ATV ordinance OK'd in North Whitehall

Sarah Fulton

After months of hearings and public debate, North Whitehall township supervisors unanimously adopted a ''nuisance ordinance'' regulating the operation and noise level of all-terrain vehicles and snowmobiles.

The ordinance adopted Wednesday night was a compromise and attempts to placate both sides -- residents who dislike the vehicles because of the noise and dust they generate and those who enjoy riding recreationally with their families.

The new law requires all ATV and snowmobile operators to stay at least 50 feet from property lines. However, riders may cross onto a neighbor's property if they have permission from the landowner. Mud and dust generated by the vehicles may not leave the properties they are used on. Operation is permitted between 9 a.m. and 9 p.m.

Township Solicitor Lisa Young said the 50-foot setback is in line with state braking requirements for the recreational vehicles, meaning the vehicles should be able to stop within that distance if traveling at reasonable speeds.

Attorney James Kratz, who represents the Butryns, a family of ATV riders, objected to the adoption of the ordinance. He said the state pre-empts the township when it comes to ordinances regulating the vehicles.

''There's no authorization to legislate; to pass this ordinance,'' Kratz said. ''It will only create exposure to the township.''

Township Zoning Officer Ken Nicholson, who was not present, issued a letter recommending the supervisors adopt the ordinance. Nicholson wrote that other area municipalities, such as Upper Macungie and South Whitehall, have similar regulations of recreational vehicles.

Kratz asked if supervisors had read the ordinances of other municipalities. Supervisor Chairman Ronald Stahley said the board had not.

''We rely on our professional staff to provide us with information,'' Stahley said.

Nicholson and the state police would have power to enforce the ordinance and handle complaints.

Supervisors originally passed the recreational vehicle ordinance in 2008 because the rural township was growing, with homes built closer together.

The original ordinance proposed by supervisors restricted ATV and snowmobile usage to individual lots measuring at least 3 acres in size. The Butryns and many of their supporters objected to the acreage limitation and the item was eventually removed from the proposed law.

The vehicles are now subject to sound limitations. Young said snowmobile noise cannot exceed 82 decibels and ATV noise cannot exceed 99 decibels within 20 inches of the vehicle.

Use of the vehicles for property maintenance tasks is not restricted.

--

Source: http://www.mcall.com/news/local/all-a11_5nwhitehall.7119780dec18,0,7972466.story

---

Add this page to your favorite Social Bookmarking websites