[HISTORY: Adopted by the Board of Supervisors of the Township
of Barrett as indicated in article histories. Amendments noted where
applicable.]
[Adopted 10-8-2008 by Ord. No. 160; amended in its entirety 8-25-2009 by Ord. No. 164]
This article shall be known and may be cited as the "Barrett
Township Nuisance Ordinance."
As used in this article, the following terms shall have the
meanings indicated:
Includes all wheel- and belt-driven vehicles powered by internal
combustion engines, including but not limited to motorcycles, motorbikes,
trail bikes, motor scooters, all-terrain vehicles, snowmobiles and
similar vehicles, but shall not be construed to include properly licensed
motor vehicles operated upon the public highways, streets, roads and
private driveways in accordance with law, agricultural equipment used
in the course of farming, commercial equipment being properly used
in the trade or business of the owner by such owner's employees or
agents, or lawn-cutting or snow-removal equipment.
An officer of the Pocono Mountain Regional Police Department.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
On and after the effective date hereof, it shall be unlawful for
any person to operate, cause to be operated or to participate in the
operation of any engine-powered vehicle upon the public roads, streets,
highways, alleys, sidewalks, footpaths, parks or property situate
within Barrett Township, except where specifically permitted by Barrett
Township.
B.
On and after the effective date hereof, it shall be unlawful for
any person to operate, cause to be operated or to participate in the
operation of any engine-powered vehicle upon any property belonging
to anyone other than the operator or driver of such vehicle unless
said operator has obtained prior written permission from the owner
of said property.
C.
On and after the effective date hereof, it shall be unlawful for
any person to operate, cause to be operated or to participate in the
operation of any engine-powered vehicle upon any property owned or
occupied by the operator or driver of such vehicle unless the written
consent of all owners or legal occupants of any occupied private residence(s)
located within 100 feet of the said operator's or driver's property
shall first be obtained.
D.
Operation of any engine-powered vehicle shall be permitted only from
9:00 a.m. to sundown.
The operation of any engine-powered vehicle by an operator under
the age of 16 years, whether or not the same is in violation of this
article, shall be conclusively presumed to be with the consent of
the parent(s) or guardian(s) with whom that operator resides.
A.
Any person who violates or permits a violation of this article shall,
upon conviction in a summary proceeding brought before a Magisterial
District Judge under the Pennsylvania Rules of Criminal Procedure,
be guilty of a summary offense and shall be punishable by a fine of
not more than $1,000, plus costs of prosecution. In default of payment
thereof, the defendant may be sentenced to imprisonment for a term
not exceeding 90 days. Each day or portion thereof that such violation
continues or is permitted to continue shall constitute a separate
offense, and each section of this article that is violated shall also
constitute a separate offense.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
Any officer, as defined herein, upon personal observation of violation
of any provision of this article, shall be empowered to confiscate
and impound any engine-powered vehicle from the person operating the
same in violation hereof and shall remove it to the Barrett Township
Maintenance Building or other municipal facility where the same shall
remain until such time as the charges filed against the alleged violator
are disposed of by the Magisterial District Judge or other court order
and the fee (set forth below) is paid in full. Any person from whom
an engine-powered vehicle was confiscated and impounded shall, upon
conviction, be required to pay any towing, transportation or storage
fee incurred by the Township before the impoundment is terminated.
In addition to all of the foregoing penalties, and not in substitution
thereof, the operation of any engine-powered vehicle in violation
of this article is declared to be a public nuisance enjoinable in
a court of equity, and the Barrett Township Supervisors are authorized
to prosecute an action in equity to enjoin the same.
The provisions of this article are severable. If any sentence,
clause or section is for any reason found to be unconstitutional,
illegal or invalid, such decision shall not affect the validity of
any of the remaining provisions of this article. It is hereby declared
as the legislative intent that this article would have been adopted
had such unconstitutional, illegal or invalid provisions had not been
included herein.
All ordinances or parts of ordinances in conflict herewith shall
be and the same are hereby repealed.
This article shall take effect five days after the date of its
enactment.[1]
