The chapter shall hereafter be known and cited as the "Recreational Vehicle Regulation Ordinance" of the Township of Germany, County of Adams, Pennsylvania.
[HISTORY: Adopted by the Board of Supervisors of the Township of Germany 10-13-2008 by Ord. No. 40. Amendments noted where applicable.]
The purpose of this chapter is to regulate and control the operation and use of recreational vehicles within the said Township for the protection of the health, safety and general welfare of the residents, property owners, visitors and others within said Township.
The following terms, when used in this chapter, shall have the following meanings:
Any person engaged in the sale, lease or rental of all-terrain vehicles, motorcycles, motor bikes, dirt bikes, three-wheelers, go-carts, trucks and all other types of recreational vehicle and snowmobiles as a regular business.
The entire width between the boundary lines of every way publicly maintained where any part thereof is open to the use of the public for purposes of vehicular travel.
To ride in or on and to be in actual physical control of the operation of the recreational vehicle.
Any person who operates or is in actual physical control of a snowmobile or any other recreational vehicle described in said chapter.
Any of the following:
A person who holds the legal title to a snowmobile or any other recreational vehicle described in said chapter.
A vendee or lessee of the snowmobile or any other recreational vehicle described in said chapter, which in the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee.
A person renting a recreational vehicle or having the exclusive use of a recreational vehicle.
An individual, partnership, corporation, limited liability companies, associations, the state or any of its agencies or subdivisions, and any body of persons, whether incorporated or not.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any lands or real estate owned by persons other than governmental entities and including the lands of public utilities. Such lands include the parking areas and driveways thereof, power line rights-of-way, railroad rights-of-way, private roadways and greenbelt areas.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
All-terrain vehicles, motorcycles, motor bikes, dirt bikes, three-wheelers, go-carts, and any other type of recreational vehicle and any motor-driven vehicle designed for travel primarily on off-road areas, and on snow or ice of a type which utilizes sled-type runners or skis, or an endless belt tread or any other combination of these or other similar means of contact with the surface upon which it is operated. Exclusion(s) to this definition are as follows: lawn mowers, four-wheel-drive trucks, SUVs, or any state-licensed vehicle used solely for means of transportation on highways or public roads. Agricultural equipment and ATVs used for agricultural purposes.
That portion of a highway less the roadway and shoulder.
That portion of a highway improved, designated or ordinarily used for vehicular traffic. If a highway includes two or more separate roadways, the term "roadway" refers to any such roadway separately, but not to all such roadways collectively.
That portion of a highway on either side of the roadway which is normally snow-plowed for the safety and convenience of vehicular traffic.
No person shall operate and no owner or dealer shall permit the operation of all-terrain vehicles, four-wheel-drive vehicles, motorcycles, motor bikes, dirt bikes, three-wheelers, go-carts, and any other type of recreational vehicle and snowmobiles under the following conditions, circumstances or at the following locations:
A.
Riders must stay 50 feet from all property lines unless express written consent of the adjacent owner, lessee or other person in control of said property is given, or if a solid, privacy type fence is in place that is of a height higher than the ATV to protect persons or property of adjacent land. Moving or riding an ATV in or out of its place of storage does not require the fifty-foot setback.
B.
Riders must stay 20 feet away from any creek, stream, wetland or other area subject to erosion or poor drainage.
C.
Riders are permitted to operate recreational vehicles only between the hours of 8:00 a.m. and 9:00 p.m.
D.
Riders may not ride upon a Township highway, land used as a farm or play areas, or streets, or on a public or private parking lot not specifically designed for the use of vehicles described in § 122-3, except under the following special conditions and circumstances:
(1)
The supervisors, any police officer or ordinance or law enforcement officer or a compliance officer may authorize the use of such vehicles described in § 122-3, on a Township highway or street when an emergency occurs and conventional motor vehicles cannot be used for transportation due to snow or other extreme highway conditions.
(2)
The supervisors, or an ordinance officer or a compliance officer may issue a permit (cost of permit to be established by resolution) for the use of such vehicles for fund-raising or charity benefits. This includes activities and functions held at fire departments and sporting events.
(3)
A person may operate such vehicles described in § 122-3:
(a)
On a highway for a special event of limited duration, conducted according to a prearranged schedule, if he or she first obtains a permit (cost of permit to be established by resolution) from the Township Board which shall only be granted if said Board is of the opinion that the same can be operated in a safe, nondestructive manner and without thereby creating a nuisance or hazard to persons or property.
(b)
On private or public property not owned, leased or under the control of the operator if the operator has the express written consent of the owner, lessee or other person in control of said property or in case of an emergency when other means of travel are not feasible or possible.
E.
Riders may not ride at a speed greater than is reasonable and proper, having due regard for conditions then existing.
F.
Riders may not ride in any forest nursery, planting area, or public lands posted or reasonably identified as an area of forest reproduction where growing stock may be damaged or in any area posted or reasonably identified as a natural dedicated area.
G.
A person may not ride any recreational vehicle as described in § 122-3 of this chapter unless such vehicle is equipped with a muffler.
H.
A person may not ride any such recreational vehicle across a cemetery or burial ground.
[Amended 7-8-2024 by Ord. No. 66]
The Code Enforcement Officer is the person charged by the Board of Supervisors with the duty of administration and enforcement of this chapter. The Code Enforcement Officer of the Township is authorized to issue a nontraffic citation for violations of this chapter.
A.
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 Board of Supervisors shall prescribe imprisonment to the extent allowed by law for the punishment of summary offenses. 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.
[Amended 11-12-2019 by Ord. No. 56]
B.
Any person guilty of a violation of this chapter shall also be subject to civil proceedings for damages and/or injunctive relief by the property owner, firm or corporation injured or damaged by such violations.
C.
Both criminal and civil proceedings may be commenced against a person violating this chapter and commencement of any such proceedings shall not constitute an election of remedies preventing the commencement of the other proceedings against such violator.
D.
In addition to the above penalties, all other actions are hereby reserved, including an action in equity brought in the Court of Common Pleas of Adams County, Pennsylvania, for the proper enforcement of this chapter.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
E.
The burden of proof is required by the defendant to prove he/she had permission to ride a recreational vehicle upon any property except their own property.