Borough of Burgettstown, PA Recreational Vehicles

Any and all motorized vehicles designed or redesigned, or otherwise being used for off-road and/or recreational use, including, but not limited to, the following:

(1)

Motorcycles;

(2)

Trail bikes;

(3)

All-terrain vehicles (ATVs) or utility terrain vehicles (UTVs);

(4)

Go-carts;

(5)

Snowmobiles; and

(6)

Any other similarly mechanized vehicle.

The term "recreational vehicle" shall not include motorized vehicles being used for law enforcement, fire emergency, military or other authorized government purpose, or off-road motorized vehicles being used as utility vehicles for agriculture, yard work, landscaping, snow removal or otherwise being used in the reasonable maintenance of a person's real property. A motor home or mobile home used solely for overnight lodging and shelter shall not be considered a recreational vehicle for purposes of this article.

§ 475-69 Operation and use of recreational vehicles on private property.

The following regulations shall apply for the use of recreational vehicles on private real property:

Owner or occupant. Only the owner, occupant, permitted guests and family may operate a recreational vehicle on private real property, subject to the restrictions outlined herein.

Setback requirements.

(1)

A person operating a recreational vehicle must remain at least 10 feet from any property line, including property road frontage and associated roadway right-of-way lines, unless written permission has been obtained by the adjoining property owner to operate the recreational vehicle within a reduced setback, and with any additional mutually agreed terms and conditions.

(2)

The use of recreational vehicles shall not be permitted on lots of less than 1/2 acre in area.

(3)

It shall not be a violation of this section to operate a recreational vehicle within the required setback for purposes of ingress and egress from or onto a driveway.

Dust.

(1)

Dust- and noise-control measures are to be maintained by the lot owner and occupant. A person shall not generate or permit to be generated as a result of the use or operation of a recreational vehicle any dust which crosses over onto an adjoining or adjacent property that will interfere with the reasonable use of the property, either inside or outside.

(2)

Dust-control measures shall include, but are not limited to, the planting of a buffer with plantings acceptable to the Borough.

(3)

Any unvegetated area must be watered down before, during and after usage as needed to limit the dust if said riding area is located within a residential area.

Equipment exhaust. All recreational vehicles shall be fitted with the original equipment exhaust while in operation.

Environmentally sensitive areas.

(1)

No person shall operate, allow or permit the operation of a recreational vehicle within a stream, creek, waterway, drainageway, wetland or erosion-sensitive area, floodplain, or within 100 feet of such environmentally sensitive areas.

(2)

No person shall operate, allow or permit the operation of a recreational vehicle on any Borough-, county-, or state-owned park or open space properties, or any other property to which the Borough has received express direction and authority from the landowner to enforce this article and prohibit the use of recreational vehicles on the subject property.

Additional restrictions.

(1)

No more than two recreational vehicles may be operated at the same time on one parcel or group of adjacent lots owned by the same person.

(2)

A person may operate a recreational vehicle only between the hours of 8:00 a.m. and 7:00 p.m. or dusk, whichever is later.

(3)

A recreational vehicle shall not be operated in such a manner as to damage or destroy any real or personal property of another.

(4)

Recreational vehicles shall not be operated on any sidewalk, nor can any recreational vehicle be operated within the right-of-way of any public or private street being maintained or used as a thoroughfare for legally licensed vehicular traffic unless the operator has a valid operator's license and the recreational vehicle is properly registered and licensed with the Commonwealth of Pennsylvania as a motor vehicle. All provisions of the Motor Vehicle Code and Borough ordinances regulating equipment in operation shall apply to such a use.

(5)

One person only shall operate a single recreational vehicle at one time. The operator shall not carry any other person nor shall any other person ride on said vehicle unless such vehicle is designed to carry more than one person.

§ 475-70 Operation and use of recreational vehicles on Borough property.

No person shall operate a recreational vehicle on Borough property without the express written consent of the Borough.

§ 475-71 Exemptions.

The following uses are exempt from this article:

Any recreational vehicle used by the Borough or any other governmental body in conducting official business.

Any recreational vehicle used in agricultural work.

Any recreational vehicle used in yard work, landscaping and/or in the maintenance of a person's real property.

Any recreational vehicle used in snow clearing.

§ 475-72 Violations and penalties.

A violation of this article shall be deemed a public nuisance and shall subject the person operating a recreational vehicle in violation of this article to summary enforcement proceedings.

Any person who violates or permits a violation of this article shall, upon conviction in a proceeding brought before a District Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine 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 article that is violated shall also constitute a separate offense.

The police, Code Enforcement Officers of Burgettstown Borough, and/or the Pennsylvania State Police may enforce the provisions of this article.

§ 475-73 Miscellaneous provisions and incorporation.

Incorporation by reference. To the extent applicable, this article incorporates by reference thereto the provisions of the rules and regulations relating to the Pennsylvania Snowmobile and All-Terrain Vehicle Law, 75 Pa.C.S.A. § 7701 et. seq.