This chapter seeks to improve the safety and quiet enjoyment
of individuals living and/or doing business in the Borough of Baldwin,
and to eliminate noise and dust and other air and ground pollution
incident to the operation of ATVs, dirt bikes or other recreational
motor vehicles on property within the limits of the Borough. This
chapter also seeks to advance the purposes set forth in the Baldwin
Borough Zoning Ordinance and is intended to prevent a public nuisance.
As used in this chapter, the following terms shall have the
meanings indicated:
OCCUPANT
A person who is legally entitled to reside on the property
on which an ATV, dirt bike or other recreational motorized vehicle
is being operated.
OPERATOR
A person who is operating an ATV, dirt bike or other recreational
motorized vehicle.
OWNER
Any person who has legal or equitable title to the property
on which an ATV, dirt bike or other recreational motorized vehicle
is being operated.
RECREATIONAL MOTORIZED VEHICLES
A recreational motorized vehicle is defined for purposes
of this chapter as follows: any self-propelled motorized vehicle used
for recreational purposes, including a trail bike or other all-terrain
vehicle, dirt bike, motor scooter, moped or snowmobile being used
for off-road recreational purposes.
A.
"All-terrain vehicle," or ATV, for the purposes of this chapter,
means any motorized vehicle with three wheels or four wheels designed
for use off of paved trails or roads which operates on three or more
inflatable tires which are 1) a maximum of 50 inches and a maximum
dry weight of 800 pounds (Class 1 ATV), or 2) a width which exceeds
50 inches or a dry weight which exceeds 1,000 pounds (Class 2 ATV).
The term "ATV" shall include all-terrain vehicles as described above,
"quads," "quad bikes," and tandem ATVs.
B.
"Motor scooter," for purposes of this chapter, means a vehicle
that has motive power, a seat, but not a saddle, for the driver, two
wheels, and a floor pad for the driver's feet and is not a vehicle
intended for use due to health issues or disability of the operator.
SHALL
For the purposes of this chapter, the term "shall" is always
mandatory and not discretionary.
It shall be unlawful for any individual to operate an ATV, dirt bike or other recreational motorized vehicle, as defined above, on any public or private street or public or private property in the Borough of Baldwin, except under the conditions set forth in §
159-4 herein.
To the extent applicable, this chapter incorporates by reference Pennsylvania's All-Terrain Vehicle Law as contained in Part 6, Chapter
77 of the Pennsylvania Vehicle Code and state regulations set forth in Title 17 Pa. Code, Chapter 51. All provisions shall be strictly enforced.
Any violation of this chapter shall be within the jurisdiction
of the District Justice whose jurisdiction covers the Borough of Baldwin
as well as courts from which the District Judge's decision may,
under the statutes of the Commonwealth of Pennsylvania, be appealed.
Upon the third or subsequent offense for violation of this chapter,
the Police Department of the Borough of Baldwin or the Code Enforcement
Officer of the Borough may confiscate and impound any vehicle operated
in violation of this chapter. The vehicle shall be returned to the
owner thereof upon payment of any fine imposed as a result of the
violation of this chapter and upon payment of any storage charge incurred
as a result of the impoundment.
In this chapter, the use of the singular shall include the plural,
and the use of headings is for convenience only.
If a section, provision or part of this chapter shall be judged
to be invalid or unconstitutional, such adjudication shall not affect
the validity of the Ordinance as a whole or any sections, provisions
or parts thereof not adjudged invalid or unconstitutional.
This chapter shall be in full force and effect from the date
of its adoption by the Baldwin Borough Council and upon publication
provided by law.