[HISTORY: Adopted by the Borough Council of the Borough of
Coudersport 12-16-2020 by Ord. No. 625. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
I All-terrain Vehicles (Class I ATV's)'s) — A motorized off-highway vehicle which travels on three or more off-highway tires and which has a maximum width of 50 inches and a maximum dry weight of 1,200 pounds.
II All-terrain Vehicles (Class II ATV's)'s) — A motorized off- highway vehicle which travels on three or more off-highway tires and which has a width which exceeds 50 inches or a dry weight which exceeds 1,200 pounds.
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; vehicles used by the department, or any vehicle that is or is required to be registered under Chapter 13 of the Pennsylvania Vehicle Code (75 Pa.C.S.A. § 3101 et seq.) (relating to the registration of vehicles). 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 highway.
The Department of Conservation and Natural Resources of the
Commonwealth (DCNR).
A major lighting device to provide general illumination ahead
of a vehicle.
The entire width between the boundary lines of every way
publicly maintained when any part thereof is open to the use of the
public for purposes of vehicular traffic.
Any person who operates or is in actual physical control
of a snowmobile or all-terrain vehicle (ATV) described in this chapter.
Highway, other than an alley within the corporate limits
of a political subdivision and under the jurisdiction of the political
subdivision.
A device used to designate the rear of a vehicle by a warning
light.
A motor vehicle having a seat or saddle for the use of the
rider and designed to travel on not more than two wheels, which is
not registered and legal for operation on a state or federal highway.
A.
The Borough of Coudersport does hereby designate all Borough streets
as shared use snowmobile and all-terrain vehicle (ATV) roads. As shared
use roads, all roads in the Borough will be open for both vehicular
and snowmobile or all-terrain vehicle (ATV) traffic. Persons shall
operate a snowmobile or all-terrain vehicle (ATV) to the far right
side, shoulder, or inner slop of the ditch in the same direction as
traffic on Borough roads that are plowed, maintained, and named. Snowmobiles
and all-terrain vehicles may not exceed 15 mph while operating on
any Borough road and must be operated with their headlamps and tail
lamps on while moving. Snowmobiles and all-terrain vehicles (ATVs)
may not be operated in a careless, reckless, or heedless manner, which
endangers other persons or their property.
B.
Borough roads are hereby designated as snowmobile and all-terrain
vehicle (ATV) roads and shall be used only for the purpose of entering
the Borough to access services (food, gas, supplies, etc.), for the
purpose of leaving the Borough to gain access to snowmobile and/or
all-terrain vehicle (ATV) roads and trails outside of the Borough
Limits, for snow plowing or other property maintenance tasks, and
for no other purpose.
C.
Roads, highway and infrastructure which fall under the jurisdiction
of the Pennsylvania Department of Transportation, which include state-owned
infrastructures such as bridges as well as State Highways and US Route
6, are not included in this designation of Borough shared use roads
since they are not Borough roads. The roads which are not Borough
roads include but are not limited to: US Route 6; Pennsylvania Route
44; Allegany Avenue from Main Street to Borie Street; Borie Street;
Dingman Run Road; North Hollow Road; Pennsylvania Route 872; Buffalo
Street; that portion of South Main Street from Chestnut Street to
Larch Street; that portion of Locust Street from South Main Street
to Vine Street; that portion of Vine Street from Locust Street to
Larch Street; that part of Larch Street from Vine Street to South
Main Street. The Borough Council of the Borough of Coudersport shall
have authority, by resolution, to further clarify those streets and
roads which are not subject to being designated as Borough roads and
to otherwise designate those Borough roads which shall not be shared
use snowmobile and all-terrain vehicle (ATV) roads.
When making a direct crossing of streets or roadways, the operator
must:
A.
Bring the all-terrain vehicle (ATV) or snowmobile to a complete stop
before crossing.
B.
Yield to all on-coming traffic.
C.
Have both headlamp and tail lamp on when crossing.
D.
Cross at a 90° angle with respect to the street or highway.
E.
