[Added 10-20-2022 by Ord. No. 2022-04[1]]
[1]
Editor's Note: This ordinance also repealed former Art. VI,
Regulations on Motorized Scooters, Pedalcycles, Snowmobiles and Nonmotorized
Vehicles.
As used in this article, the following terms shall have the
meanings indicated:
A person who regularly resides at the property in question.
Any person who has legal or equitable title to the property
on which a recreational vehicle is being operated.
An individual, group of individuals, a partnership, firm,
association or any other entity.
All motorized vehicles, designed or redesigned or otherwise
being used for off-road recreational use, including, but not limited
to, the following:
Motorcycles.
Trail bikes.
All-terrain vehicles (ATVs). Any motorized off-road recreational
vehicle capable of cross-country travel on land, snow, ice, marsh,
swampland or other natural terrain, including but not limited to a
multi-track or low-pressure tire vehicle or related two-wheel, three-wheel,
four-wheel or belt-driven vehicle, or an amphibious machine.
Go-carts.
Snowmobiles. An engine-driven vehicle which is all of the following:
1) is designed to travel over snow or ice; 2) has an endless belt
track or tracks; 3) is steered by a ski or skis; and 4) has an overall
width of 48 inches or less.
Trucks, sports utility vehicles (SUVs), and four-wheel drive
vehicles.
Any other similar mechanized vehicle (excluding battery only
operated vehicles).
The following regulations shall apply for the use of a recreational
vehicle 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.
Setback requirements.
(1)
A person operating a recreational vehicle must remain at least 300
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 any reduced setback, and with any additional mutually
agreed terms and conditions.
(2)
It shall not be a violation of this article to operate a motorcycle
or similar on-road vehicle within the required setback for purposes
of ingress and egress from or onto a driveway.
C.
Additional restrictions.
(1)
No more than two recreational vehicles may be operated at the same
time on the same property.
(2)
A person may operate a recreational vehicle only between the hours
of 8:00 a.m. and 8:00 p.m., prevailing time.
(3)
An operator or operators may ride a recreational vehicle for no longer
than a total of one hour at a time with a two hour rest period between
the next operation of a recreational vehicle.
D.
Dust. A person shall not generate or permit to be generated as a
result of the use or operation of any recreational vehicle, any dust
to cross over onto an adjoining or adjacent property that will interfere
with the reasonable use and enjoyment of the residential use of the
property, either inside or outside.
E.
Equipment exhaust. All recreational vehicles shall be fitted with
the original equipment exhaust while in operation.
F.
Environmentally sensitive areas. No person shall operate, allow or
permit the operation of a recreational vehicle within a stream, creek,
waterway, drainageway, wetland, or erosion sensitive areas, or within
20 feet of such environmentally sensitive areas.
G.
Livestock. No person shall operate, allow or permit the operation
of a recreational vehicle within 500 feet of any type of livestock.
H.
Access limitation. No person shall go on or cross the land of another
to operate a recreational vehicle without the written permission of
the landowner, which written permission shall be carried on the person
of the operator. No person shall use state or Borough roads to gain
access to the land used for recreational vehicle operation.
I.
Hunting limitation. Except as otherwise permitted by Title 34 of
the Pennsylvania Statutes[1] (relating to game), no person shall operate or ride on
any recreational vehicle with any bow and arrows unless unstrung nor
any firearm unless unloaded, in his or her possession.
[1]
Editor's Note: See 34 Pa.C.S.A. § 101 et seq.
J.
Registration requirements. Registration of vehicles governed by this
article is required in accordance with the registration provisions
of the Pennsylvania Snowmobile and All-Terrain Vehicle Law, 75 Pa.C.S.
§ 7701 et seq. Proof of registration in the nature of copies
of the registration documents under this law shall be supplied to
the Borough upon request.
No person shall operate a recreational vehicle on Borough property
without the express written consent of the Borough.
A.
A violation of this article shall be deemed a public nuisance, and
shall subject the owner of the property and/or any person operating
a recreational vehicle in violation of this article to summary enforcement
proceedings.
B.
The Northern Regional Police Department (or successor police department)
and such persons as may be designated by resolution of the Council
are authorized to make an initial determination of violation of this
article, and to enforce the provisions of this article. An initial
determination of a violation of this article shall result in a verbal
warning to the owner, occupant or operator of the recreational vehicle.
C.
A second or subsequent violation of this article shall be subject
to summary enforcement proceedings and upon being found guilty thereof
shall subject the violator to a fine of $250 for a second offense
(following a verbal warning), $500 for a third offense, and $750 for
a fourth and each offense thereafter. Upon default in payment of a
fine and upon a guilty finding of a third or subsequent offense the
violator may be subject to a term of imprisonment up to the maximum
allowed by law for a summary offense. Each day that a violation continues
or each section of this article that is found to be violated shall
be considered a separate violation.
A.
Americans with Disabilities Act (ADA)[1]. In conformance with the intent of the ADA, an owner,
occupant, or person shall not be in violation of this article when
operating a recreational vehicle if the owner, occupant, or person
qualifies under the ADA for use of a recreational vehicle for general
accessibility to, from, and about the property. In such instance,
the owner, occupant, or person shall obtain a handicap placard to
display prominently on the recreational vehicle.
[1]
Editor's Note: See 42 U.S.C. § 12101 et seq.
B.
No owner, occupant or person shall be in violation of this article
when operating a recreational vehicle for agricultural or husbandry
purposes, lawn/yard care, landscaping, and maintenance, snow removal
and/or permitted business operations.
C.
This article shall not apply to the use of recreational vehicles
by law enforcement, fire, emergency, military personnel in the performance
of their duties or for other authorized governmental purposes.
A.
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.
B.
The use of the singular shall include the plural. The use of headings
is for convenience only.
C.
Should any section, paragraph, clause or phrase of this article be
declared unconstitutional or invalid by a court of competent jurisdiction,
the remainder of said ordinance shall not be affected thereby, and
shall remain in full force and effect.
D.
All ordinances or parts of ordinances or resolutions conflicting
with the provisions of this article are hereby repealed to the extent
of such conflict.
E.
This article shall be effective immediately following its legal enactment.
F.
Article VI, §§ 197-45 through 197-48 of the Code of the Borough of Abbottstown, as amended, is hereby repealed and replaced by this article. The Code of the Borough of Abbottstown, as amended, shall be and remain unchanged and in full force and effect except as amended, supplemented, and modified by this article. This article shall become a part of the Code of the Borough of Abbottstown, as amended, upon enactment.
