[HISTORY: Adopted by the Board of Supervisors of the Township
of Pocopson 9-27-2021 by Ord. No. 1-2021.[1] Amendments noted where applicable.]
[1]
Editor's Note: Former Ch. 12, Alarms, adopted 10-26-1992 by
Ord. No. 5-1992, as amended, was repealed 10-16-2017 by Ord. No. 5-2017.
As used in this chapter, the following terms shall have the meanings indicated. Terms used in this chapter that are defined in Chapter 125 of the Pocopson Township Code, titled "Noise," shall have the meanings set forth in Chapter 125.
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 go-carts and multi-track, multi-wheel
or low pressure tire vehicles or similar two-wheel, three-wheel, four-wheel
or belt-driven vehicles, 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. The definition also excludes mopeds, pedalcycles,
motor-driven cycles or motorcycles, as those terms are defined by
the Pennsylvania Motor Vehicle Code.
A motorcycle with tires and suspension designed and built
for riding on unpaved roads and over rough terrain. The definition
of "dirt bike" shall also include minibikes or any similar type of
motorized bike and motorcycles not equipped with the required equipment
or instruments to pass Pennsylvania Department of Transportation inspection
and registration requirements.
To use in any manner within the boundaries of Pocopson Township,
including but not limited to engine idling, engine revving, and vehicle
operation and movement. The term "operate" shall not include engine
idling, engine revving and vehicle operation related to normal maintenance
and repair of ATVs and dirt bikes.
Any person who has legal title to the real property on which
an ATV or dirt bike is being operated.
A.
Public space. No person shall operate any ATV or dirt bike on any
public space.
B.
Owner permission. No person shall operate any ATV or dirt bike on
private property without the written permission of the owner of the
private property.
C.
Operation on public right-of-way. No person shall operate any ATV
or dirt bike on a public right-of-way unless the ATV or dirt bike
is properly registered with the Commonwealth of Pennsylvania for such
purpose and bears a current and valid registration plate, and safety
and emissions inspection stickers, as applicable.
D.
Acreage and setback requirements. No ATV or dirt bike shall be operated
on any property with a gross lot size of less than two acres in order
to provide for adequate separation from adjacent properties and occupied
structures on adjacent properties. No ATV or dirt bike shall be operated
within 100 feet of any property line unless the operator has written
consent of the owner of the abutting property.
E.
Noise and time limitations. No person shall operate an ATV or dirt bike in such a manner as to be plainly audible across a property line except between the hours of 8:00 a.m. and sunset every day of the week. All ATVs and dirt bikes operated in the Township shall be equipped with a muffler or other effective noise-suppressing system in good working order and in constant operation. A muffler or exhaust system shall not be equipped with a cutout, bypass or similar device. All ATVs and dirt bikes operated in the Township shall also be subject to and compliant with the noise limitations, restrictions and requirements set forth in Chapter 125 of the Pocopson Township Code.
F.
Dust limitation. No person shall operate any ATV or dirt bike in
a manner which creates dust which crosses onto 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.
G.
Environmentally sensitive area limitation. No person shall operate,
allow or permit the operation of an ATV or dirt bike within a stream,
creek, waterway, drainageway, wetland, floodplain or within 50 feet
of such environmentally sensitive areas.
Any person who violates or permits the violation of any provision
of this chapter shall, upon being found liable thereof in a criminal
enforcement proceeding, pay a fine of not more than $1,000, plus court
costs and reasonable attorneys' fees, and may be incarcerated
for a period not exceeding 90 days for each and every violation. Such
fine, costs, attorneys' fees, and incarceration, after being
reduced to a final, unappealed judgment, shall be enforced by the
Township pursuant to the applicable Rules of Criminal Procedure. The
Township Code Enforcement Officer and Pennsylvania State Police have
authority to initiate criminal enforcement proceedings in order to
achieve compliance with this chapter.
