania.
[1]
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.