[HISTORY: Adopted by the Borough Council of the Borough of Downingtown 8-20-2014 by Ord. No. 2014-06. Amendments noted where applicable.]
Editor's Note: This ordinance also repealed former Ch. 179, Minibikes and Motorcycles.
As used in this chapter, the following terms shall have the meanings indicated:
- ALL-TERRAIN VEHICLE (ATV)
- Any motorized off-road recreational vehicle capable of cross-country travel on land, snow, ice, marsh, swampland or other natural terrain, including but not limited to a multi-track, multi-wheel or low pressure tire vehicle or related two-wheel, three-wheel, four-wheel or belt-driven vehicle, or an amphibious machine. The definition of ATV excludes golf carts, construction machines, utility vehicles used for business operations, agriculture, yard work, landscaping, snow removal or otherwise being used in the reasonable maintenance of a person's private property, or motorized vehicles being used for law enforcement, fire, emergency, military or other authorized governmental purposes.
- DIRT BIKE
- A motorcycle with tires and suspension designed and built for riding on unpaved roads and over rough terrain.
- A person who resides on the property in question.
- To use in any manner within the boundaries of the Borough of Downingtown, Chester County, Pennsylvania.
- Any person who has legal or equitable title to the property on which an ATV or dirt bike is being operated.
- An individual, group of individuals, partnership, firm, association or any other entity.
- PRIVATE PROPERTY
- Any land, rights-of-way, roads or other real property owned, maintained, or otherwise under the control of any person or entity other than the Borough of Downingtown, Chester County and not available for general use by the public.
Registration of vehicles governed by this chapter is required in accordance with the registration provisions of Pennsylvania law. Proof of registration in the nature of copies of the registration documents required by state law shall be supplied to Borough Police or the Borough's designee when requested in the course of enforcing the provisions of this chapter.
Any person who operates an ATV within the Borough of Downingtown shall do so only in full compliance with the provisions of Pennsylvania law including but not limited to, registration and licensing.
Owner or occupant. Only the owner or occupant or their guests or invitees shall be permitted to operate an ATV or dirt bike on private property.
Access limitation. No person shall go on or cross the land of another with an ATV or dirt bike without the written permission of the owner, which written permission shall be carried on the person of the operator. No person shall operate an ATV or dirt bike on state or Borough road unless properly registered and licensed for such purpose.
Setback requirements. A person operating an ATV or dirt bike on private property must remain at least 100 feet from any adjoining or adjacent property line, and must remain at least 150 feet from an off-site residential dwelling.
Maximum numbers, facilities and events.
The operation of more than four ATVs operating at one time requires an event or facility permit from the Borough, provided such event or facility is otherwise a permitted use under applicable Borough ordinances.
Where one or more structures, a track, a course, or one or more obstacles, including dirt mounds, are installed or arranged for use by vehicles regulated under this chapter, a facility or event permit shall be obtained from the Borough, in those areas where such facilities or events may be permitted under applicable Borough ordinances. Otherwise, such facilities and events are prohibited. Compliance with all Borough ordinances, including required erosion and sedimentation controls, prior to the installation and use of these facilities by the vehicles governed under this chapter.
Time limitations. It shall be unlawful for any person to operate an ATV or dirt bike for recreational purposes between the hours of 9:00 p.m. and 7:00 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. The rest period must be provided to prohibit disturbance of the peace within the Borough. Operation within this prohibited time period shall be considered a disturbance of the peace with the Borough.
Noise limitation. No person shall operate an ATV or dirt bike without an effective and suitable muffling device on its engine which efficiently deadens or muffles the noise of the exhaust. Operation of an ATV or dirt bike shall be subject to and compliant with the noise limitations, restrictions and requirements set forth in Chapter 182, Noise.
Speed limitation. No person shall operate an ATV or dirt bike at a speed greater than that reasonable and prudent considering the existing conditions.
Dust limitation. No person shall operate any ATV or dirt bike in any manner which creates dust which crosses on to any 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.
Environmental sensitive area limitation. No person shall operate, allow or permit the operation of an ATV or dirt bike within a stream, creek, waterway, drainage way, wetland, erosion sensitive area, floodplain, or within 50 feet of such environmentally sensitive area.
Violations a public nuisance; persons liable. A violation of this chapter shall be deemed a public nuisance, and shall subject the owner of the property and any person operating an ATV or dirt bike in violation of this chapter to summary enforcement proceedings.
Enforcement; first offense. The Borough of Downingtown Police Department, the Pennsylvania State Police and such persons as may from time to time be designated by the Borough are authorized to make an initial determination of a violation of, and to enforce, the provisions of this chapter. An initial determination of a violation of this chapter shall result in a verbal warning to the occupant, or owner and the operator of the ATV or dirt bike.
Penalties. A second or subsequent violation of this chapter shall be subject to summary enforcement proceedings and upon being found guilty thereof shall subject the violator to a fine of $600 for a second offense (following a 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.
All offenders convicted of violating this ordinance shall also pay the costs of prosecution and in default of said payment of fines and costs.
Any person guilty of a violation of the within chapter may also be subject to civil proceedings for damages and/or injunctive relief by the property owner and any entity injured or damaged by such violation.
Both criminal and civil proceedings may be commenced against a person violating the within chapter and commencement of any such proceedings shall not constitute an election of remedies preventing the commencement of the other proceedings against such violator.