[HISTORY: Adopted by the Board of Supervisors of the Township of Bern 6-8-1985 by Ord. No. 85. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
ENGINE-POWERED VEHICLE
Includes all wheel- and belt-driven vehicles powered by internal combustion engines, including but not limited to motorcycles, motorbikes, trail bikes, motor scooters, snowmobiles, all-terrain vehicles, etc., but shall not be construed to include properly licensed motor vehicles operated upon the public highways, streets, roads and private driveways in accordance with law, agricultural equipment used in the course of farming, commercial equipment being properly used in the trade or business of the owner by such owner's employees or agents, or lawn cutting or snow removal equipment.
OFFICER
Any uniformed policeman authorized to act within Bern Township, any constable authorized to act within Bern Township, any game warden or similar state official or any officer appointed by the Bern Township Board of Supervisors to act as an agent of enforcement hereunder.
A. 
On and after the effective date hereof, it shall be unlawful for any person to operate, cause to be operated or to participate in the operation of any engine-powered vehicle upon the public roads, streets, highways, alleys, sidewalks, footpaths, parks or property situate within the Township of Bern.
B. 
On and after the effective date hereof, it shall be unlawful for any person to operate, cause to be operated or to participate in the operation of any engine-powered vehicle upon any property belonging to anyone other than the operator or driver of such vehicle unless said operator has obtained prior written permission from the owner of said property.
C. 
On and after the effective date hereof, it shall be unlawful for any person to operate, cause to be operated or to participate in the operation of any engine-powered vehicle between the hours of 9:00 p.m. and 7:00 a.m. prevailing time, within a distance of 1/2 mile of any private residence situate in the Township of Bern without first obtaining the prior written consent of the owner or owners of such private residence or residences or the legal occupants thereof.
D. 
All persons who are operators or passengers on engine-powered vehicles shall be equipped with necessary safety equipment which shall include but not be limited to, a protective safety helmet, safety glasses and/or face shield.
A. 
All persons desiring to operate engine-powered vehicles as herein described under the terms and conditions stated herein shall, before operating said engine-powered vehicle, make written application to the Township Supervisors for an engine-powered vehicle permit, which application shall be made upon a form provided and approved by the Township Chief of Police.
B. 
Each application for permit shall be accompanied by a fee of $5. Each applicant at the time application is made must display the safety equipment heretofore required and the engine-powered vehicle for which the permit is sought shall be equipped with appropriate spark arresters or similar equipment designed to minimize the risk of fire.
C. 
If the operator of the motorbike is to be a person under the age of 18 years, the application shall be submitted and signed by the parent or guardian of said minor operator.
D. 
Upon the issuance of such permit, a registration certificate shall be issued to the applicant and shall be affixed to the engine-powered vehicle in a conspicuous place.
The operation of any engine-powered vehicle by an operator under the age of 18 years, whether or not the same is in violation of this chapter, shall be conclusively presumed to be with the consent of the parent(s) or guardian(s) with whom that operator resides.
A. 
Any person, whether as principal, agent or employee, who violates or permits a violation of this chapter, upon being found liable therefor in a civil enforcement proceeding, shall pay a fine of not more than $600, plus all court costs, including reasonable attorney's fees, incurred by the township in the enforcement of this chapter. No judgment shall be imposed until the date of the determination of the violation by the District Justice and/or Court. If the defendant neither pays nor timely appeals the judgment, the township may enforce the judgment pursuant to the applicable rules of civil procedure. Each day a violation exists shall constitute a separate offense. Further, the appropriate officers or agents of the township are hereby authorized to seek equitable relief, including injunction, to enforce compliance herewith.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
Any officer, as defined herein, upon personal observation of violation of any provision of this chapter, shall be empowered to confiscate and impound any engine-powered vehicle from the person operating the same in violation hereof, and shall remove it to the Bern Township Municipal Garage or other municipal facility where the same shall remain until such time as the charges filed against the alleged violator are disposed of by the District Justice, but in no event shall any engine-powered vehicle be impounded for a period of more than 30 days. Any person from whom an engine-powered vehicle was confiscated and impounded shall, upon conviction, be required to pay any towing or transportation fee incurred by the township before the impoundment is terminated.
In addition to all of the foregoing penalties, and not in substitution thereof, the operation of any engine-powered vehicle in violation of this chapter, is declared to be a public nuisance enjoinable in a court of equity, and the Bern Township Supervisors are authorized to prosecute an action in equity to enjoin the same.