[HISTORY: Adopted by the Board of Supervisors of the Township of North Whitehall 12-16-2009 by Ord. No. 2009-4. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "North Whitehall Township Engine-Powered Recreational Vehicle Nuisance Ordinance."
As used in this chapter, the following terms shall have the meanings indicated:
ENGINE-POWERED RECREATIONAL VEHICLE
Includes all wheel-driven and belt-driven vehicles powered by an engine, including, but not limited to, motorbikes, trail bikes, dirt bikes, all-terrain vehicles, snowmobiles and similar vehicles. This term shall not be construed to include properly licensed motor vehicles operated upon the public highways, streets, roads and private driveways and in the pursuit of game, in accordance with law, nor golf carts, nor agricultural equipment used in the course of agricultural activities or husbandry, nor commercial equipment being properly used in the trade or business of the owner by such owner, their employees or agents, nor lawn cutting and other reasonable real property maintenance and landscaping, nor snow removal equipment.
PERSON
Includes an individual, group of individuals, partnership, firm, association or any other entity.
The following regulations shall apply for the use of engine-powered recreational vehicles on private real property:
A. 
Visible dust, mud or debris shall not leave the property boundaries of the parcel where vehicles governed by this chapter are operated.
B. 
A minimum distance of 50 feet shall be maintained from all property lines for the operation of vehicles governed by this chapter, regardless of the relationship of the property owner to the operator.
(1) 
An exception to this regulation is the common boundary line between the owner and an adjacent property owner granting permission for another operator to use his or her property or ride up to the common boundary line. Said permission must be stated in writing and must contain the notarized signature of the landowner(s) granting permission.
(2) 
It shall not be a violation of this chapter to operate an engine-powered recreational vehicle within the required setback for purposes of ingress and egress from or onto a driveway, nor ingress and egress from a garage or other structure that houses said engine-powered recreational vehicle situated within the required setback.
C. 
The use of vehicles otherwise governed by this chapter are exempt from the minimum distance requirements while performing property maintenance. Use of vehicles otherwise governed by this chapter for the plowing of snow or other winter maintenance are exempt from minimum distance and time restrictions under this chapter while performing such winter maintenance tasks.
D. 
Snowmobiles are exempt under this chapter when operated in accordance with regulations of the Commonwealth of Pennsylvania with regard to exemptions for emergency response, special road conditions, and similar situations.
E. 
It shall be unlawful for any person to operate an engine-powered recreational vehicle for recreational purposes other than that time from 9:00 a.m. to 9:00 p.m., prevailing time, in the Township, regardless of whether the operator is upon the private property of the operator or upon the private property of some third person who has granted permission to the operator for its use.
F. 
It shall be unlawful for any person to operate any recreational vehicle governed by this chapter at a sound intensity that exceeds 99 decibels, when measured 20 inches from the vehicle, with the exception of snowmobiles, which sound intensity shall not exceed 82 decibels measured in accordance with SAE recommended practice, in accordance with Pennsylvania law and regulation, as may be amended.
A. 
Any person, whether as principal, agent or employee, who violates or permits a violation of this chapter, upon being found liable therefor in a civil enforcement proceeding, shall upon the first offense be sentenced to pay a fine of not less than $50 nor more than $200, plus all court costs, including reasonable attorney's fee, incurred by North Whitehall Township in the enforcement of this chapter. For a subsequent offense, a person who violates this chapter shall be required to pay a fine of not less than $100 nor more than $300, plus all court costs, including reasonable attorneys' fees, incurred by North Whitehall Township in the enforcement of this chapter. No judgment shall be imposed until the date of the determination of the violation by the Magisterial District Judge and/or Court. If the defendant neither pays nor timely appeals the judgment, North Whitehall Township may enforce the judgment pursuant to the applicable rules of civil procedure.
B. 
The operation of any engine-powered recreational vehicle in violation of this chapter is declared to be a public nuisance enjoinable in a court of equity, and the appropriate officers or agents of North Whitehall Township are hereby authorized to seek equitable relief, including injunction, to enforce compliance herewith.
C. 
The Code Enforcement Officer or other agent of the Township designated by the Board of Supervisors, as well as the Pennsylvania State Police, are authorized to issue citations for violation of this chapter.
All other ordinances or parts thereof which are in conflict with this chapter are hereby repealed. Ordinance No. 2008-4 is specifically hereby repealed.
The provisions of this chapter are severable, and if any section, clause, sentence, part, or provision thereof shall be held illegal, invalid, or unconstitutional by any court of competent jurisdiction, such decision of the court shall not affect or impair the remaining sections, clauses, sentences, parts, or provisions of this chapter. It is hereby declared to be the intent of the Board of Supervisors that this chapter would have been adopted if such illegal, invalid, or unconstitutional section, clause, sentence, part, or provision had not been included herein.
The within provisions shall become effective five days after the adoption hereof.