[HISTORY: Adopted by the Borough Council of the Borough of Baldwin 2-20-2000 by Ord. No. 739. Amendments noted where applicable.]
It shall be unlawful for any individual to operate any type of unlicensed motor-driven vehicle, including, but not limited to, snowmobiles, two-wheel vehicles known as "minibikes," trail bikes, motor scooters, four-wheel motor vehicles known as "go-carts," multiple wheeled, three-wheel motorcycles, and all-terrain machines or vehicles, under the following conditions:
On the private property of another without the express written permission of the owner or occupant of the property. This prohibition shall prevail whether or not the vehicle or operator is licensed or unlicensed.
On any public street or public grounds located within the Borough of Baldwin.
To operate said unlicensed motor-driven vehicles or conveyances so as to create loud and unnecessary or unusual noises so as to disturb or interfere with the peace and quiet of the residents of the Borough of Baldwin.
For the purpose of determining and classifying any noise as excessive, loud, unnecessary or unusual, as prohibited by this chapter, the following test measurement and requirements may be applied; provided, however, that a violation of this chapter may occur without the following measurements being made:
The noise shall be measured within the Borough at a distance of at least 25 feet from a noise source located within the public right-of-way and, if the noise source is located on private property or public property other than the public right-of-way, from the property line on which the noise source is located.
The noise shall be measured on a sound level meter, which is defined as an instrument standardized by the American Standard Association and used for measurement of the intensity of sound and calibrated in decibels. Readings shall be made on a db(A) scale.
A noise measured or registered as provided above from any unlicensed motor vehicle as set forth herein of more than 80 decibels on the A-weighting scale in intensity shall be and is hereby declared to be excessive and unusually loud and unlawful. A "decibel" (db) is defined as a unit of sound-pressure management, as defined by the American National Standards Institute, with one decibel, or a db, referring to a sound pressure of 0.0002 microbars.
To operate the aforesaid unlicensed motor-driven vehicles upon private or public property earlier than one hour after daylight and later than one hour before dark.
To operate the aforesaid unlicensed motor-driven vehicles in a careless, negligent, or reckless manner so as to endanger, or be likely to endanger, the safety of any property or person, including the operator of said vehicle.
To operate the aforesaid unlicensed motor-driven vehicles or conveyances within a distance of 400 feet of a residence or occupied or inhabited building or structure.
To operate the aforesaid unlicensed motor-driven vehicles or conveyances in such a manner as to raise unnecessary dust or dirt. For the purpose of this provision, unnecessary dust or dirt shall mean suspended particle matter visible to the unaided or naked eye from a distance of 50 feet.
The provisions of this chapter shall not apply to police and emergency vehicles.
The Police Department of the Borough of Baldwin or any law enforcement officer of the Borough of Baldwin shall confiscate and impound the unlicensed vehicle operated in violation of § 159-1 of this chapter. The unlicensed vehicle shall be returned to the owner thereof upon payment of any fine imposed as a result of the violation of this chapter and upon payment of any storage charges incurred as a result of the impoundment.
Any person or individual violating any provision of this chapter shall, upon conviction thereof before a District Justice, be subject to a fine not to exceed $300 or imprisonment for a period not to exceed 30 days, or both. Should the owner of any unlicensed vehicle be subject to a second violation of the terms of this chapter within a period of six months from the date of the first violation, the Police Department shall impound the vehicle and shall sell the same pursuant to the provisions of the Pennsylvania Motor Vehicle Code pertaining to forfeited vehicles.