Only cross at a place where no obstruction prevents a quick and safe
crossing.
F.
Comply with any and all applicable Pennsylvania Laws.
Unless otherwise described herein or otherwise posted, individuals
may operate a snowmobile or all-terrain vehicle (ATV) on roadways,
streets and lanes which are physically located on property owned by
the Borough of Coudersport. The Borough Council of the Borough of
Coudersport shall be authorized, by resolution, to post or provide
notice of areas for which no person shall operate a snowmobile or
all-terrain vehicle on Borough owned property. The intent of this
section is to authorize operation of a snowmobile or all-terrain vehicle
(ATV) on Borough owned property which is a lane or road but to preclude
and prohibit such operation on other areas (such as lawns and open
space areas) of Borough owned property subject, of course, to the
Borough having the authority to prohibit the same by appropriate posting
(i.e. a lane on Borough property could be closed to such shared use
by resolution and posting).
A.
Owner or occupant. Only the owner or an occupant or their guests
or invitees shall be permitted to operate a snowmobile or all-terrain
vehicle (ATV) on private property.
B.
Access limitations. No person shall go on or cross the land of another
to operate a snowmobile or all-terrain vehicle without the written
permission of the landowner. Written permission shall be carried on
the person of the operator.
C.
Setback requirements. A person operating a snowmobile or all-terrain
vehicle (ATV) must remain at least 100 feet from any adjoining or
adjacent property line. A person operating a snowmobile or all-terrain
vehicle (ATV) must remain at least 100 feet from any building used
for residential purposes. The owner or resident of a residential dwelling
structure may give permission, in writing, to operate closer to his,
her or its owned building.
D.
Maximum numbers. No more than two snowmobiles or all-terrain vehicles
(ATVs) may be operated on private property at one time.
E.
Dust and debris limitation. No person shall operate a snowmobile
or all-terrain vehicle (ATV) in any manner which creates dust or debris
which crosses onto adjoining or adjacent property. Visible dust, mud
or debris shall not leave the property boundaries of the parcel where
vehicles governed by this chapter are operated.
F.
Time limitation. Operation of snowmobiles and/or all-terrain vehicles
(ATVs) on private property will be limited to a one-hour session with
a minimum of three hours rest before the next operation of the vehicle.
The rest period must be provided to prohibit disturbance of the peace
within the Borough. Operation within the prohibited time period, or
not complying with time limitations, shall be considered a disturbance
of the peace within the Borough.
It shall be unlawful for any person, corporation, partnership
or any other entity to operate a snowmobile or all-terrain vehicle
(ATV) between the hours of 10:01 p.m. prevailing time of one day to
6:59 a.m. prevailing time the next day for each day of the week. It
is, provided however, that the hours of operation on Friday and Saturday
shall extend to midnight.
No person shall operate a snowmobile or all-terrain vehicle
(ATV) without an effective and suitable muffling device on its engine
which efficiently deadens or muffles the noise of the exhaust. At
no point shall the sound intensity produced by a snowmobile or all-terrain
vehicle (ATV) exceed 85 decibels of sound when measured at 20 inches
in accordance with ANSII SAE standards J-1287. It is recognized, however,
that there exist other provisions in the Coudersport Borough Code
of Ordinances that set forth limitations, restrictions and penalties
regarding noise. It is not the intent of this chapter to repeal or
modify such other limitations, restrictions and penalties. In a case
of conflict, the more severe limitation, restriction and penalty shall
apply.
No person shall operate a snowmobile or all-terrain vehicle
(ATV) at a speed greater than 15 mph within the Borough.
Any person who operates a snowmobile or all-terrain vehicle
(ATV) within the Borough of Coudersport shall do so only in full compliance
with the provisions of applicable Pennsylvania Laws, including but
not limited to the Pennsylvania Snowmobile and All-Terrain Vehicle
Law, 75 Pa.C.S.A. § 7701 et seq. This includes, but is not
limited to, registration, licensing, insurances, operation of vehicles,
age limitations, certification requirements, and operation under the
influence of drugs or alcohol.
