The use of a motorized dirt bike and/or an ATV is not allowed on lots of less than two acres in size within the Town of Landis. All lots two acres or more must comply with the additional conditions to include:
(A) Setbacks. Established riding area for a motorized dirt bike and/or ATV is to be located no closer than 100 feet from any lot line, or 50 feet if a fence, approved by the town, has been constructed along the lot line by the lot owner.
(B) Environmental nuisance abatement. Dust and noise control measures are to be maintained by the lot owner in a manner to insure that adjoining property owners are not adversely affected by dust and noise due to Motorized Dirt Bike and/or ATV use. Observation of these adverse conditions by any officer of the Landis Police Department, with or without complaint of the stated adjoining property owners, shall also be deemed sufficient to require dust and noise controls to be utilized. Said activities being a public nuisance and pursuant to G.S. § 160A-143, persons or entities shall insure the abatement of the same as follows.
(1) Dust control measures shall include, but are not limited to, the planting of 12 foot high coniferous trees planted ten feet on center, or the construction of a six foot minimum board on board style fence.
(2) A motorized dirt bike and/or ATV must have a federally approved spark arrestor, the noise emission may not exceed 99 decibels at a distance of 20 inches at idle and mufflers may not be altered to increase motor noise, or have a cut-out bypass, or similar device.
(3) Operation of a motorized dirt bike and/or ATV shall not be allowed on either primary or secondary septic sites.
(4) Any unvegetated established riding area must be watered down before, during, and after usage as needed to limit dust.
(C) Periods of operation.
(1) No more than two riders that are unrelated to the immediate household members that reside in the dwelling on the lot may operate a motorized dirt bike and/or ATV on the lot.
(2) A motorized dirt bike and/or ATV may only be operated on the lot during the following times: Monday through Friday, 9:00 a.m. through 7:00 p.m.; and on Saturdays and Sundays, 1:00 p.m. through 5:00 p.m. Operation of a motorized dirt bike and/or ATV must cease for a minimum of one hour after every hour of riding.
(D) Operation of a motorized dirt bike or ATV on town owned property shall be prohibited except as noted in § 70.27(A) of the code for the town.
(Ord. passed 7-13-2009; Am. Ord. passed 8-6-2012)