PHILADELPHIA (KYW Newsradio) \u2014The State House unanimously passed a bill last week that would allow Philadelphia\u2019s ordinance regarding ATVs on city streets to be stricter than state law.<\/p>\n
Philadelphia Democrat and chair of the State House Transportation Committee Ed Nielsen said when Pennsylvania enacted Act 92 in 2022 to crack down on ATVs and dirt bikes on city streets and sidewalks, it inadvertently cut the legs out from under Philadelphia\u2019s ordinance.<\/p>\n
\u201cPrior to Act 92, Philadelphia had a city ordinance in place with stronger penalties, which have since been preempted by Act 92. That wasn\u2019t the intent of the legislature,\u201d Nielsen said.<\/p>\n
Philadelphia\u2019s previous ordinance carried a $2,000 fine. Under state law, however, because state law supersedes the city, penalties are now $50 to $200 a first-time offense and $100 to $300 for subsequent offenses.<\/p>\n
Philadelphia police used to be able to immediately confiscate the vehicle and could dispose of it if the $2,000 fine wasn\u2019t paid, but the 2022 state law now requires the vehicles to be impounded pending a court case, then follow through with state forfeiture laws.<\/p>\n
Nielsen said ATVs and dirt bikes used on city streets and sidewalks remain a serious issue, jeopardizing the safety of motorists, bicyclists, and pedestrians.<\/p>\n