[HISTORY: Adopted by the Borough Council of the Borough of Athens 11-7-2003 by Ord. No. 584, approved 11-17-2003 (Ch. 97 of the 1977 Code). Amendments noted where applicable.]
This chapter shall be known as the "Borough of Athens Ordinance No. 584 of 2003."
A. 
Pursuant to the authority conferred upon the Borough of Athens by the Pennsylvania Borough Code, specifically including but not limited to the authority to impose fines and penalties, incurring partial or total forfeiture, or to remit the same, 53 P.S. § 46202(3);[1] the power to prohibit and remove any nuisance in the streets of the Borough of Athens, 53 P.S. § 46202(4);[2] the power to make such regulations as may be necessary for the health, safety, morals, general welfare and cleanliness, as well as the beauty, convenience, comfort and safety of the Borough of Athens and its residents, 53 P.S. § 46202(6);[3] the power to regulate the streets, public squares, common grounds and sidewalks of the Borough of Athens, 53 P.S. § 46202(17)[4] and the power to make and adopt all such ordinances, rules and regulations not inconsistent with or restrained by the constitution and laws of the Commonwealth of Pennsylvania as may be expedient or necessary for the proper management, care and control of the Borough and its finances and the maintenance of peace, good government, safety and welfare of the Borough of Athens and its residents as well as the Borough of Athens' trade, commerce and manufactures, the Athens Borough Council enacts this chapter.
[1]
Editor's Note: 53 P.S. § 46202 was repealed by 2014, April 18, P.L. 423, No. 37, Sec. 3(2).
[2]
Editor's Note: 53 P.S. § 46202 was repealed by 2014, April 18, P.L. 423, No. 37, Sec. 3(2).
[3]
Editor's Note: 53 P.S. § 46202 was repealed by 2014, April 18, P.L. 423, No. 37, Sec. 3(2).
[4]
Editor's Note: 53 P.S. § 46202 was repealed by 2014, April 18, P.L. 423, No. 37, Sec. 3(2).
B. 
The peace, tranquility, health and safety of the residents of the Borough of Athens are being disturbed by the illegal and unsafe use of all-terrain vehicles, snowmobiles, and motorcycles within the confines of the Borough of Athens. In that regard, it is deemed by the Athens Borough Council to be in the best interests of the health, safety, welfare and morals of the residents of the Borough of Athens, to regulate the use of all-terrain vehicles, snowmobiles, and motorcycles within the Borough of Athens.
C. 
It is the policy, desire and intent of the Athens Borough Council to ensure that the health, safety, morals, general welfare and cleanliness, as well as the beauty, convenience and comfort, of the Borough of Athens and its residents are in the best possible condition for both safety and financial reasons. The purpose of this chapter is to prohibit the illegal and unsafe use of all-terrain vehicles, snowmobiles, and motorcycles within the Borough of Athens and remove the nuisance of the illegal and unsafe operation of all-terrain vehicles within the Borough of Athens.
As used in this chapter, the following terms shall have the meanings indicated:
ALL-TERRAIN VEHICLE or ATV
A. 
A motorized off-highway vehicle which travels on three or more inflatable tires and which is:
(1) 
A maximum width of 50 inches and a maximum dry weight of 800 pounds; or
(2) 
A width which exceeds 50 inches or a dry weight which exceeds 800 pounds.
B. 
ATVs described in Subsection A(1) may be referred to as Class I ATVs, and ATVs described in Subsection A(2) may be referred to as Class II ATVs.
C. 
This term does not include snowmobiles, trail bikes, 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 or vehicles used by the Departments of Transportation. 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 highways or roadways within the Borough of Athens.
BOROUGH OF ATHENS or BOROUGH
The Borough of Athens, Bradford County, Pennsylvania; the Mayor of the Borough of Athens; the Athens Borough Council, and any duly authorized member or agent of any of the above.
MOTORCYCLE
A motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground. This also includes a motorized dirt bike or trail bike.
OWNER
A person, other than a lienholder, having the property right and/or title to a vehicle. The term includes a person entitled to the use and possession of a vehicle subject to a security interest in another person.
SNOWMOBILE
A. 
An engine-driven vehicle which is all of the following:
(1) 
Designed to travel over snow or ice.
(2) 
Has an endless belt track or tracks.
(3) 
Is steered by a ski or skis.
(4) 
Has an overall width of 48 inches or less.
B. 
The term does not include a farm tractor, construction equipment, military vehicle, vehicle with inflatable tires, or machinery used strictly for the grooming of snowmobile trails.
A. 
Number; gender; tense. The singular shall include the plural and the plural, the singular. Words used in the masculine gender shall include the feminine and neuter. Words used in the past or present tense shall include the future.
B. 
Words and phrases. Words and phrases shall be construed according to rules of grammar and according to their common and approved usage, but technical words and phrases and such others as have acquired a peculiar and appropriate meaning or are defined in this chapter shall be construed according to such peculiar and appropriate meaning or definition.
C. 
Rules of interpretation. Where applicable, the rules of interpretation as set forth in 1 Pa.C.S.A. § 1901 et seq. shall apply to this chapter.
A. 
No person shall operate an ATV, snowmobile, or motorcycle on state-owned property or Borough-owned property; in particular, use of said vehicle on the Susquehanna River Levee and Chemung River Levee shall be strictly prohibited.
B. 
No person shall operate an ATV in any of the following ways:
(1) 
At a rate of speed that is unreasonable or improper under existing conditions or in excess of the maximum limits posted for vehicular traffic;
(2) 
In any careless way so as to endanger the person or property of another;
(3) 
While under the influence of alcohol or any controlled substance.
C. 
No owner or other person having charge or control for an ATV shall knowingly authorize or permit the operation of the ATV by any person who is incapable of doing so by reason of age or physical or mental disability; who is under the influence of alcohol or any controlled substance or who is in violation of the preceding subsection.
D. 
No person shall operate, and no owner shall permit a person to operate, an ATV which does not have liability insurance coverage for the ATV issued by an insurance carrier authorized to do business within the Commonwealth of Pennsylvania. The operator of an ATV is required, at all times, to carry proof of insurance on his or her person or on the ATV while it is in operation. Further, no owner of an ATV shall operate or permit the same to be operated without having in full force and effect liability insurance coverage required by this section.
E. 
ATVs may be operated on highways and streets within the Borough of Athens for special ATV events of limited duration or in connection with a Borough authorized parade which is conducted according to a prearranged schedule under permit from the Borough of Athens and the Commonwealth of Pennsylvania, if applicable.
F. 
In addition to the provisions of this chapter, the Borough of Athens specifically incorporates by reference all of the provisions of the Pennsylvania Motor Vehicle Code which are applicable to all-terrain vehicles, specifically including but not limited to the Snowmobile and All-Terrain Vehicle Law, 75 Pa.C.S.A. § 7701 et seq.
G. 
Snowmobiles and ATVs may be operated on the streets of Athens Borough by authorized fire and rescue personnel and police personnel during an emergency or under appropriate circumstances.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person violating any of the provisions of this chapter shall, upon being found liable therefor, pay a fine of not more than $600, plus court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. If the penalty is not paid, the Borough shall initiate a civil action for collection in accordance with the Pennsylvania Rules of Civil Procedure. Each act of operating an ATV in violation of this chapter shall constitute a separate offense. In addition to or in lieu of enforcement under this section, the Borough may enforce this chapter in equity in the Court of Common Pleas of Bradford County.