[HISTORY: Adopted by the Township Council
of the Township of Franklin 11-9-2010 by Ord. No. 3910.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Noise — See Ch. 167.
Vehicles and traffic — See Ch. 226.
Streets and sidewalks — See Ch. 333.
Inoperable vehicles — See Ch. 374.
[1]
Editor's Note: This ordinance amended in its entirety former Ch. 378, Vehicles, Unlicensed, consisting of Art. I, Use on Public and Private Property, adopted 7-12-1973 by Ord. No. 643 (Ch. 231, Art. I, of the 1990 Code), and Art. II, Use of Motorized Bicycles on Bike Paths, adopted 12-11-1980 by Ord. No. 1032 (Ch. 231, Art. II, of the 1990 Code).
A.
MOTORIZED SPORT BIKE
PRIVATE PROPERTY
PUBLIC PROPERTY
The following terms used herein shall be defined thusly:
Any two-, three- or four-wheeled bicycle, vehicle or conveyance
that is motor propelled or contains a motor to assist the operation
of said vehicle and which vehicles are commonly referred to as dirt
bikes, scooters, minibikes, go-carts, all-terrain vehicles (ATV's),
dune buggies and trail bikes, which vehicles by their nature and design
are not intended to be used and operated along paved roads and highways
but are intended rather to be operated in dirt, sand, up and down
hills, along trails and in similar type areas. "Motorized sport bike"
shall also include snowmobiles.
All lands and buildings in the Township of Franklin not included
in the definition of "public property" or part of the public road
system.
Lands and buildings owned or leased by the Township of Franklin,
the Franklin Township Board of Education, the County of Somerset or
the State of New Jersey or any other equivalent public body. "Public
property" shall also include any parks, ballparks, recreation areas,
lake areas, Township-owned streets, easements and sidewalks or areas
dedicated or commonly used for vehicular or pedestrian traffic, Township
storage facilities, Township garage area, Board of Education properties
and any and all other Township-owned and publicly owned lands and
premises. It shall also include those public lands set forth in P.L.
2009, c.275, including any public lands which may be subsequently
identified by ordinance.
B.
It shall be unlawful to operate any type of motorized sport bike
under the following circumstances:
(1)
To operate a motorized sport bike upon public property at any time
unless authorized as indicated below.
(2)
To operate a motorized sport bike on private property, other than
that private property owned by the family of the operator, without
the written consent of all of the owners of the private property.
(3)
To operate a motorized sport bike during the period of one hour after
sunset, until four hours after sunrise.
(4)
To operate a motorized sport bike upon any public street, roadway,
highway or within the boundaries of the public right-of-way within
the Township of Franklin, unless permitted by the licensure and registration
requirements of P.L. 2009, c. 275, administered by the Division of
Motor Vehicles.
(5)
To operate a motorized sport bike that causes noise so as to disturb
or interfere with the peace and quiet of other persons. Such noise
shall, for purposes hereof, be defined as such noise that exceeds
65 decibels when measured at or within the real property line of the
complainant beginning four hours after sunrise and continuing until
one hour after sunset, and on any day of the year, and such noise
that exceeds 50 decibels when measured at or within the real property
line of the complainant at any other time of any day of the year.
(6)
To operate a motorized sport bike so as to cause it to propel sand,
dirt, dust, rocks, gravel or other similar materials into the air
so as to be likely to injure persons and/or damage property.
(7)
To operate a motorized sport bike on public or private property in
such a way as to harass or disturb farm animals, domestic livestock
or wildlife or further to destroy or damage crops or farm produce.
(8)
To operate a motorized sport bike without the motorized sport bike
containing a muffler or other similar device to reduce the sound coming
from the engine of the vehicle.
(9)
To operate a motorized sport bike without the original or replacement
fenders so as to keep objects upon the ground from being propelled
into the air.
(10)
To operate a motorized sport bike near any public roadway so
that the operation of said motorized bike would cause operators of
automobiles, motorcycles or trucks to have to take evasive or irregular
action to move away from said motorized sport bike.
(11)
To operate a motorized sport bike without the motorized sport
bike being in proper operating condition, which means that all of
the original operating equipment specified by the original manufacturer
must be present on the bike or replacement equipment equal to the
specifications of the original manufacturer's equipment are present
and in operating condition at least equal to the manufacturer's
requirements for the proper operation thereof.