All snowmobiles and all-terrain vehicles (ATVs) must be registered
with DCNR and properly insured. The registration plate with expiration
sticker must be affixed to the snowmobile and/or all-terrain vehicle
(ATV) and visible. A valid insurance card or other proof of insurance
must be on the person of the operator while the vehicle is being utilized.
The designation, of streets and highways within the Borough
as shared use snowmobile and all-terrain vehicle (ATV) roads does
not impose liability on the Borough for any property damage or personal
injuries that may result from the traveling of snowmobiles and/or
all-terrain vehicles (ATVs) on said roads. It is also the intent of
this chapter that the Borough of Coudersport shall retain to the fullest
extent permitted by law all defenses and immunities, including but
not limited to sovereign immunity which currently exists or shall
come into existence. Further, it is the intent of this chapter that
operators and their passengers are deemed to be aware that operation
and use of all-terrain vehicles (ATVs) and snowmobiles are inherently
risky activities and that those individuals which engage in such activities
assume all risk related to said activities.
The Coudersport Borough Council reserves the right to revoke
the designation as a shared use snowmobile and all-terrain vehicle
(ATV) road and to close any and all designated shared use snowmobile
and all-terrain vehicle (ATV) roads at any time, at their discretion,
by subsequent resolution.
A.
Violations a public nuisance; persons liable. A violation of this
chapter shall be deemed a public nuisance and shall subject any person
operating a snowmobile and/or all-terrain vehicle (ATV) or property
owner in violation of this chapter to summary enforcement proceedings.
B.
Enforcement and penalties. The Coudersport Borough Police Department,
the PA State Police, and such persons as may from time to time be
designated by the Borough are authorized to make a determination of
a violation of, and to enforce, the provisions of this chapter. Such
determination of a violation of this chapter shall subject the violator
to summary enforcement proceedings and shall upon being found guilty
thereof subject the violator to the following: in the case of the
first violation of this chapter, the violator shall be subject to
a fine of not less than $100 nor more than $500; for the second offense,
the violator shall be subject to a fine of not less the $300 and no
more than $600; for third and subsequent offenses, the violator shall
be subject to a fine of not less than $500 nor more than $1,000. Upon
a finding of a second or subsequent offense, the violator may also,
in addition to a fine, be subject to a term of imprisonment, in the
discretion of the Court, to incarceration not to exceed 30 days. Each
day that a violation continues or each section of this chapter that
is found to be violated shall be considered a separate violation.
C.
All offenders convicted of violating this chapter shall pay the costs
of prosecution and all lawful fees which might be imposed by the court
relating to of the offense. All offenders in default of the payment
of the fine and costs, shall, in accordance with applicable law and
with discretion of the court, be imprisoned for a term not to exceed
30 days.
D.
Any person in violation of this chapter may also be subject to civil
proceedings for damages and subject to injunctive relief by the property
owner, any entity injured or damaged by such violation or by the Borough
of Coudersport.
E.
Both criminal and civil proceedings may be commenced against a person
violating this chapter and commencement of any such proceedings shall
not constitute an election of remedies preventing the commencement
of the other proceedings against such violator. The Borough of Coudersport
shall have the right to proceed against any violator by means of injunctive
relief if, in the discretion of the Borough Council of the Borough
of Coudersport, such action is warranted.
All other ordinances or parts thereof, which are in conflict
with this chapter, are hereby repealed.
The provisions of this chapter are severable, and if any section,
clause, sentence, part, or provision thereof shall be held illegal,
invalid, or unconstitutional by any court of competent jurisdiction,
such decision of the court shall not affect or impair the remaining
sections, clauses, sentences, parts, or provisions of this chapter.
It is hereby declared to be the intent of the Borough Council that
this chapter would have been adopted if such illegal, invalid, or
unconstitutional section, clause, sentence, part or provision had
not been included herein.
Be it further ordained and enacted that this chapter and the
provisions hereof shall become effective upon its enactment.
