[HISTORY: Adopted by the Township Committee of the Township
of Weymouth 4-18-1990 by Ord. No. 304-90; amended in its entirety 12-5-2007 by Ord. No.
464-2007. Subsequent amendments noted where applicable.]
noted where applicable.]
The purpose of this chapter is to control and regulate off-road
vehicles, motor-driven vehicles, dirt bikes and all-terrain vehicles,
as defined in N.J.S.A. 39:1-1 et seq. and N.J.S.A. 39:3C-1 et seq.,
in order to preserve the public peace and in order and protect the
health, safety and welfare of the general public of the Township of
Weymouth. The illegal use of these vehicles on private and public
property has caused damage to farm fields, disturbed wildlife communities,
destroyed rare plant communities, and has disturbed residential communities.
A.
Whenever any words or phrases are used in this chapter, the meaning
respectively ascribed to them in N.J.S.A. 39:1-1 shall be deemed to
apply to such words and phrases used herein.
B.
ALL-TERRAIN VEHICLES
MOTOR-DRIVEN VEHICLE
PUBLIC HIGHWAY
PUBLIC LANDS
As used in this chapter, the following terms shall have the meanings
indicated:
A motor vehicle, designed to travel over any terrain, of
a type possessing between three and six rubber tires and powered by
a gasoline engine not exceeding 700 cubic centimeters, but shall not
include golf carts.
Includes motorcycles, mopeds, go carts, quads, motorbikes,
bicycles with motor attached and all motor-operated vehicles of the
bicycle or tricycle type, except motorized bicycles as defined in
this section, having a saddle or seat with driver sitting astride
or upon it or a platform on which the driver stands.
The entire width between the boundary lines of every way
public maintained when any part thereof is open to the use of the
public for purposes of vehicular travel.
Any and all real property which is owned or controlled by
a government entity, including designated open-space areas.
A.
Public lands. It shall be unlawful for any person to operate or permit
to or suffer to be operated a motorcycle, dirt bike or an all-terrain
vehicle, as defined herein, on any public grounds or property, including
playgrounds, recreational areas, or designated open space.
B.
Limited access highways. No person shall operate an all-terrain vehicle
upon limited access highways or within the right-of-way limits thereof.
C.
Public streets or highways. No person shall operate an all-terrain
vehicle upon the main traveled portion of any public street or highway
or within the right-of-way limits thereof, except as follows:
(1)
Properly registered all-terrain vehicles may cross, as directly as
possible, public streets or highways, except limited-access highways,
provided that such crossing can be made in safety and that it does
not interfere with the free movement of vehicular traffic approaching
from either direction of such public street or highway. Prior to making
any such crossing, the operator shall bring the all-terrain vehicle
to a complete stop. It shall be the responsibility of the operator
of the ATV to yield the right-of-way to all vehicular traffic upon
any public street or highway before crossing the same.
(2)
Whenever it is impracticable to gain immediate access to an area
adjacent to a public highway where an all-terrain vehicle is to be
operated, it may be operated adjacent and parallel to such public
highway for the purpose of gaining access to the area of operation.
This subsection shall apply to the operations of an all-terrain vehicle
from the point where it is unloaded from a motorized conveyance when
such loading or unloading cannot be effected in the immediate vicinity
to the area of operation without causing a hazard to vehicular traffic
approaching from either direction on said public highway. Such loading
or unloading must be accomplished with due regard to safety, at the
nearest possible point to the area of operation.
D.
Written consent.
(1)
No person shall operate a motorcycle or all-terrain vehicle on the
property of another without receiving the consent of the owner of
the property or the person who has a contractual right to the use
of such property.
(2)
No person shall continue to operate a motorcycle of ATV on the property
of another after consent has been withdrawn.
E.
Harsh, objectionable or unreasonable noise. It shall be unlawful
for any person to operate or permit or suffer to be operated a motorcycle
or all-terrain vehicle in such manner as to disturb or interfere with
the peace and quiet of other persons.
F.
Careless, reckless or negligent operation. It shall be unlawful for
any person to operate or permit or suffer to be operated, a motorcycle
or ATV in a careless, reckless or negligent manner so as to endanger
or be likely to endanger the safety or property of any person.
G.
Protective helmets. It shall be unlawful for any person to operate
or permit or suffer to be operated, or to ride as passenger on, any
motorcycle or all-terrain vehicle without wearing a protective helmet
approved by the Director of the Division of Motor Vehicles in the
Department of Law and Public Safety of the State of New Jersey. Any
such helmet shall be of a type acceptable for use in conjunction with
motorcycles as provided in N.J.S.A.39:3-76.7 through N.J.S.A. 39:2-76.10.
H.
Headlights, taillights, brakes and mufflers. It shall be unlawful
for any person to operate or permit or suffer to be operated an all-terrain
vehicle that is not equipped with working headlights, taillights,
brakes or proper mufflers as supplied by the motor manufacturer for
the particular model without modifications.
I.
Pursuit of wildlife or domesticated animals. It shall be unlawful
for any person to operate or permit or suffer to be operated a motorcycle
or all-terrain vehicle at any time and in any manner intended or reasonable
to be expected to harass, drive or pursue any wildlife or domesticated
animals.
J.
Lighted headlights and taillights. It shall be unlawful for any person
to operate or permit to be operated any all-terrain vehicle without
lighted headlights and lighted taillights.
K.
Railroads. It shall be unlawful for any person to operate or permit
or suffer to be operated a motorcycle or all-terrain vehicle upon
railroad or right-of-way of an operating railroad except railroad
personnel in the performance of their duties.
L.
Rules and regulations. It shall be unlawful for any person to violate
any provision of this chapter or any rule or regulation adopted pursuant
to this chapter.
No person under the age of 16 years shall operate or be permitted
to operate any all-terrain vehicle on public lands or upon a public
highway.
A.
Any person who shall violate any provisions of this chapter or any
rule or regulation promulgated pursuant to this chapter shall be punished
by a fine of not more than $1,000 for the first offense and not more
than $2,000 for any subsequent offense in the discretion of the court.
B.
In addition to the monetary penalties outlined in this section, if a vehicle transports an off-road vehicle, as described in § 224-1 above, that is operated in violation of this section, the transporting vehicle can be towed or booted and a summons issued to the operator of the transporting vehicle for a violation of this section.
C.
A separate offense shall be deemed committed on each day during or
on which a violation occurs or continues.
D.
It shall be refutably presumed that any person under the age of 18
who operates a motor-driven vehicle in violation of the terms of this
chapter and who resides with his or her parents, guardians or other
persons having custody of said person, that said person under the
age of 18 years is operating said motor-driven vehicle with the sufferance
and permission of said parents, guardians or other persons having
custody of said person and said parents, guardians or other persons
having custody of said person shall be subject to prosecution the
same as said person under the age of 18 years who actually operated
the motor-driven vehicle in violation of this chapter.
Any and all ordinance or parts thereof in conflict or inconsistent with any of the terms and provision of this chapter are here by repealed to the extent of their inconsistency; provided, however, that the adoption of this chapter shall not prevent or bar the continuance or institution of proceedings for offenses heretofore committed in violation of any existing ordinances of the Township of Weymouth or violation of N.J.S.A. 39:1 et seq. It is the intention of this new chapter to replace the prior chapter found in Code Chapter 224. This chapter shall repeal the prior Code chapter only upon the effective date of this chapter.
