For the purpose of this chapter, the terms used herein shall
be defined as follows:
PUBLIC ACCESS
Any highway, road, lane or sand lane which is regularly maintained
by the Township of Alloway, County of Salem and/or State of New Jersey,
or any agency or division thereof, for the regular use of the public
at large.
PUBLIC PROPERTY
All streets, sidewalks, easements or any other areas dedicated
or commonly used for vehicular or pedestrian traffic or other public
use.
RECREATIONAL MOTOR VEHICLE
Any motor-driven vehicle or conveyance, including but not
necessarily limited to two-wheel motor vehicles commonly known as
"minibikes," trail bikes, dirt bikes, two- or three-wheeled motor
scooters or mopeds, whether powered by electric, gasoline or other
powered source, snowmobiles, all-terrain vehicles commonly known as
"ATVs," whether consisting of three- or four-wheeled configuration,
and four-wheel motor vehicles commonly known as "go-carts," which
are not licensed, registered and inspected by the State of New Jersey
for use upon public property. Licensed, registered or unregistered
motorcycles shall be considered a "recreational motor vehicle" to
the extent that the same are actually used in a manner prohibited
by this chapter or are constructed so as to be operated both on a
public street as well as off-road, commonly known as "dual purpose"
motorcycles, whether or not they are registered and inspected by the
State of New Jersey.
TOWNSHIP-OWNED/CONTROLLED LANDS
All parks, recreation areas, ballparks, lake areas, storage
facilities, garage areas, Board of Education property, preserved open
space lands, lands for which the Township, Board of Education, county
and/or state and/or joint venture between private and public concerns
have purchased development rights, and any and all other Township-owned/controlled
land, premises or facilities.
Recreational motor vehicles are not to be operated on township-owned
lands:
A. No recreational motor vehicle or other similar vehicle shall be permitted
to be driven, operated, ridden or allowed upon Township-owned/controlled
lands, including but not limited to playgrounds, parks, playing fields,
baseball fields, etc. by any person, whether licensed or unlicensed
by the State of New Jersey.
B. This prohibition shall not extend to the paved driveways, parking
lots and/or similar areas normally reserved for recreational motor
vehicles when said vehicle is driven, operated or ridden by an individual
holding a valid motor vehicle license from the State of New Jersey.
C. This prohibition shall not extend to any area which is designated
by the Township, county and/or state which is now or may in the future
be designated for use by recreational motor vehicles by any statute,
rule, regulation or ordinance; provided, however, that the recreational
motor vehicle is permitted to be used thereon by designation and is
used consistently with any applicable rules or regulations thereto.
D. To the extent permitted by the laws of the State of New Jersey as
may be applied and interpreted by any court, the Township of Alloway,
its officials, agents or employees shall not be liable for any injuries
to persons or property caused by operation of a recreational motor
vehicle in violation of this chapter.
Any person having in his possession a recreational motor vehicle on or about the area of Township-owned/controlled land on which the use of said vehicle is prohibited, as defined in §
92-1 above, shall be presumed to have said vehicle on the property for the purpose of operating, driving, and/or riding said vehicle, and said possession of said vehicle, unless said presumption of intent to operate, drive or ride said vehicle is rebutted by the individual, shall be a violation of this chapter.
Any person, firm or corporation who violates any provision of
this chapter shall, upon conviction thereof, be punishable by one
or more of the following: by imprisonment for a term not exceeding
90 days or by a fine not exceeding $1,000 or by a period of community
service not exceeding 90 days, or any combination thereof. Each violation
hereof shall be considered a separate act. In addition, if any violation
results in property damage to any public or private land, the person,
firm or corporation violating the provisions of this chapter shall,
upon conviction, be liable for restitution resulting from said damage.