Tube City Almanac

November 08, 2012

Council to Consider ATV, Dirt Bike Ordinance

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(Editor's note: Photo via Flickr, taken by Mike Styer near Washingtonville, Pa., not in Haler Heights. Licensed under Creative Commons.)

. . .

City council will consider an ordinance restricting use of all-terrain vehicles, dirt bikes and other unlicensed off-road recreational vehicles.

The move comes as council members and Mayor Mike Cherepko find themselves under continuing pressure from residents of Haler Heights to shut down a homemade ATV and dirt bike track on four acres of private property between Arnold and Halsey drives.

"The mayor is asking us for some help, and I think we should get a ruling on this," said Councilman A.J. Tedesco Jr., who introduced the motion asking city Solicitor J. Jason Elash to draft an ordinance for council's consideration.

Councilors Dan Carr, Dale McCall and Fawn Walker-Montgomery voted against the motion. "I think it's a waste of time," said Walker-Montgomery, who said the city should be enforcing existing ordinances to regulate dirt bikes and ATVs.

Neighborhood resident Beatrice Longo, one of the most outspoken critics of the dirt bike area, told council Wednesday that the city has the power to shut down ATV and dirt bike operations by enforcing its existing zoning ordinance.

. . .

Longo, a retired attorney, testified that the city should have required property owners Jim and Marcie Young to obtain an occupancy permit before their children and friends were allowed to ride their dirt bikes and ATVs on the land.

Cherepko and Elash said McKeesport has never required property owners to obtain occupancy permits for vacant, unimproved land. However, they said, the Youngs have agreed to obtain an occupancy permit for the land they purchased this past summer.

Longo and other neighbors have argued that allowing the area to be used for recreational purposes is inappropriate under the neighborhood's residential zoning, and that it should require permission from the city's zoning hearing board.

. . .

But Elash and Cherepko have said that under state law, property owners are permitted to operate dirt bikes and ATVs for their own personal use as long as the city's noise ordinance isn't violated.

The vehicles may not be driven on public streets unless they are licensed and insured, said city police Chief Bryan Washowich.

McKeesport is not the only community where neighbors have complained about noise and dust raised by dirt bikes. Upper St. Clair is also considering regulating off-road vehicle use in residential areas.

. . .

Communities that have regulated dirt bikes, ATVs and other vehicles, such as snowmobiles, have restricted their hours of operation and forbid their operation near homes.

In 2008, Monroeville enacted an ordinance (PDF link) which prohibits the vehicles from operating within 200 feet of a house, hospital, nursing home or church. Monroeville also requires the vehicles to be registered with the municipality.

Monroeville's noise ordinance (PDF link), enacted in 1984, also specifically regulates ATVs and dirt bikes, and provides for a $300 fine for violators.

The city's home-rule charter allows any five registered voters to submit an ordinance of their own. If council fails to act, Longo said, she and other residents will draft their own ordinance and present it for council's consideration.

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Feedback on “Council to Consider ATV, Dirt Bike Ordinance”

As I tried to enjoy the wonderful spring-like weather outside we had this past Sunday, I found myself inundated by not one but TWO gas-powered leaf blowers/vacuums that were running for at least an hour, two separate times. Then one lawn mower in one of the same places and one up the street for about an hour later in the day.

That is not one, not two, not three but FOUR hours of my afternoon “interfered with” by “loud, dust causing” gas powered equipment…all of which were much louder than any ATV or dirt bike.

As an asthmatic, the dust THEY were blowing around could have also affected me (it didn’t).

Will Ms. Longo also push for a ban on all gas powered lawn equipment in Haler Heights? They are causing worse “problems” than the occasional kid riding an ATV in the woods is causing. Or is she only worried about her own “peace and quiet”?

Also, what about the folks who own ATVs and want to use them to plow the streets when our city can’t get around? This has happened several times over the last number of years. One person in our neighborhood cut a path with his ATV plow so at least four wheel drives trucks could get through when the city plows were unavailable. Will Ms. Long object to them then as well?

And don’t forget snowblowers – they are very very loud. We had better outlaw those too.

As a part of ANY council action, there needs to be a real study done…one which includes taking db (decibel level) readings of ATVs and dirt bikes at the same distances, and comparing them to the other permitted gas-powered equipment being used daily in Haler Heights. I am certain that they would then find that simply enforcing the noise ordinance would result in the fairest results.

But everyone involved is not interested in “fair”.

I sure hope that our Council and Mayor do not cower to bullying by a few people who have nothing better to do than sue to get their way. Though I have a feeling that Council will instead give in to avoid spending money to do what is right.

We teach our kids in school that bullying is wrong.

And yet we allow people to threaten and sue and force their wants on whole neighborhoods.

Great message to send our kids.
Shadango - November 13, 2012



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