[Added 8-7-2017]
The purpose of this chapter is to regulate all-terrain vehicles
as authorized under the Borough Code found at 8 Pa.C.S.A. § 1202(13).
This chapter shall be known as the "Borough of Wyalusing Ordinance
No. 3 of 2005."
As used in this chapter, the following terms shall have the
meanings indicated:
ALL-TERRAIN VEHICLE or ATV
A.
A motorized off-highway vehicle which travels on three or more
inflatable tires and which is:
(1)
A maximum width of 50 inches and a maximum dry weight of 800
pounds; or
(2)
A width which exceeds 50 inches or a dry weight which exceeds
800 pounds.
B.
ATVs described in Subsection
A(1) of this definition may be referred to as Class I ATVs and ATVs described in Subsection
A(2) of this definition may be referred to as Class II ATVs. This term does not include snowmobiles, trail bikes, motorboats, golf carts, aircraft, dune buggies, automobiles, construction machines, trucks or home utility machines: military, fire, emergency and law enforcement vehicles; implements of husbandry; multi-purpose agricultural vehicles or vehicles used by the Departments of Transportation. In addition, this term does not include off-road motor vehicles used exclusively as utility vehicles for agricultural or business operations and incidentally operated or moved upon the highways or roadways within the Borough of Wyalusing.
BOROUGH OF WYALUSING or BOROUGH
The Borough of Wyalusing, Bradford County, Pennsylvania,
the Mayor of the Borough of Wyalusing, the Wyalusing Borough Council
and any duly authorized member or agent of any of the above.
OWNER
A person, other than a lien holder, having the property right
and/or title to a vehicle. The term includes a person entitled to
the use and possession of a vehicle subject to a security interest
in another person.
SNOWMOBILE
A.
An engine-driven vehicle, which is all of the following:
(1)
Designed to travel over snow or ice.
(2)
Has an endless belt track or tracks.
(3)
Is steered by a ski or skies.
(4)
Has an overall width of 48 inches or less.
B.
The term does not include a farm tractor, construction equipment,
military vehicle, vehicle with inflatable tires, or machinery used
strictly for the grooming of snowmobile trails.
STREET
The word "street" as used in this chapter shall include highways,
boulevards, avenues, alleys, and all other Borough property, parks,
sidewalks and other accessible property, which will be considered
public property.
If any section, clause, provision or portion of this chapter
shall be held invalid or unconstitutional by and court of competent
jurisdiction, such decision shall not affect any other section, clause,
provision or portion of this chapter, so long as it remains workable
minus the invalid portion.