Township of Franklin, NJ
Somerset County
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Table of Contents
Table of Contents
[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).

§ 378-1 Definitions; regulations for operation of motorized sport bikes and related vehicles.

A. 
The following terms used herein shall be defined thusly:
MOTORIZED SPORT BIKE
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.
PRIVATE PROPERTY
All lands and buildings in the Township of Franklin not included in the definition of "public property" or part of the public road system.
PUBLIC PROPERTY
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.

§ 378-2 General regulations.

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.

§ 378-3 Exceptions.

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.

§ 378-4 Violations and penalties.

Any person who shall violate the provisions of this article shall be subject to the penalties included in Chapter 1, Article II, General Penalty, or as applicable, to those penalties provided for in P.L. 2009, c.275, upon its effective date.

§ 378-5 Unlawful areas of operation.

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.

§ 378-6 Violations and penalties.

Any violation of the provisions of this article shall be punishable as provided in Chapter 1, Article II, General Penalty, or as applicable, to those penalties provided for in P.L. 2009, c.275, upon its effective date.