Pa. Senate passes bill allowing Reading, other cities to dispose of confiscated dirt bikes and ATVs

Jun. 9—A Reading ordinance designed to deter illegal riding of unregistered dirt bikes and ATVs on city streets by allowing confiscated vehicles to be destroyed may soon be fortified by state law.

The state Senate has passed a bill that essentially mirrors an ordinance passed by City Council a year ago, a measure that culminated in the scrapping of about three dozen dirt bikes and ATVs last month.

City police even posted a video of a front-end loader smashing the vehicles and depositing them in a large roll-off trash container to be recycled.

"These vehicles were being operated recklessly, endangering individuals in our city. So we worked with the administration," Reading Police Chief Richard Tornielli said in a message posted with the video. "So we worked with council to change some ordinances that gave us the ability to destroy these vehicles instead of putting them back out on the street, which is what you see here today."

The problem is widespread, and officials from Allentown and Reading have been calling on the Legislature to do something about it.

On Wednesday, the Senate did.

'Stronger message'

The chamber passed Senate Bill 1183, which would allow certain boroughs and cities to dispose of the off-road vehicles, including selling them or destroying them. It would impact cities like Reading, Allentown, Bethlehem and Easton.

The bill passed in a 48-to-1 vote with Sen. Nikil Saval of Philadelphia casting the lone no vote. The legislation now heads to the House of Representatives.

Sen. Judy Schwank joined most of her colleagues is supporting the measure.

The Ruscombmanor Township Democrat said that while leaders in Reading have done an outstanding job leading the effort to rid city streets of these off-road vehicles, she believes it was time for the state to give cities and boroughs that extra level of protection.

"This is a safety issue certainly for pedestrians, other drivers and individuals who are riding those vehicles as well," she said. "It's just outrageous the way people operate these vehicles — it's almost as if they think they're in an action movie. It flouts all the ordinances and laws in regard to public safety."

Given the nearly unanimous support in the Senate, Schwank said, she is confident the legislation will pass in the House.

And when it comes to what cities and boroughs should do with the confiscated ATVs and dirt bikes, she thinks Reading has taken the right approach by destroying them.

"I think it sends a stronger message if they are seized and destroyed," Schwank said. "I think that is a real wake-up call for those who think that they can do this."

The bill states that dirt bikes and ATVs operated on public streets within the designated class of cities or boroughs shall be designated as contraband subject to existing rules relating to asset forfeiture. In other words, it placed the burden of proof of ownership on the offenders.

Many of the riders acquire the bikes on the street and have no bill of sale, authorities say. Many are believed to be stolen.

Operating dirt bikes and ATVs on public roads, especially in urban areas, often by a group of riders at the same time engaging in speeding and reckless driving, poses a danger to motorists and pedestrians and a threat to public safety, Sen. Patrick Browne, a Lehigh County Republican, wrote in the memo introducing the bill last month.

Brazen attitude

The seizure and disposal option may seem extreme, city officials say, but so is the public safety problem that elicited the need for action.

"This has clearly been a huge problem in many cities throughout the commonwealth, and most of the dirt bikes that are being driven in the city are unlicensed and unregistered," Berks County District Attorney John T. Adams said. "I think it is very unfortunate that we have reached this level, but the fact of the matter is the individuals driving these unlicensed and unregistered vehicles in the city are committing numerous traffic violations, driving recklessly and leading police on chases.

"It's reached the level where extreme measures are needed."

City Councilwoman Marcia Goodman-Hinnershitz, who represents east Reading and resides at the foot of Neversink Mountain — where ATV and dirt bike riders evade police by riding up the mountain — said she's noticed the riders display a devil-may-care attitude.

The one thing they fear, she said, is having their vehicle taken by police.

Though Reading is already doing what the bill would explicitly give it the right to do, it doesn't hurt to have Harrisburg's backing, she said.

"I think it's good that we've gotten ahead of the game with this one," she said. "It's excellent that people know their vehicles are going to be destroyed if they violate the law. So I think it has the right amount of toughness."

Reading police more than a year ago adopted a zero-tolerance policy on riding ATVs and dirt bikes on public streets, and encouraged the public to assist by reporting those who ride those kinds of off-road vehicles.

Goodman-Hinnershitz said she's encouraged her neighbors to let police know where the illegal riders store their vehicles. While police can't confiscate the vehicle simply because someone possesses an off-road vehicle, the information is useful in eventually catching the riders.

Although she's seen less riding of ATVs in her neighborhood recently, Goodman-Hinnershitz said she's noticed some ATVs are being driven on playgrounds instead.

"I'm sure the police are doing the best they can with the resources they have available," she said. "It's a comprehensive problem that depends on how they can work with the community."

Mount Penn-based Central Berks Regional Police Department is in the early stages of developing an ordinance based on Reading's for consideration by the borough and Lower Alsace Township, Chief Raymond Serafin said Thursday.

He said solicitors have a copy of the city ordinance as a starting point to address a growing problem of illegal riding of off-road vehicles in Mount Penn and Lower Alsace.

Serafin said he was unaware of state legislation.

(Reporter Karen Shuey contributed to this story.)