(1) All-Terrain Vehicle (ATV) shall have the same meaning as used in Section 7702 of the Vehicle Code, 75 Pa. C.S. § 7702.
(2) Dirt Bike shall mean a motorcycle, as defined in Section 102 of the Vehicle Code, 75 Pa. C.S. § 102, that: (1) is not licensed or registered, and (2) does not meet the minimum equipment requirements of Subchapter H of 67 Pa. Code Chapter 175 in Pennsylvania as a motorcycle, with tires and suspension designed and built for riding on unpaved roads and over rough terrain.
(3) Dune Buggy shall mean a low, wide-wheeled motor vehicle that: (1) is not licensed or registered, and (2) does not meet the minimum equipment requirements of Subchapter E of 67 Pa. Code Chapter 175 in Pennsylvania, with tires and suspension designed and built for riding on sand and over rough terrain.
(4) Off-Road Vehicle shall be defined as an ATV, Dune Buggy, or Dirt Bike as defined herein.
(5) No person shall operate, park, stop, stand, place or maintain any all-terrain vehicle on any public sidewalk or any public property, including without limitation any park or recreation facility, except where expressly authorized by law; provided that the owner or a person with lawful permission of the owner may temporarily place an all-terrain vehicle on the sidewalk abutting his or her house or abutting any premises where the vehicle is lawfully stored, for purposes of lawfully transporting the vehicle to a location outside the City. Nothing in this Section prohibits the lawful transport of an all-terrain vehicle on a licensed trailer or other safe carrier, or the manual transport of a vehicle onto or off of such carrier, so long as the motor or engine of the all-terrain vehicle remains off at all times.
(6) No person shall operate, park, stop, stand, place or maintain any Dirt Bike, or Dune Buggy on any public sidewalk or any public property, including without limitation any park or recreation facility, except where expressly authorized by law; provided that the owner or a person with lawful permission of the owner may temporarily place a Dirt Bike or Dune Buggy on the sidewalk abutting their house or abutting any premises where the Dirt Bike or Dune Buggy is lawfully stored, for purposes of lawfully transporting the Dirt Bike or Dune Buggy to a location outside the City. Nothing in this Section prohibits the lawful transport of a Dirt Bike or Dune Buggy on a licensed trailer or other safe carrier, or the manual transport of a vehicle onto or off of such carrier, so long as the motor or engine of the Dirt Bike or Dune Buggy remains off at all times.
(7) The penalty for a violation of this Section, or for violation of any regulation of the Department of Parks and Recreation relating to operating, parking, stopping, standing, placing or maintaining any Off-Road Vehicle, shall be forfeiture of the Off-Road Vehicle; provided that, if the value of the Off-Road Vehicle, in its current condition, is in excess of two thousand dollars ($2,000), or if the defendant does not own the Off-Road Vehicle and the owner did not know and could not reasonably have known that the Off-Road Vehicle would be used in violation of this Section, a civil penalty of two thousand dollars ($2,000) shall be imposed.
(8) Enforcement.
(a) Notices of violation shall be issued by police officers or any other person authorized to enforce ordinances, pursuant to the procedures set forth in Section 10-1606 of this Code. Contested charges shall be resolved, penalties shall be imposed, and payments shall be collected and processed by the Director of Finance and the Office of Administrative Review (or such other office as the Director of Finance shall designate), all pursuant to the procedures set forth in Sections 10-1604 through 10-1609, except that:
(.1) Any person to whom a ticket is issued may, within eight (8) days of receipt, agree to forfeit the Off-Road Vehicle in lieu of contesting the violation and in lieu of any other fines or penalties.
(.2) An order by default may be vacated pursuant to subsection 10-1608(4) only within sixty (60) days after its entry.
(b) Seizure. In addition to issuance of a notice of violation, whenever a police officer has probable cause to believe an Off-Road Vehicle has been used or is being used in violation of this Section, the officer may seize the Off-Road Vehicle, whereupon the Police Department shall comply, as nearly practicable, with the provisions of subsections 12-2405(2)-(5) ("Removal or Immobilization of Parked Vehicles: Notice"), except that no Off-Road Vehicle shall be returned to the owner other than pursuant to this Section 12-1133. The Police Department shall store the Off-Road Vehicle until a final adjudication of the offenses, at which time:
(.1) If forfeiture is not awarded, the Police Department shall return the Off-Road Vehicle to the owner upon payment of all applicable fines, penalties and fees and compliance with all applicable laws relating to the Off-Road Vehicle.
(.2) If forfeiture is awarded, the Police Department shall dispose of the Off-Road Vehicle in an appropriate manner, which may include destruction of the Off-Road Vehicle or such other manner of disposition that, in the judgment of the Department, reduces, to the greatest extent practicable, the opportunities for the Off-Road Vehicle to be used in any manner that violates the provisions of this Section or the Vehicle Code.
(9) A person who claims their Off-Road Vehicle was wrongfully seized, including an owner who did not know and could not reasonably have known that the Off-Road Vehicle would be used in violation of this Section, may seek return of the Off-Road Vehicle pursuant to the procedures set forth at Section 12-2406 ("Recovery of Vehicles; Hearings"), with any hearing to be scheduled as expeditiously as practicable.
Notes
| 191 | Added, Bill No. 120725-A (approved November 13, 2012). Section 2 of Bill No. 120725-A provides: "This Ordinance shall be effective March 1, 2013, provided that no penalties shall be imposed and only warnings shall be issued until thirty days thereafter." Caption and Section amended, Bill No. 210423 (approved June 23, 2021). Enrolled bill failed to account for former subsection (2); renumbered as subsection (5) by Code editor. |