East Rockhill to crack down on use of ATVs

Megan Blank

East Rockhill Township is getting ready to crack down on ATV usage.

And a vote on the proposed ordinance could come July 9.

The proposed ordinance, which now has been approved for advertisement, has been discussed for several months.

Chairman David Nyman has stated from the beginning that the ordinance is not intended to eliminate ATV use, but to keep it under control.

"We want to be fair for those who use them. But the idea is to put something in place so the police can enforce it," he stated in April.

Changes since the May draft of the ordinance include lowering the number of ATVs in use at a time on one parcel of land from four to three.

In addition, a change was made that now states the recreational vehicles can be operated Monday through Friday, during the hours of 9 a.m. to 8 p.m., or until dusk, depending which comes earlier, and from noon to 8 p.m. on Saturdays and Sundays, or dusk, depending on which comes earlier.

The proposed ordinance defines an ATV as a motorized vehicle with "not less than three inflatable tires with a maximum dry weight of less than 800 pounds."

Besides ATVs, recreational vehicles also include motorcycles, trail bikes, go-carts, snowmobiles, trucks, SUVS and four-wheel drive vehicles.

Setback requirements have that the recreational vehicles must remain at least 50 feet from any property line, including property road frontage and associated roadway right-of-way lines, unless written permission has been obtained by adjoining property owners to operate the recreational vehicle within a reduced setback.

The operator may ride for no longer than one hour at a time with a two-hour rest period in between.

Dust and noise control are to be maintained by the lot owner, and dust cannot pass into any adjoining or adjacent property.

If the vehicle is to be operated in an area without plants and/or areas containing dry dirt, stones or other dust generating surface material must be watered down before, during and after usage to limit the dust.

If the dust still can't be contained, and residents have submitted complaints, the operators will have to plant township-approved buffers, to prevent the dust from crossing property lines.

All recreational vehicles must also be fitted with the original exhaust equipment while in operation.

Under the ordinance, the following uses of recreational vehicles are exempt: use of a recreational vehicle by the township or any other governmental body in conducting official business; use of a recreational vehicle in agricultural work; use of a recreational vehicle in yard work, landscaping and/or in the maintenance of a person's real property; or use of a recreational vehicle in snow clearing.

The enforcement policy includes a verbal warning for a first offense, a $100 fine or 90 days imprisonment if payment default for a second offense, and a $1,000 fine for a third offense, or imprisonment in default of payment.

The proposed ATV regulation ordinance came about after several residents complained to the board about ATV usage near their properties, especially around Three Mile Lane.

The only measures in the township for dealing with ATV usage is the nuisance ordinance for noise and dust, but it would have to be witnessed in order to measure the noise.

Source: http://www.thereporteronline.com/articles/2009/06/28/news/srv0000005678809.txt

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