[HISTORY: Adopted by the City Council of the City of Hazleton 11-16-1995 by Ord. No. 95-18 as Ch. 230 of the 1995 Code; amended in its entirety 4-25-2018 by Ord. No. 2018-15. Subsequent amendments noted where applicable.]
A. 
Authority. The City of Hazleton which governed by the Third Class City Code[1] and Optional Plans Law,[2] of the Commonwealth of Pennsylvania, which authorizes the City to adopt ordinances for the protection of the public health, safety and welfare; and the use and operation of recreational vehicles within the City has created public nuisances and adversely affected the public's health, safety and welfare by the creation of excessive noise, dust and fumes, and obstacles upon public streets.
[1]
Editor's Note: 53 P.S. § 35101 et seq.
[2]
Editor's Note: See 53 Pa.C.S.A. § 2901 et seq.
B. 
Purpose. This chapter is intended to provide for the reasonable regulation of recreational vehicles within the City so as to reduce noise and air pollution, protect the public's health, safety and welfare, and to provide for the peaceful and quiet enjoyment of property; and prevent obstacles upon public streets.
As used in this chapter, the following terms shall have the meanings indicated:
ALL-TERRAIN VEHICLE or ATV
A motorized off-highway vehicle which travels on two, three or more off-highway tires. This term does not include snowmobiles, motorboats, golf carts, aircraft, dune buggies, automobiles, construction machines, trucks or home utility machines; military, fire, emergency and law enforcement vehicles; implements of husbandry; multipurpose agricultural vehicles; vehicles used by the Hazleton City Streets or Police Department; or any vehicle that is or is required to be registered under Chapter 13 (relating to registration of vehicles) of the Pennsylvania Vehicle Code.[1] In addition, this term does not include off-road motor vehicles used exclusively as utility vehicles for agricultural or business operations and incidentally operated or moved upon the highway.
[Added 6-24-2020 by Ord. No. 2020-12]
OWNER
Any person who has legal or equitable title to property on which a recreational vehicle is being operated. The term includes a tenant operating a business upon property of another.
PERSON
An individual, partnership, corporation, company, trust, or other legal entity.
PRIVATE PROPERTY
Any land, rights-of-way, roads or other real property owned, maintained, or otherwise under the control of any person or entity other than government and not available for general use by the public.
RECREATIONAL VEHICLE
Any motorized wheeled or belt-driven vehicle powered by an internal combustion engine intended for off-road recreational use capable of cross-country travel on land, snow, ice, or other natural terrain. The term includes dirt bikes, motorbikes, trail bikes, mini-bikes, go-carts, motor scooters, snow mobiles, all-terrain vehicles (ATVs) etc. The term excludes properly licensed motor vehicles operated upon public highways, streets and roads in accordance with law; agricultural equipment used in the course of farming operations; commercial equipment used in a trade or business such as construction machines and utility vehicles; equipment used for yard work, landscaping, snow removal or otherwise being used in the reasonable maintenance of a person's private property, or motorized vehicles being used for law enforcement, fire, emergency, military or other authorized governmental purposes.
REGISTRATION
The registration of vehicles as required by the provisions of the Pennsylvania Snowmobile and All-Terrain Vehicle Law, 75 Pa.C.S.A. § 7701 et seq.
[1]
Editor's Note: See 75 Pa.C.S.A. § 1301 et seq.
[Amended 6-24-2020 by Ord. No. 2020-12]
A. 
Recreational vehicles and all-terrain vehicles or ATVs shall be permitted to be operated on private property within the City provided that it is done so in accordance with Pennsylvania Vehicle Code, specifically 75 Pa.C.S.A. § 7701 et seq., and all other applicable state laws.
B. 
No person shall operate a recreational vehicle or all-terrain vehicle or ATV on or over the private property of another without the written permission of the property owner, which written permission shall be carried on the person of the operator.
C. 
No person shall operate, cause to be operated or to participate in the operation of any recreational vehicle or all-terrain vehicle or ATV upon any public roads, streets, highways, sidewalks or alleys within the City, except:
(1) 
On highways and streets for a short distance when necessary to cross a bridge or culvert.
(2) 
On highways and streets during periods of emergency when so declared by the City.
(3) 
On highways and streets for special motorized vehicle events of limited duration that are conducted according to a prearranged schedule under permit from the City.
(4) 
On a street or two-lane highway at an angle of approximately 90° to the direction of the highway and at a place where no obstruction prevents a quick and safe crossing; provided that the recreational vehicle or all-terrain vehicle or ATV is brought to a complete stop before crossing the highway, and the operator yields the right-of-way to all oncoming traffic that constitutes an immediate hazard.
D. 
A person operating a recreational vehicle or all-terrain vehicle or ATV on permitted private property must remain at least 250 feet from any adjoining or adjacent property line of another, and must remain at least 250 feet from that adjoining or adjacent property line.
E. 
