[HISTORY: Adopted by the Borough Council of the Borough of Baldwin 11-15-2016 by Ord. No. 872. Amendments noted where applicable.]
Vehicles and traffic — See Ch. 154.
Vehicles, impounding of — See Ch. 157.
Vehicles with studded tires — See Ch. 160.
Editor's Note: This ordinance also superseded former Ch. 159, Vehicles, Unlicensed and All-Terrain, adopted 2-20-2000 by Ord. No. 739.
This chapter seeks to improve the safety and quiet enjoyment of individuals living and/or doing business in the Borough of Baldwin, and to eliminate noise and dust and other air and ground pollution incident to the operation of ATVs, dirt bikes or other recreational motor vehicles on property within the limits of the Borough. This chapter also seeks to advance the purposes set forth in the Baldwin Borough Zoning Ordinance and is intended to prevent a public nuisance.
As used in this chapter, the following terms shall have the meanings indicated:
- A person who is legally entitled to reside on the property on which an ATV, dirt bike or other recreational motorized vehicle is being operated.
- A person who is operating an ATV, dirt bike or other recreational motorized vehicle.
- Any person who has legal or equitable title to the property on which an ATV, dirt bike or other recreational motorized vehicle is being operated.
- RECREATIONAL MOTORIZED VEHICLES
- A recreational motorized vehicle is defined for purposes of this chapter as follows: any self-propelled motorized vehicle used for recreational purposes, including a trail bike or other all-terrain vehicle, dirt bike, motor scooter, moped or snowmobile being used for off-road recreational purposes.
- A. "All-terrain vehicle," or ATV, for the purposes of this chapter, means any motorized vehicle with three wheels or four wheels designed for use off of paved trails or roads which operates on three or more inflatable tires which are 1) a maximum of 50 inches and a maximum dry weight of 800 pounds (Class 1 ATV), or 2) a width which exceeds 50 inches or a dry weight which exceeds 1,000 pounds (Class 2 ATV). The term "ATV" shall include all-terrain vehicles as described above, "quads," "quad bikes," and tandem ATVs.
- B. "Motor scooter," for purposes of this chapter, means a vehicle that has motive power, a seat, but not a saddle, for the driver, two wheels, and a floor pad for the driver's feet and is not a vehicle intended for use due to health issues or disability of the operator.
- For the purposes of this chapter, the term "shall" is always mandatory and not discretionary.
It shall be unlawful for any individual to operate an ATV, dirt bike or other recreational motorized vehicle, as defined above, on any public or private street or public or private property in the Borough of Baldwin, except under the conditions set forth in § 159-4 herein.
Specifically excluded from this chapter are all ATVs, dirt bikes and other recreational motorized vehicles used by the Baldwin Borough Police Department for law enforcement purposes and other municipal and government employees, including military personnel, using said vehicles for the purpose of carrying out the functions of their official positions.
Excluded from this chapter are motorized wheelchairs or scooters or other necessary equipment used to transport an individual due to that individual's physical disability or medical condition as certified by a medical doctor.
Also excluded from this chapter are off-road motorized vehicles used as utility vehicles for agricultural purposes, snow plowing/removal, lawn care, brush clearing of landowner's property, or any other "reasonable" property maintenance and/or landscaping.
Operation of recreational motorized vehicles is allowed between the hours of 11:00 a.m. and 8:00 p.m. or sunset, whichever comes first. Operation in residential districts on Sundays is prohibited, except operation for maintenance only, which is to be limited to no more than one hour between 11:00 a.m. and 8:00 p.m. or sunset, whichever comes first.
Operation of recreational motorized vehicles must not be within 500 feet of any residential property line.
Recreational motorized vehicle riders must show written proof that property owners have allowed them to ride on their property.
Operation of recreational motor vehicles must not be done in a way 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.
Man-made tracks and/or courses designed for racing recreational motor vehicles or other recreational purposes are prohibited in all residential districts within the Borough of Baldwin.
All recreational motorized vehicles must be operated in a manner that does not violate any local, state or federal laws.
To the extent applicable, this chapter incorporates by reference Pennsylvania's All-Terrain Vehicle Law as contained in Part 6, Chapter 77 of the Pennsylvania Vehicle Code and state regulations set forth in Title 17 Pa. Code, Chapter 51. All provisions shall be strictly enforced.
A violation of this chapter shall be deemed a public nuisance and a summary offense and shall subject the owner/occupant of the property and/or any person operating an ATV, dirt bike or other recreational motorized vehicle in violation of this chapter to summary offense enforcement proceedings.
The Baldwin Borough Police Department and the Code Enforcement Officer(s) of the Borough of Baldwin are hereby authorized to make an initial determination of violation of this chapter and to enforce provisions of this chapter.
All enforcement officers in the state, including local and state police, shall have the authority, as set forth in Pennsylvania's Snowmobile and All-Terrain Vehicle Law and state regulations, to enforce Pennsylvania's Snowmobile/ATV Law, with municipal and state police having enforcement authority on private land.
Any violation of this chapter shall be within the jurisdiction of the District Justice whose jurisdiction covers the Borough of Baldwin as well as courts from which the District Judge's decision may, under the statutes of the Commonwealth of Pennsylvania, be appealed.
Any person violating any provision of this chapter shall be fined $100 plus the costs of prosecution, for his or her first offense; $250 plus the cost of prosecution for his or her second offense; and $1,000 plus the cost of prosecution for his or her third or subsequent offense, as well as impoundment of the vehicle. A separate offense shall be deemed committed each day during or on which a violation occurs or continues.
Violation of this chapter shall be a summary offense, subject to summary enforcement proceedings and the appropriate officers or agents of the Borough of Baldwin are hereby authorized to seek equitable relief, including injunction, to enforce compliance with this chapter. Upon default in payment of a fine and upon a guilty finding of violation of this chapter, the violator may be subject to a term of imprisonment up to the maximum allowed for a summary offense.
Upon the third or subsequent offense for violation of this chapter, the Police Department of the Borough of Baldwin or the Code Enforcement Officer of the Borough may confiscate and impound any vehicle operated in violation of this chapter. The 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 charge incurred as a result of the impoundment.
In this chapter, the use of the singular shall include the plural, and the use of headings is for convenience only.
If a section, provision or part of this chapter shall be judged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any sections, provisions or parts thereof not adjudged invalid or unconstitutional.
This chapter shall be in full force and effect from the date of its adoption by the Baldwin Borough Council and upon publication provided by law.