[Ord. 246, 4/13/2010, § I]
ALL TERRAIN VEHICLE (ATV)
A motorized vehicle with not less than three inflatable tires
with a maximum dry weight of less than 800 pounds.
OCCUPANT
A person who regularly resides on the property in question.
OWNER
Any person who has legal or equitable title to the property
on which a recreational vehicle is being operated.
PERSON
An individual, group of individuals, partnership, firm, association
or any other entity.
RECREATIONAL VEHICLE
All motorized and non-motorized vehicles designed or redesigned,
or otherwise being used for off-road and/or recreational use, including
but not limited to the following:
C.
All terrain vehicles (ATVs) or utility-terrain vehicles (UTV).
G.
Trucks, sport utility vehicles (SUVs) and four-wheel drive vehicles.
H.
Non-motorized vehicles, such as, but not limited to; skateboards,
roller skates, scooters being used or ridden for any purpose.
The term "recreational vehicles" shall not include scooters
for handicapped individuals, 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
Part.
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ROADWAY
The portion of a road that is improved, designed or ordinarily
used for vehicular traffic.
[Ord. 246, 4/13/2010, § II]
1. The following regulations shall apply for the use of recreational
vehicles on private real property:
A. 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.
B. Dust. Dust control measures are to be maintained by the owner/occupant
and the operators of recreational vehicles at all times recreational
vehicles are in use. An owner/occupant or operator shall not generate,
or permit to be generated, as a result of use of a recreational vehicle,
any dust which crosses over onto an adjoining or adjacent property.
C. Additional Restrictions.
(1)
A person may operate a recreational vehicle only between the
hours of 9:00 a.m. and 8:00 p.m. or dusk, whichever is earlier.
(2)
A recreational vehicle shall not be operated in such a manner
as to damage or destroy any real or personal property of another.
(3)
A recreational vehicle shall not be operated on any private
roadway being maintained or used as a thoroughfare for legally licensed
vehicular traffic.
D. All provisions of the PA Vehicle Code, 75 Pa.C.S.A. § 101
et seq., the PA Snowmobile and All-Terrain Vehicle Law, 75 Pa.C.S.A.
§ 7701 et seq., and the PA Crimes Code, 18 Pa.C.S.A. § 101
et seq., as amended from time to time, and Township ordinances regulating
equipment in operation, as amended from time to time, shall apply
to such uses within the Township.
[Ord. 246, 4/13/2010, § III]
No person shall operate a recreational vehicle on Township property
without the express written consent of the Township.
[Ord. 246, 4/13/2010, § IV]
1. The following uses are exempt from this Part:
A. Use of a recreational vehicle by the Township or any other governmental
body in conducting official business.
B. Use of a recreational vehicle in agricultural work.
C. Use of a recreational vehicle in yard work, landscaping and/or in
the maintenance of a person's real property.
D. Use of a recreational vehicle in snow clearing.
[Ord. 246, 4/13/2010, § V]
1. Public Property. No persons shall be permitted to ride skateboards,
roller skates, and scooters on the sidewalks or public streets, roadways,
highways or trafficways within the Township of Old Lycoming.
2. Private Property. No person shall be permitted to ride skateboards,
roller skates, scooters on any private property without the consent
of the property owner.
[Ord. 246, 4/13/2010, § VI]
1. A violation of this Part shall be deemed a public nuisance and shall
subject the owner of the property and any person operating a recreational
vehicle in violation of this Part to summary enforcement proceedings.
Except that if such an offense under this Part is a violation of the
PA Vehicle Code, 75 Pa.C.S.A. § 101 et seq., or PA Crimes
Code, 18 Pa.C.S.A. § 101 et seq., prosecution shall be brought
under the most applicable statute.
2. This Part shall be enforced as follows:
A. Violations Relating to Operation of Recreational Vehicles.
(1)
Trespass Violations. All trespass and property damage violations
of this Part shall be commenced under the PA Vehicle Code, 75 Pa.C.S.A.
§ 101 et seq., or PA Crimes Code, 18 Pa.C.S.A. § 101
et seq., whichever is most applicable, as amended.
(2)
Other Violations. All other violations concerning operation
or use of recreational vehicles not regulated by the PA Vehicle Code
or PA Crimes Code shall be, upon conviction, a fine not more than
$500.
B. Violations pertaining to § 15-802.B, Dust. The Codes Enforcement
Officer of Old Lycoming Township shall enforce § 15-802.B,
relating to dust. Any person in violation shall, upon being found
in violation thereof, in a civil enforcement proceeding, pay a penalty
of not more than $500 plus all court costs, including reasonable attorney
fees incurred by the Township as a result thereof.
[Ord. 246, 4/13/2010, § VII]
Incorporation by Reference. To the extent applicable, this Part
incorporates by reference thereto the provisions of the rules and
regulations relating to the Pennsylvania Snowmobile and All Terrain
Vehicle Law, 74 Pa.C.S.A. § 7701 et seq., as revised, the
PA Vehicle Code, 75 Pa.C.S.A. § 101 et seq., and the PA
Crimes Code, 18 Pa.C.S.A. § 101 et seq., as amended by law,
from time to time.