[Adopted 10-4-2021 by Ord. No. 1038]
The provisions of this chapter are designed to secure, promote
and protect the public health, comfort, convenience, safety, welfare,
peace and quiet of the residents of Perkasie Borough by regulating
the use of off-road vehicles, including all-terrain vehicles, motorized
dirt bikes and snowmobiles, within the Borough and in order to alleviate
problems, such as but not limited to loud, unnecessary and unusual
noises within the Borough, damage and destruction of personal property,
unauthorized use of private lands, disturbances through the creation
of unnecessary dust and debris, and other inconveniences caused by
said off-road vehicles to the residents of Perkasie Borough.
As used in this chapter, the following terms shall have the
meanings indicated:
CLASS I ATVA motorized off-highway vehicle which travels on three or more inflatable tires and has a maximum width of 50 inches and a maximum dry weight of 800 pounds or less.
CLASS 2 ATVA motorized off-highway vehicle which travels on three or more inflatable tires, has a maximum width which exceeds 50 inches or a dry weight which exceeds 800 pounds.
Perkasie Borough, Bucks County, Pennsylvania.
Trails or an area on a lot used by all-terrain vehicles,
motorized dirt bikes and/or snowmobiles.
A lot in the Borough of Perkasie which is part of an approved
subdivision, the plan or map of which has been recorded with the Bucks
County Recorder of Deeds, or a lawful lot described by metes and bounds,
the deed of which has been recorded with the Bucks County Recorder
of Deeds, or one for which the Borough has granted a waiver from platting.
A two-wheeled vehicle being capable of cross-country travel
on natural terrain without the benefit of a road or trail.
An ATV, motorized dirt bike, snowmobile, or similar motorized
vehicle.
Any motor driven vehicle designed for travel primarily on
snow or ice of the type that utilizes sled-type runners or skis, an
endless belt, tread, or any combination of those or other similar
means of contact with the surface upon which it is operated.
A.
The use of an all-terrain vehicle, motorized dirt bike, snowmobile
and/or similar motorized vehicle is not permitted within the Borough
on lots of less than two acres in size.
B.
The riding area for an all-terrain vehicle, motorized dirt bike and/or
snowmobile is to be located no closer than 100 feet from a lot line.
C.
Dust and noise control measures are to be maintained by the lot owner.
These dust and noise control measures are to be enforced by the Borough
if lot owners of lots that are adversely affected by dust and noise
due to off-road vehicle use file a written complaint with the Borough.
(1)
Dust-control measures shall include but are not limited to the planting
of twelve-foot-high coniferous trees planted 10 feet on center or
the construction of a six-foot-minimum board-style fence.
(2)
An all-terrain vehicle, motorized dirt bike and/or snowmobile must
have a federally approved spark arrestor, the noise emission may not
exceed 99 decibels at a distance of 20 inches at idle, and mufflers
may not be altered to increase motor noise or have a cutout bypass
or similar device.
D.
No more than two riders that are unrelated to the immediate household
members that reside in the dwelling on the lot may operate a motorized
off-road vehicle on the lot.
E.
All-terrain vehicles, motorized dirt bikes and/or snowmobiles may
only be operated on the lot during the following times: Monday through
Friday, 12:00 noon through 6:00 p.m.; Saturdays, 10:00 a.m. through
6:00 p.m.; and Sundays, 12:00 noon through 5:00 p.m. Operation of
an all-terrain vehicle, motorized dirt bike and/or snowmobile may
be continuous for two hours. After two hours, there should be no riding
on the lot for one hour.
F.
The operation of an all-terrain vehicle, motorized dirt hike and/or
snowmobile shall not be allowed on any designated wetlands or floodplain
areas as defined by the Borough Code, as in effect at the time.
G.
Any unvegetatcd riding area must be watered down before, during,
and after usage, as needed, to limit dust.
H.
An all-terrain vehicle, motorized dirt bike and/or snowmobile shall
not be operated in such a manner as to damage or destroy any real
or personal property of another. In addition to any other penalties
for the violation of this chapter, a violator of this section shall
be liable to make restitution for any damage caused to private or
public property.
I.
All-terrain vehicles, motorized dirt bikes and/or snowmobiles shall
not be operated on any sidewalk or within the right-of-way of any
public or private street being maintained or used as a thoroughfare
for legally licensed vehicular traffic unless the operator has a valid
operator's license, and the off-road vehicle is properly registered
and licensed with the Commonwealth of Pennsylvania as a motor vehicle.
All provisions of the Vehicle Code and Borough ordinances regulating
equipment and operation shall apply to such use. All other regulations
under the Motor Vehicle Code shall apply.
The following uses are exempt from this chapter:
A.
Any all-terrain vehicle, motorized dirt bike and/or snowmobile used
by the Borough or any other governmental body in conducting official
business.
B.
Any all-terrain vehicle, motorized dirt bike and/or snowmobile used
in agriculture work.
C.
Any all-terrain vehicle, motorized dirt bike and/or snowmobile used
in snow clearing.
The police and/or code enforcement officers of Perkasie Borough
are charged with enforcement of the provisions of this chapter and
any rules and regulations promulgated by Perkasie Borough.
Any person who violates or permits a violation of this chapter
shall, upon being found liable therefor in a civil enforcement proceeding
commenced by the Borough before a Magisterial District Judge, pay
a line of not more than $600, plus all court costs, including reasonable
attorneys' fees, incurred by the Borough in the enforcement or
this chapter. If the defendant neither pays nor timely appeals the
judgment, the Borough may enforce the judgment pursuant to the applicable
Rules of Civil Procedure. Each day a violation exists shall constitute
a separate offense. Further, the appropriate officers or agents of
the Borough are hereby authorized to seek equitable relief, including
injunction, to enforce compliance herewith. This chapter may be enforced
initially by violation ticket.
