[HISTORY: Adopted by the Board of Supervisors of the Township
of Weisenberg 8-8-2016 by Ord.
No. 2016-6. Amendments noted where applicable.]
As used in this section, the following terms shall have the
meanings indicated:
A motorized off-highway vehicle which travels on three or
more inflatable tires and which are 1) a maximum width of 50 inches
and a maximum dry weight of 1,000 pounds or 2) a width which exceeds
50 inches or a dry weight which exceeds 1,000 pounds. The term "ATV"
shall not include motorized vehicles for law enforcement, fire, emergency,
fire emergency, military, or other authorized government purposes,
or off-road motorized vehicles used as utility vehicles for agriculture,
husbandry, lawn care, snow removal or business operations, or any
other reasonable property maintenance or landscaping.
A motorcycle designed and built with special tires and suspension
for riding on unpaved roads and over rough terrain.
A person who regularly resides on the property in question.
Any person who has legal or equitable title to the property
on which an ATV or dirt bike is being operated.
Any individual, group of individuals, a partnership, firm,
association or any other entity.
The following regulations shall apply for the use of an ATV
or dirt bike on private real property.
A.
Owner or occupant. Only the owner, occupant, permitted guests and
family may operate an ATV or dirt bike on private real property subject
to the restrictions outlined herein.
B.
Setback requirements.
(1)
A person operating an ATV or dirt bike must remain at least 50 feet
from any real property line.
(2)
A person operating an ATV or dirt bike must remain at least 300 feet
from an occupied dwelling structure.
(3)
A person operating an ATV or dirt bike must remain at least 100 feet
from the edge of pavement of any roadway or property road frontage
and associated roadway right-of-way lines.
C.
Additional restrictions.
(1)
No more than two ATVs or dirt bikes may be operated at the same time
on the same property. The provisions of this subsection shall not
be interpreted to preclude a larger number of ATVs from traversing
a property at one time to get to another destination.
(2)
It shall be unlawful for any person, corporation, partnership or
any other entity to operate an ATV or dirt bike for recreational purposes
between dusk and 9:00 a.m., prevailing time. Operation of ATVs and
dirt bikes will be limited to a one-hour session with a three-hour
rest before the next operation of the vehicle with a maximum limit
of two sessions per day. The rest period must be provided to prohibit
disturbance of the peace within the Township. Operation within this
prohibited time period shall be considered a disturbance of the peace
within the Township.
D.
Dust and fumes. A person shall not generate or permit to be generated
as a result of the use or operation of any ATV or dirt bike any dust
or fumes which cross over onto adjoining or adjacent properties that
will interfere with the reasonable use of and enjoyment of the use
of the property, either inside or outside.
E.
Exhaust equipment. All ATVs or dirt bikes shall be fitted with the
original manufacturer's exhaust equipment while in operation unless
the vehicle is fitted with a more restrictive and/or quieter exhaust
system than the original.
F.
Environmentally sensitive areas. No person shall operate, allow or
permit the operation of an ATV or dirt bike within 50 feet of a stream,
creek, waterway, drainageway, wetland, stormwater basin or structure,
or erosion-sensitive areas, or any environmentally sensitive areas
as determined by the Township, Pennsylvania Department of Environmental
Protection, or Lehigh County Conservation District.
G.
Livestock areas. No person shall operate, allow or permit the operation
of an ATV or dirt bike within 300 feet of any type of livestock.
No person shall operate an ATV or dirt bike on Township property
without the express written consent of the Township.
A.
Violations, public nuisance, persons liable. A violation of this
chapter shall be deemed a public nuisance and shall subject the owner
of the property and/or any person operating an ATV or dirt bike in
violation of this chapter to summary enforcement proceedings.
B.
Enforcement. The Code Enforcement Officer and other such appropriate
officers or agents of Weisenberg Township are hereby authorized to
make an initial determination of violation of and to enforce the provisions
of this chapter. An initial determination of violation of this chapter
shall result in a verbal warning to the occupant or owner or operator
of the ATV or dirt bike.
C.
Penalties. A second or subsequent violation of this chapter shall
be subject to summary enforcement proceedings and the appropriate
officers or agents of Weisenberg Township are hereby authorized to
seek equitable relief, including injunction, to enforce compliance
with the provisions of this chapter. Upon being found guilty of a
violation of this chapter, any violator shall be subject to a fine
of $600 for a second offense (following the first offense verbal warning)
and $1,000 for a third offense. Upon default in payment of a fine
and upon a guilty finding of a third or subsequent offense, the violator
may be subject to a term of imprisonment up to the maximum allowed
by law for a summary offense. Each day that a violation continues
or each section of this chapter that is found to be violated shall
be considered a separate violation.
A.
Incorporation by reference. To the extent applicable, this chapter
incorporates by reference thereto the provisions of the rules and
regulations relating to the "Pennsylvania Snowmobile and All-Terrain
Vehicle Law," as contained in Part 6, Chapter 77, of the PA Vehicle
Code, Title 75, enacted June 17, 1976, P.L. 162, No. 81, effective
July 1, 1977, as amended.[1]
[1]
Editor's Note: See 75 Pa.C.S.A § 7701 et seq.
B.
Severability. The provisions of this chapter shall be severable,
and if any provision hereof shall be declared unconstitutional, illegal
or invalid, such decision shall not affect the validity of any of
the remaining provisions of this chapter. It is hereby declared as
a legislative intent of the Township that this chapter would have
been amended as if such unconstitutional, illegal or invalid provision
or provisions had not been included herein.
C.
General repealer. All ordinances or parts of ordinances conflicting
or inconsistent with the provisions of this chapter hereby adopted
are hereby repealed.
D.
Effective date. The provisions of this chapter shall become effective
on the fifth day following enactment.