The operation of four or more recreational vehicles or all-terrain vehicles or ATVs at one time on private property requires zoning approval as a recreational facility. A private property owner may not permit a recreational vehicle or all-terrain vehicle or ATV on private property without being able to provide the amount of private property necessary to comply with this chapter, including permitting the operation of the recreational vehicle or all-terrain vehicle or ATV on the private property without the necessity of traveling over or crossing private property of another, or a public road, street, alley, sidewalk or highway to gain access to that private property.
F. 
Where a private property owner provides a track, course, or one or more obstacles on the private property for use of a recreational vehicle or all-terrain vehicle or ATV, zoning approval for a recreational facility is required.
G. 
It shall be unlawful for any person to operate a recreational vehicle or all-terrain vehicle or ATV between the hours of 9:00 p.m. and 7:00 a.m., prevailing time, Monday through Sunday.
H. 
No person shall operate a recreational vehicle or all-terrain vehicle or ATV in any manner which creates dust which crosses onto any adjoining or adjacent property. Visible dust, mud or debris shall not leave the private property boundaries of the property upon which the recreational vehicle is authorized to operate.
I. 
No person shall operate, allow, or permit the operation of a recreational vehicle or all-terrain vehicle or ATV within 250 feet of any type of livestock.
J. 
No person shall operate, allow or permit the operation of a recreational vehicle or all-terrain vehicle or ATV within 50 feet a stream, creek, waterway, drainage way, wetland, or floodplain.
K. 
No person shall operate a recreational vehicle or all-terrain vehicle or ATV without an effective and suitable muffler on the engine of the vehicle which efficiently deadens or muffles the noise of the exhaust.
L. 
No person owning or operating a fueling or gasoline station within the City shall disperse or permit another to disperse gasoline from a pump directly into a recreational vehicle or all-terrain vehicle or ATV unless the recreational vehicles or all-terrain vehicles or ATVs are securely fastened on a licensed trailer connected to a licensed hauling vehicle during fueling; and the licensed hauling vehicle has transported the recreational vehicle or all-terrain vehicle or ATV to and from the gasoline or fueling station.
M. 
All persons are hereby prohibited from dispersing gasoline from gasoline pumps located at a gasoline or fueling station directly into any recreational vehicle or all-terrain vehicle or ATV unless the recreational vehicles or all-terrain vehicles or ATVs are securely fastened on a licensed trailer connected to a licensed hauling vehicle during fueling; and the licensed hauling vehicle has transported the recreational vehicle or all-terrain vehicle or ATV to and from the gasoline or fueling station.
N. 
All recreational vehicles or all-terrain vehicles or ATVs shall be registered.
O. 
An ATV may be utilized as a snow removal vehicle. Any ATV purported to be used as a snow removal vehicle must be properly equipped with a snow plow and/or salt spreader and may only be operated as a snow removal vehicle during a snow event. Each ATV purported to be used as a snow removal vehicle must as be registered with DCNR as such.
[Added 8-18-2021 by Ord. No. 2021-18]
[Amended 6-24-2020 by Ord. No. 2020-12; 8-18-2021 by Ord. No. 2021-18; 4-12-2022 by Ord. No. 2022-3]
The penalty for a violation of this chapter shall be confiscation and forfeiture of the vehicle to the City of Hazleton. The all-terrain vehicle or ATV may be crushed or destroyed by the City after forfeiture. Any person or entity who shall violate the prohibition against fueling stations permitting direct fueling into a recreational vehicle not secured to a trailer shall be subject to summary enforcement proceedings and upon being found guilty thereof shall subject to the penalties provided in Chapter 1, Article II, Violations and Penalties. All offenders convicted of violating this chapter shall also pay the costs of prosecution, including court costs and reasonable attorney fees. Any person guilty of a violation of the within chapter may also be subject to civil proceedings for damages and/or injunctive relief by the City of Hazleton, a property owner or any other person injured or damaged by such violation. Both criminal and civil proceedings may be commenced against a person violating the within chapter and commencement of any such proceedings shall not constitute an election of remedies preventing the commencement of the other proceedings against such violator.
This chapter shall be enforced by the City of Hazleton Code Enforcement Officer or a police officer.
[Added 8-18-2021 by Ord. No. 2021-18]
A person or entity aggrieved by the confiscation and forfeiture of an all-terrain vehicle or ATV, including the lienholder or financier of an all-terrain vehicle or ATV, may request a hearing before the ATV Board of Appeals to consider the same. The ATV Board of Appeals will consist of three members, each appointed by City Council, and each appointee shall be a resident of the City of Hazleton. The cost of an appeal hearing shall be $350, and the appellant shall pay all costs associated with the procurement of a court reporter, and all advertising costs if a public hearing is requested. If the Board of Appeals grants the release of a vehicle back to a lienholder or financier, or other person or entity, said lienholder or financier or person or entity must pay all costs relating to the seizure, removal and storage of said vehicle, and a lienholder or financier may not sell or otherwise release the vehicle back to the party found to be in violation of this chapter.