Proposed changes to a city ordinance could help keep unlicensed, unregistered or uninspected vehicles off city streets, Reading police say.
City Council at its regular meeting Monday introduced amendments to the city’s existing code that would expand penalties for the illegal use of ATVs, dirt bikes, motor scooters and other off-road vehicles.
The proposed changes would align local and state laws to strengthen enforcement and facilitate vehicle seizure and forfeiture, Capt Christopher Rothermel said.
Rothermel heads the city police department’s dirt-bike task force.
“We’re seeking approval of this to strengthen the (city) ordinance so that it matches state law,” he said, “so that we have a fallback.”
State law allows police to seize dirt bikes, ATVs and other vehicles when being used illegally, Rothermel said, but the legal processes for citation, seizure and forfeiture are lengthy and dependent on magisterial district court outcomes.
“We feel if we can strengthen the orders in that aspect, that will just give us an extra tool in our belt, so to speak,” he said.
Another proposed change would set fines for a first offense at not less than $50 or more than $200, plus the costs of prosecution.
For a subsequent offense, fines would be increased to not less than $100 or more than $300, plus the costs of prosecution.
Failure to pay the fines could result in imprisonment for no more than 10 days for a first offense and no more than 30 days for a subsequent offense.
Current city ordinance does not specify a fine for riding dirt bikes and other off-road vehicles on city streets.
The penalties would not pertain to all-terrain vehicles used solely in support of a licensed commercial business or agricultural purposes or motorized assistive devices used by persons with a disability.
The proposal also includes measures to keep the users of illegal off-road vehicles from fueling them at local gas stations.
Under the proposal, if an unlicensed vehicle pulls up to a pump, gas station owners would be required to turn off the pumps or face fines for non-compliance.
Rothermel said the police dirt-bike task force would notify and educate gas stations about their responsibilities, should the measure pass.
“They are already anxiously awaiting going to every fuel station in the city to let them know that they have to put up the appropriate signage and shut off these pumps,” he said.
The measure would not apply in the case of properly trailered or otherwise transported off-road vehicles, he noted.
“Obviously, they’re doing everything correctly,” he said.
Since some off-road vehicles resemble full-size motorcycles, it could be difficult for gas station attendants to tell the difference, Rothermel noted.
“That would fall on our dirt-bike task force to go out and educate the fuel stations on what they need to look for,” he said. “But basically, if it doesn’t have lights, if it doesn’t have mirrors – and by lights were talking, headlamps, tail lamps, turn signals – those are obvious things you can look for. If they don’t have them, shut off the pumps. If they don’t have a license on it, shut off the pumps.”
Councilman Jaime Baez Jr. asked if there is any concern that a rider unable to fuel could become irate and threaten or harm a gas station attendant.
There is no guarantee that would not happen, city officials said.
Councilman Wesley Butler said he could not support the fueling component of the proposal.
“Let’s say I do pull up with my dirt bike at the pump and I’m not going inside to pay, how are they (cashiers) supposed to see what I have, if I have a car or a dirt bike, while also they’re ringing up somebody at the cash register?” he asked.
Depending on the type of station, there might be only one person working the cash register, he said, noting it would be difficult for someone busy helping other customers to monitor gas customers paying at the pump.
The proposal is aimed more toward large groups of riders, rather than single riders, Rothermel clarified.
“If you’re out running around on these things all day, you need to stop somewhere and get fuel,” he said.
If users run out of fuel when being chased by police, it will be easier for police to catch the perpetrators, issue citations and seize the vehicles, he said.
Motorized and All-Terrain Vehicles
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