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UFWDA Community Forum  |  Regional Focus - News and Local Events  |  Northeast  |  Topic: Pa - Fairview Township so as to reduce noise and air pollution « previous next »
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Author Topic: Pa - Fairview Township so as to reduce noise and air pollution  (Read 789 times)
Todd Ockert
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« on: November 21, 2008, 12:44:47 pm »

Just forewarding to those in pa that can help out.

December 1st, all area OHV enthusiasts need to attend this township meeting.
Below, please find the original letter sent out by Denny Mann of PAOHV.

Once again we are involved in a fight to preserve our right
to recreate on our own property in Pennsylvania.
York County seems to be the epicenter of this
controversy with eight anti-OHV ordinances going to vote to date. So far we have successfully defeated three of
these anti-OHV ordinances, but the list continues.

The next
battleground is Fairview Township, York
County. Often townships already have ordinances in
place to protect residents against trespassing, noise, and dust generated by
neighbors; Fairview
Township is no
exception. The present Township
Ordinance Chapter 10, Part 3, http://www.twp.fairview.pa.us/
2008ords/ pdffiles/2330-010.pdf , addresses just these issues. Yet, because
of one angry neighbor these rules are not enough, and the township is willing
to add a new chapter in exchange for his silence. The wise and fair alternative would be to adopt
a simple dust ordinance to cover residents from undesirable nuisances. Then a
resident could file a nuisance complaint without singling out a specific group
such as the OHV enthusiasts.

On December 1st @ 7:00 PM. Fairview Township supervisors will be meeting
to discuss and vote on Ordinance 2008-11, which will unfairly impact residents
who ride on th
eir own property and turn recreating into a crime. We need everyone’s help. Your letters of support and attendance are
desperately needed to defeat Ordinance 2008-11.
Please mark the 1st on your calendars and come support the
residents of Fairview
Township

Now, take a look at how absolutely ridiculous this ordinance is. An ordinance like this could conceivably shut down a place like Raucsh Creek.

Read carefully and you'll see what I mean. I have highlighted/italicized the bad stuff.

ORDINANCE NO . 2008-11

FAIRVIEW TOWNSHIP

YORK COUNTY, PENNSYLVANIA

AN ORDINANCE REGULATING THE OPERATION AND USE

OF RECREATIONAL VEHICLES WITHIN FAIRVIEW TOWNSHIP

AND PROVIDING PENALTIES FOR VIOLATIONS

WHEREASF, airview Township (Township) is a second class township, governed by the Second Class

Township Code, 53 P.S. §65101 et seq., which authorizes the Township to adopt ordinances for the protection

of the public health, safety, and welfare; and

WHEREAS, the use and operation of recreational vehicles within Fairview Township may create a

public nuisance and adversely affect the public's health, safety and welfare by the creation of excessive noise,

dust and fumes; and

WHEREAS, the purpose of this Ordinance is to provide for the reasonable regulation of recreational

vehicles in Fairview Township so as to reduce noise and air pollution, protect the public's health, safety and

welfare; and to provide for the peaceable and quiet enjoyment of property.

NOW, THEREFORE, BE IT ORD
AINED AND ENACTED, and it is hereby ordained and enacted as

follows:

SECTION 1: Definitions.

OCCUPANT - a Person who regularly resides on the property in question.

OWNER - any Person who has legal or equitable title to the property on which a Recreational Vehicle

is being operated.

PERSON - an individual, group of individuals,a partnership, firm, association or any other entity.

1 RECREATIONAL VEHICLE - All motorized vehicles, designed or re-designed or otherwise being used

for off-road recreational use, including, but not limited to the following:

a. Motorcycles

b. Trail bikes

c. All terrain vehicles (A TV's)

d. Go carts

e. Snowmobiles

f. Trucks, sports utility vehicles (SUV's), and 4-wheel drive vehicles

g. Any other similar mechanized vehicle (excluding battery only operated

vehicles)

The term "Recreational Vehicle" shall not include motorized vehicles for law enforcement, fire,

emergency, fire emergency, military, or other authorized government purposes, or off-road motorized

vehicles used as utility vehicles for agriculture, husbandry, lawn care, snow removal or business

operations.

(OK, look at that for a moment. your snow blower, lawn mower, etc, which make just as much noise as an ATV or OHM.. or TRUCK... they are pointing at SUVs here, whether road legal or not.!! Its OK to use your lawn mower but not your ATV.)

SECTION 2: Operation and Use of Recreational Vehicles on Private Property. The following

regulations shall apply for the use of a Recreational
Vehicle on private real property:


A. Owner or Occupant. Only the Owner, Occupant, permitted guests and family may operate a

Recreational Vehicle on private real property subject to the restrictions outlined herein.

B. Setback Requirements.

1. A Person operating a Recreational Vehicle must remain at least three hundred (300) feet from

any property line, including property road frontage and associated roadway right-of-way lines,

unless written permission has been obtained by the adjoining property owner to operate the

recreational vehicle within any reduced setback, and with any mutually agreed terms and

conditions.
(Hey people, this means you can't operate your own truck in your own yard or driveway if its closer than 300 feet from your neighbors, unless you have written permission.!!)

