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.
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.