(12)
To operate a motorized sport bike on any private street or right-of-way
within the Township of Franklin without the written permission of
the owner of the private street or right-of-way.
(13)
To operate a motorized sport bike in a careless, reckless or
negligent manner which endangers the safety of any person, including
the operator himself, or the property of any person.
(14)
To operate a motorized sport bike while under the influence
of liquor or drugs in accordance with the requirements of N.J.S.A.
39:4-50.
(15)
To operate a snowmobile within the Township under the following
circumstances:
(a)
On any private street or right-of-way.
(b)
On public grounds within the Township without the express written
permission or approval of the public authority having charge or control
thereof and then only in accordance with such rules and regulations
as such public authority may impose.
(c)
In a manner so as to create loud, unnecessary or unusual noise
so as to disturb or interfere with the peace and quiet of other persons.
Such noise shall, for purposes hereof, be defined as such noise that
exceeds 65 decibels when measured at or within the real property line
of the complainant, beginning four hours after sunrise and continuing
until one hour after sunset, and on any day of the year, and such
noise that exceeds 50 decibels when measured at or within the real
property line of the complainant at any other time of any day of the
year.
(d)
In a careless, reckless or negligent manner so as to endanger
or be likely to endanger the safety of any person or persons or the
property of any person or persons.
(16)
To the degree not covered above, on public property without
express written provision or written permission to do so by the proper
public authority in accordance with P.L. 2009, c.275.
(17)
To clean, maintain, repair or operate a motorized sport bike
or snowmobile in the driveway of any residential property, or on any
portion of private property, for more than 15 minutes in any hour,
no more than two times per day for a total of 30 minutes, unless sound
levels are at or below 65 decibels when measured at or within the
real property line of the complainant, beginning four hours after
sunrise and continuing until one hour after sunset, and on any day
of the year, and/or at or below 50 decibels when measured at or within
the real property line of the complainant at any other time of any
day of the year. For purposes hereof, "driveway" shall be defined
to mean a private driveway, road, field road, or other traveled way,
giving access from a public road or a private road to one or more
structures on a residential property.
(18)
In any manner that fails to conform with the licensing and operational
requirements of P.L. 2009, c.275, upon its effective date, which requires
motorized sport bikes to be licensed and registered in accordance
therewith.
A.
The operator of a motorized sport bike shall wear a (ANSI-regulation
or a MV-regulation approved) helmet upon his head and goggles or face
shields over his face.
B.
No person operating a motorized sport bike or motorcycle shall engage
in trick riding or shall ride without maintaining full control of
the motorized sport bike or shall remove both hands from the handlebar.
C.
No person operating a motorized sport bike shall carry any other
person on it except in a place designated for such purpose and equipped
for such purpose as part of the original manufacture for said purpose.
This article shall not apply to:
A.
Police and emergency vehicles;
B.
Farm or lawn maintenance vehicles specifically being used for farming
activities, yard work and/or snow removal;
C.
Motorized sport bikes or snowmobiles engaged in government or emergency
functions, including but not limited to utility repair, search and
rescue operations, firefighting or vehicles engaged in scientific
research in otherwise inaccessible areas;
D.
Motorized sport bikes or snowmobiles in transit to or from public
roadways or when being loaded or unloading from their transport vehicles;
E.
Lawn mowers, tractors, lawn, garden or similar equipment for residential
use. This equipment must however operate with a factory-installed
or functionally equivalent muffler;
F.
Public celebrations that are government-sponsored or government-permitted
events;
G.
Permitted motor vehicle racetracks;
H.
Safety training by a certified instructor under the Motorcycle Safety
Foundation (MSF) or another sanctioned curriculum and with written,
permitted approval from the Township; or
I.
Any other vehicle exempt from the licensing and operational requirements
of P.L. 2009, c.275.
It shall be unlawful for any motorized bicycle or motorized
sport bike to be operated upon, through or over the following described
lands or portions thereof:
A.
The bike path located along the entire length of John F. Kennedy
Boulevard from Amwell Road to Easton Avenue.
B.
The bike path located along Easton Avenue from John F. Kennedy Boulevard
to Cedar Grove Lane.
C.
Any other paths or public lands which may be subsequently identified
by ordinance pursuant to the provisions of this chapter and P.L. 2009,
c. 275.
