[HISTORY: Adopted by the Borough Council
of the Borough of Downingtown 8-20-2014 by Ord. No. 2014-06.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 179,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:
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.
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.
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.
A.
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.
B.
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.
C.
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.
D.
Maximum numbers, facilities and events.
(1)
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.
(2)
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.
E.
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.
F.
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.
G.
Speed limitation. No person shall operate an ATV or dirt bike at
a speed greater than that reasonable and prudent considering the existing
conditions.
H.
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.
I.
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.
A.
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.
B.
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.
C.
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.
D.
All offenders convicted of violating this ordinance shall also pay
the costs of prosecution and in default of said payment of fines and
costs.
E.
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.
F.
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.
