This chapter shall be known as the "Borough
of Athens Ordinance No. 584 of 2003."
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.
[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.