TOWNSHIP OF HAMPTON
ORDINANCE NO. _____

 

AN ORDINANCE OF THE TOWNSHIP OF HAMPTON,
ALLEGHENY COUNTY, PENNSYLVANIA, DESIGNATED
AS ARTICLE ____ OF THE CODE OF THE TOWNSHIP
OF HAMPTON.

Article ____ Off Road Motor-Driven Vehicles

 

§ 310 - ___ Definitions.

As used in this Part, the following terms shall have the meanings indicated:

          Off Road Motor-driven vehicle or conveyance - any two-, three- or four-wheeled bicycle, vehicle or conveyance that is motor propelled or contains a motor to assist the operation of said vehicle and which vehicles are commonly referred to as dirt bikes, scooters, minibikes, go-carts, all-terrain vehicles (ATV's), utility vehicles (UTV's), snowmobiles, dune buggies and trail bikes, which vehicles by their nature and design are not intended to be used and operated along paved roads and highways but are intended rather to be operated in dirt, sand, up and down hills, along trails and in similar type areas for recreational use.

          Private property--a way or place in private ownership for the use and enjoyment of the owner and those having express or implied permission from the owner, but not by other persons.

           Public property--lands and buildings owned or leased by the Township of Hampton, the County of Allegheny, the Commonwealth of Pennsylvania or any other equivalent public body. Public property shall also include any parks, ballparks, recreation areas, lake areas, Township- owned streets, easements and sidewalks or areas dedicated to or commonly used for vehicular traffic or pedestrian traffic, Township storage facilities, Township garage area, and any and all other Township-owned and publicly owned lands and premises.

§310 - ___Off Road Motor-Driven Vehicles Prohibited.

          Subject to the exemptions hereof, it shall be unlawful for a land owner to permit anyone to operate any type of off road motor-driven vehicles or conveyances on a lot with less than 5 acres within any zoning district.

§310 -___ Additional Conditions:

Operation of off road motor-driven vehicles or conveyances on lots with 5 acres or greater must meet the following conditions:

A. On the private property of another there must be the express written permission of the owner or lawful occupant of the property. This prohibition shall prevail whether or not the vehicle or operator is licensed or unlicensed.

B. The landowner/lawful occupant shall not permit anyone to operate the aforesaid off road motor-driven vehicles or conveyances so as to make, continue or cause to be made or continue any loud, unnecessary or unusual noise or any noises which either annoys, disturbs, injures, or endangers the comfort, repose, health, peace or safety of others within the limits of the Township.

C. The landowner/lawful occupant shall not permit anyone to operate the aforesaid off road motor driven vehicle or conveyance other than during the hours of 10:00 a.m. to 6:00 p.m., any day of the week.

D. The landowner/lawful occupant shall not permit anyone to operate the aforesaid off road motor driven vehicles or conveyances in such a manner as to raise unnecessary dust or dirt, including the suspending of particle matter visible to the unaided or naked eye from a distance of 250 feet from the closest residential dwelling not owned by the landowner or the lawful occupant aforesaid.

E. The landowner/lawful occupant may not permit anyone to operate the off road motor driven vehicle or conveyance within 250 feet of a residential dwelling, not owned by the landowner or occupant.

F. Under no circumstances shall off road motor driven vehicles or conveyances be operated on any public street, public grounds, sidewalk, walkway, bike path, or paved right of way, which is primarily used for pedestrian traffic located in the Township of Hampton.

§310 - ___ Exemptions.

The following activities are exempt from the provisions of this Chapter:

A.Police and emergency vehicles. 


B. Farm or lawn maintenance vehicles specifically being used for farming activities, yard work and/or snow removal.

C. Lawn mowers, tractors, lawn, garden or similar equipment for residential use, provided that such equipment must operate only with, a factory-installed or functionally equivalent muffler.

§310 - ____ Confiscation by Police.

          The Police Department of the Township of Hampton may confiscate and impound the vehicle operated in violation of this Ordinance. The vehicle shall be returned to the owner thereof upon payment of any fine imposed as a result of the violation of this Ordinance and upon payment of any storage charges incurred as a result of the impoundment.

§310 - ____ Violations and Penalties.

          Any person, firm or corporation who shall violate any provision of this Ordinance, upon conviction thereof in an action brought before a magisterial district judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this Part continues or each Section of this Part which shall be found to have been violated shall constitute a separate offense. Should the owner of any unlicensed vehicle be subject to a second violation of the terms of this Part within a period of 6 months from the date of the first violation, the Police Department of the Township of Hampton or any law enforcement officer of the Township may impound the vehicle and shall sell the same pursuant to the provisions of the Pennsylvania Motor Vehicle Code, 75 Pa.C.S.A. §101 et seq., relating to the public sale of unclaimed vehicles.

 

ORDAINED AND ENACTED INTO LAW on this ______ day of ____________________, 20_____.

 

ATTEST:                                                 HAMPTON TOWNSHIP COUNCIL

__________________                                __________________
W. Christopher Lochner,
                    Victor D. Son,
Municipal Manager                             President of Council

 

APPROVED TO AS TO FORM

_______________________________
Vincent A. Tucceri,
Esquire Township Solicitor