Supervisors hear public on noise ordinance

Kelly Martin

The board and community are also still at odds over how far riders must stay from a property line.

North Whitehall supervisors have again held off on adopting an ordinance on recreational vehicles so they have time to consider township residents' opinions.

The board held a public hearing Wednesday to get comments on a proposed nuisance ordinance that would regulate operation of all-terrain vehicles, snowmobiles and dirt bikes on private property.

The hearing will be continued on Oct. 21.

The draft ordinance would allow the recreational vehicles to be used from one hour after sunrise until sunset year-round.

Residents who nearly filled the meeting room said that definition is not sturdy enough and asked the board to consider specific times.

Laural Butryn, who rides ATVs with her family, said she thinks it is unfair that her children could ride from earlier in the morning until later at night in the summer, but would have limited hours in the winter when it may be snowing and enjoyable to ride.

She added that she would not want to hear those engines running early in the morning in the summer.

Supervisor Terry Stoudt suggested allowing riding from 10 a.m. to 9 p.m. year-round.

Some residents said 9 p.m. would be too late in the fall and winter, when skies darken earlier, but Dave Makovsky said he and his friends enjoy riding snowmobiles until at least 11 p.m. after a snowstorm.

North Whitehall's zoning officer would be responsible for enforcing the ordinance.

Resident Mark Hills said hours of operation are pointless because the zoning officer works until only 4 p.m. during the week.

The board and community are also still at odds over how far riders must stay from a property line.

The draft ordinance would require riders to stay 50 feet from a property line, unless a neighbor has given permission for access.

Supervisor Ronald Heintzelman and a number of residents said they would like to see that buffer increased to 75 feet.

Township attorney Lisa Young said some municipalities in Pennsylvania that have recreational vehicle ordinances use a 50-foot buffer.

Violators of the ordinance can be fined up to $600.

Last month, supervisors scrapped an amendment to their 2008 recreational vehicle ordinance after Young said it was vulnerable to legal challenges.

That amendment would have barred the vehicles from bring driven on properties of less than 1.5 acres and prevented neighbors from combining their properties to reach that minimum. The amendment also required a 50-foot setback from a property line.

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Sources: http://www.mcall.com/news/all-a9_5nwhitehall-q.7026061sep18,0,2194877.story

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