[HISTORY: Adopted by the Township Committee of the Township of Franklin 11-26-1979 as Ord. No. 79-6. Section 131-4C and D amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
Vehicle and traffic regulations — Ch. 129.
As used in this chapter, the following terms shall have the meanings indicated:
- Any two-wheeled motor-propelled apparatus required to be licensed by the State of New Jersey, Department of Motor Vehicles, for operation upon the public highways.
- MOTORIZED SPORTBIKE
- Any two-, three- or four-wheeled bicycle or similar apparatus, motor-propelled or having a helper motor, and commonly referred to, among other designations, as "moped," "minibike," "go-cart," "all-terrain vehicle (ATV)," "trailbike" or the like, which, by its nature, is not authorized to be licensed by the State of New Jersey, Department of Motor Vehicles, for use upon the public highways.
- PRIVATE PROPERTY
- All lands in the Township of Franklin not above defined as public property or part of the road systems defined as an exception in the definition of "public property" below.
- PUBLIC PROPERTY
- Land owned or leased by the Township of Franklin, a municipal corporation of the State of New Jersey, in the County of Warren, Franklin Township Board of Education or any other equivalent public body of the Township of Franklin, but specifically excluding from said definition any roadways used for public transportation and being part of the accepted road systems of the State of New Jersey, Department of Transportation, County of Warren, State of New Jersey, or the Township of Franklin, County of Warren, State of New Jersey.
- REGULATED VEHICLES
- A term used in this chapter to describe, in the aggregate, vehicles used for transportation and/or sport as separately defined in this section.
- Any vehicle propelled by a motor and which traverses the terrain by means of treads or tracks.
- UNLICENSED OPERATOR
- The operator of any motorcycle or motorized sportbike who does not hold a special license issued by the State of New Jersey, Department of Motor Vehicles, permitting the operation of a motorcycle or motorized bicycle or sportbike, as defined above, on the public highways.
It shall be unlawful to operate any type of regulated vehicle, as defined in this chapter, under the following circumstances:
On private property of another person or party or on any private street or right-of-way within the Township of Franklin without the express written permission to do so by the owner or lessee of said property. Where such written consent has been obtained, the operator shall keep the same on his person available for immediate display during the period of such operation.
On any public grounds or property of the Township of Franklin, including any parks, recreation areas, lake areas, streets, highways, sidewalks or areas designated or commonly used for vehicular or pedestrian traffic, except, however, such vehicles as are licensed by law and as such may be permitted to use public streets or highways under N.J.S.A. 39:1-1 et seq.
Upon public or private property during the period of one hour after sunset to one hour before sunrise, except that this provision shall not apply to snowmobiles.
For an unlicensed operator to operate a motorcycle on any private property or public property.
To operate in such a manner as to create loud and excessive or unusual noise so as to disturb or interfere with the peace and quiet of the neighborhood or health of any person or persons.
To operate in a careless, reckless or negligent manner, to include any trick riding as to endanger the safety of any person or persons, including the operator of such regulated vehicle, or the property of any other person, private or corporation.
It shall be unlawful for the parent, guardian or any person having the care, custody and control of any child under the age of 18 years to permit such child to operate a regulated vehicle in violation of the terms of this chapter.
The operation of such regulated vehicle in violation of this chapter by a minor, after a warning notice pursuant to § 131-4A has been mailed to the parent, guardian or custodian of that minor, shall be prima facie evidence that the parent, guardian or custodian has permitted the minor to so operate the regulated vehicle in violation of this chapter.
Any minor charged with violating the provisions of this chapter, for the first offense, shall be issued a warning notice by the enforcement officer, and a copy thereof shall be forwarded to the parent, guardian or custodian of such minor.
Any minor who shall violate the provisions of this chapter after having been issued a warning notice as described in Subsection A shall be deemed to be a juvenile offender.
Any parent or guardian or any person having the care, custody and control of any minor under the age of 18 years who shall permit said minor to operate a regulated vehicle in violation of this chapter shall, upon conviction, be punished by a fine not to exceed $1,000 or by imprisonment in the County jail for a term not to exceed 90 days, or both.
Any person the age of 18 years or over who shall violate any of the provisions of this chapter shall, upon conviction thereof, be punished by a fine not to exceed $1,000 or by imprisonment in the County jail for a term not to exceed 90 days, or both.
It shall be the duty of any peace officer to:
Impound any regulated vehicle operated on public or private property alleged to be in violation of this chapter, either by virtue of its operation or use or by virtue of its operation by an unlicensed operator.
Said period of impoundment shall be from the date of the alleged violation until the disposition of the alleged offense by such court of competent jurisdiction as shall hear the same, and the owner thereof shall pay the reasonable cost of said removal and storage, constituting impoundment, which is hereby deemed to be $3 per day, which charge for impoundment shall in no event exceed 30 consecutive calendar days, provided that the operator shall be deemed guilty of the alleged offense. Said expense of impoundment shall be in addition to any other fine or penalty levied or collected under the terms of this chapter.