PaOHV Wins In Oil City Pa.

3 replies to this topic
  • DMann

Posted 16 September 2009 - 11:18 AM

#1


PaOHV tallied another win on Monday evening. The Oil City Borough Council unanimously defeated a complex ordinance that significantly restricted the right to ride. PaOHV lobbied heavily for the defeat of the ordinance.

This marks the third win in three tries for PaOHV this year in defeating bad local laws. PaOHV first raised objections to the Council in April.

The Oil City ordinance defined an OHV as any “recreational vehicle capable of cross-country travel without benefit of a road or trail”. Off road vehicle traffic would have been prohibited within borough limits. Under this definition, no ATV, bike, farm equipment, SUV, motorized wheel chair, truck or similar vehicle could travel the streets of Oil City or on private land within the city.

The ordinance referenced unlawful “unnecessary noise”. But the ordinance utilized a standard that was subjective and undefined. Consequently, the noise restrictions were unenforceable.

The proposal also made it clear that OHVs could not be operated on private or public property. However, you could start you unit, quietly, so long as you didn’t move it. This would make it illegal to load a quad or bike onto a trailer.

PaOHV Board member Dick Lepley spearheaded PaOHV’s effort to defeat the measure.

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  • charkie

Posted 16 September 2009 - 04:50 PM

#2

Awesome! I am origionally from Oil City, and I am suprised to see that this was even an issue.

  • JCEN

Posted 17 September 2009 - 05:11 AM

#3

Glad to hear, i'm not too far away in Warren and hope nothing like this happens here.

  • DMann

Posted 17 September 2009 - 05:17 AM

#4

As soon as one is over we are into another. The Butler County, Jefferson Twp Supervisors will be voting on an Anti OHV Oridnance on November 9th. The meeting will start at 3:30 pm. Might be a bit early in the day for a lot of people but if anyone can attend, it would be greatly appreciated.

I've got a draft copy of what they will be advertising shortly. Basically it's the same as every other twp that has tried this. Below is a copy of my letter to the township Supervisors and a sample letter. Please send letters to:

Supervisor- Chairman
James R. Jones
724-352-3542

Supervisor- Vice Chair
James P. Chick
724-352-3330

Supervisor-Road Foreman
Phillip Bachman
724-352-4740

Township Office
157 Great Belt Rd.
Butler, PA 16002
724-352-2324
Jefftwpbutlerpa@zoominternet.net

******************************************************************************
Honorable Jefferson Township Supervisor: James R. Jones, James P. Chick, Phillip Bachman,

Let me introduce myself; I am Dennis Mann the Executive Director of Pennsylvania Off Highway Vehicles Association, PaOHV. I represent the owners of ATVs and dirt bikes in Pennsylvania and in your fair township. The organization promotes safe and legal off road recreation in Pennsylvania. For a better understanding of PaOHV, please refer to our web site, www.paohv.org.

I am writing because of the possible anti-OHV ordinance that I read about in your township minutes and newsletter. The article brought to light Mr. Dale Gallo’s interest in creating a new OHV noise ordinance, which would limit the usage of OHVs on private properties. Chairman Jones said the township attorney has already provided some sample ordinances regulating ATV’s/off-road vehicles,/dirt bikes, etc., which the Board agreed to pass-on to the Planning Commission to consider and recommend regulations for a possible Jefferson Township ordinance. I have read the sample ordinance and I have concerns when townships such as your own discriminate against my membership. I understand ATVs and dirt bikes can be altered to produce a noise nuisance and I do not support this type of disrespect. But noise has many sources and we are not the sole source. The 20 inch test is a national standard for monitoring all types of noise and PaOHV has no problem with that or any other standardized monitoring process. Why would your ordinance exclude cars, trucks, stereos, lawn tractors, motorcycles ridden on the street, boats, pool parties, bands, rifle ranges, compressors, and so on?

The ordinance also restricts OHVs in the areas of dust, streams, and reckless driving which have other causes. Many of these areas can be dealt with by enforcing the laws that already exist. If one issue sticks out as just ridiculous that would be the 100 foot set back. The owner could not operate his/her OHV within 50 feet of their own home. How can they store, load, and move the vehicle within this corridor?

It is PaOHV's position that laws and ordinances be written to protect residents from danger and annoyance but not at the expense of one specific group. We are totally supportive when an ordinance that is written to impact all violators not a specific group. Unfortunately, we feel your township may discriminate against our membership, and PaOHV strongly urges you to rewrite the ordinance to cover all offenders of noise, dust, and erosion. These problems are not OHV specific. Please do not single out the ATV and dirt bike owners when others are just as guilty. Also please use the State laws the already exist and your police can enforce such as young operators much complete a riders safety course and all ATVs must be registered. The website http://www.dcnr.stat...ATVBrochure.pdf has a brief description on the law and for a full copy of the laws governing ATVs please go to http://www.dcnr.stat...kl-request.aspx .

PaOHV offers a free rider ethics training session called Sensible, Courteous, Off Road Enthusiast. SCORE has won national awards and a full description can be found on our web site, www.paohv.org . PaOHV feels many problems can be solved through education. Contact and schedule a SCORE training course in your area. We will come to you and educate your residents free of charge.
In closing please send me a copy of the final draft of this ordinance and the important dates for the final voting.


Thank you,


Denny Mann
PaOHV Executive Director

**********************************************************************************


Honorable Jefferson Township Supervisor: _________________________

Let me introduce myself, I am ___________________ a concerned Off Highway Vehicles operator of Pennsylvania and I am writing because of the possible anti-OHV ordinance in your township. The draft ordinance brought to light Jefferson Township’s interest in creating a new OHV ordinance, which would limit the usage of OHVs on private properties with additional restrictions. It is my understanding that the reason for the purposed OHV ordinance stems from individuals riding on their property disturbing and trespassing on the neighbors.

It troubles me when laws and ordinances are written to protect residents from danger and annoyance at my expense. I am a law bidding operator of an OHV and I’m totally supportive when an ordinance that is written to impact all violators not a specific group. I myself do not endorse breaking any laws. Unfortunately, I feel your Township may discriminate against me and my fellow OHV riders. I strongly urge you to rewrite the ordinance to cover all offenders of noise, dust, and erosion. These problems are not OHV specific. Please do not single me out, the ATV or dirt bike owner when others are just as guilty. Also please use the State laws that are already existence and your police force can enforce laws such as young operators much complete a rider’s safety course and all ATVs must be registered. The website http://www.dcnr.stat...ATVBrochure.pdf has a brief description on the law and for a full copy of the laws governing ATVs you may go to http://www.dcnr.stat...kl-request.aspx . Also the trespass law section 3717 is written for motor vehicles.

Please do not penalize the honest for the actions of the few!


Thank you,
___________________________

___________________________



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