2. It shall not be a violation of this Section to operate a Recreational Vehicle within the required

setback for purposes of ingress and egress from or onto a driveway.

C. Additional Restrictions. (These are all bad so I won't bold them all)

1. No more than four (4) Recreational Vehicles may be operated at the same time. (This one could shut down any of the OHV parks out there)
2. A person may operate a Recreational Vehicle only between the hours of 9:00. a.m. and 7:00

p.m., prevailing time.

3. An operator or operators may ride a Recreational Vehicle for no longer than a total of one (1)

hour at a time with two (2) hour rest period between the next operation of a Recreational

Vehicle. (As could this one)

D. Dust. A person shall not generate or permit to be generated as a result of the use or operation

of any Recreational Vehicle any dust which crossesover onto an adjoining or adjacent property

that will interfere with the reasonable enjoyment of the residential use of the

property, either inside or outside.

E. Equipment Exhaust. All Recreational Vehicles shall be fitted with the original equipment

exhaust while in operation.

F. Environmentally Sensitive Areas. NO Person shall operate, allow or permit the operation of a

Recreational Vehicle within a stream, creek, waterway, drainage-way, wetland, or erosion

sensitive areas, or within fifty (50) feet of such environmentally sensitive areas.

G. Livestock. No Person shall operate, allow or permit the operation of a Recreational Vehicle

within five hundred (500) feet of any type of livestock.

SECTION 3: Operation and Use of a Recreational Vehicle on Township Property. No Person

shall operate a Recreational Vehicle on Township property without the express written consent of the

Township. (UUUMMM, aren't town roads township property? They are telling you that you can't operate your truck or SUV on township property )

SECTION 4: Enforcement and Penalty.

A. Violations a Public Nuisance; Persons Liable. A violation of this Ordinance shall be deemed

a public nuisance, and shall subject the Owner of the property and/or any Person operating a

Recreational Vehicle in violation of this Ordinance to summary enf
orcement proceedings. The

Fairview Township Police, the Pennsylvania State Police, the Fairview Township Zoning Officer.

the Fairview Township Codes Administration Director, and such other persons as may from time

to time be designated by the Township are authorized to make a determination of violation of,

and to enforce, the provisions of this Ordinance.

B. Enforcement; First Offense. An initial determination of a violation of this Ordinance shall

result in a verbal warning to the Occupant, or Owner or operator of the Recreational Vehicle.

C. Penalties. A second or subsequent violation of this Ordinance shall be subject to summary

enforcement proceedings and upon being found guilty thereof shall subject the violator to a fine

of $600.00 for a second offense (with the verbal warning being the first offense), and $1.000.00

for a third or subsequent offense. Upon default in payment of a fine and upon a guilty finding of

a third or subsequent offense the violator may be subject to a term of imprisonment up to the

maximum allowed by law for a summary offense. Each day that a violation continues or each

section of this Ordinance that is found to be violated shall be considered a separate violation.

SECTION 5: Miscellaneous Provisions.

A. Incorporation by Reference. To the extent applicable, this Ordinance incorporates by reference

there to the provisions of the rules and regulations relating to the "Pennsylvania Snowmobile and

All Terrain Vehicle Law." 75 Pa. C.S. Section 7701 et seq

B
. Rules of Interpretation. The use of the singular shall include the plural. The use of headings is

for convenience only.

C. Severability. The sections of this Ordinance are severable, and if any section or part thereof is

found to be unconstitutional or unenforceable,then such finding shall not affect the validity of the

remaining sections or parts.

D. Effective Date. This Ordinance shall be effective five(5) days after adoption.

ORDAINED AND ENACTED this day , 2008.

FAIRVIEW TOWNSHIP BOARD OF SUPERVISORS

I can't believe how backwards thinking the people are who actually think these are reasonable laws... BUT.. thats what certain parts of our world are coming to.

If you live in this area, PLEASE take the time to attend these meetings and squash this incomprehensible attack on our rights. PLEASE spread the word on this through any means you can. This is also just one of 25 pending ordinances that will need to be fought throughout PA in the near future. 8 have already come to vote and due to lack of attendance, 5 have already voted to pass them. 3 voted to not.
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UFWDA Member #14102
Member of Cal4Wheel, Hanford Trail Busters, Rubicon 4WDA
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Keith Holman
Middle Atlantic Four Wheel Drive Association
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Posts: 171


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« Reply #1 on: November 25, 2008, 08:47:06 am »

Todd,
Middle Atlantic Four Wheel Drive Association hopes to have representation at this December 1 meeting. You also reference other anti-OHV happenings in PA. This is our home territory. Can you please provide a list of the other items in our area that you are aware of?

We've already talked with UFWDA's attorney, Carla Boucher and want to be sure we are doing everything we can to keep our areas open.

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What are you supposed to do when you see an "endangered" animal eating an "endangered" plant?
--------
Middle Atlantic Four Wheel Drive Association
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