[HISTORY: Derived from the Sec. 3-14 of the 1975 Code (Ord. No. 17-85). Amendments noted where applicable.]
GENERAL REFERENCES
Noise — See Ch. 184.
Vehicles and traffic — See Ch. 259.
As used in this chapter, the following terms shall have the meanings indicated:
MOTORCYCLE
Any two-wheeled, motor-propelled apparatus licensed by the State of New Jersey, Department of Motor Vehicles, for operation upon the public highways.
MOTORIZED BICYCLE
A. 
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 a moped, minibike, motor scooter, gas buggy, go-cart, all-terrain vehicle (ATV), trail bike 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, notwithstanding the fact that licensing of the same in some instances may not be required for operation upon the public highways.
B. 
A snowmobile and any similar sport vehicle which is motor propelled and traverses the terrain by means of treads, tracks or the like, all as contrasted to wheels.
PRIVATE PROPERTY
All lands in the Borough of Franklin not defined below as public property or part of a road system defined as an exception in the definition of "public property" set forth below.
PUBLIC PROPERTY
Lands owned or leased by the Borough of Franklin, a municipal corporation of the State of New Jersey, County of Sussex and State of New Jersey, Borough of Franklin Board of Education or any other equivalent public body 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, Borough of Franklin or County of Sussex.
UNLICENSED OPERATOR
The operator of any motorcycle who does not hold a special license issued by the State of New Jersey, Department of Motor Vehicles, permitting the operation of any motorized bicycle, motorcycle or snowmobile.
It shall be unlawful to operate a motorized bicycle, motorcycle or snowmobile:
A. 
Upon public or private property during the period after sunset and before sunrise, but the within prohibition shall not be applicable to motorcycles entering or exiting on public roads, over private property, over driveways provided for said purpose of ingress and egress.
B. 
Upon any private street or right-of-way located in the Borough of Franklin.
C. 
Upon public grounds within the borough without the express written permission or approval of the proper public authority and then only in accordance with such rules and regulations as such public authority may propose.
D. 
Upon public or private property other than the property of the family of which the operator is a residing member by any operator under the age of 17 years,
E. 
Upon public or private property other than with the written consent of all of the owners of said property.
F. 
Upon public or private property other than in accordance with the general regulations set forth in this chapter.
G. 
In a manner which creates loud, unnecessary or unusual noise so as to disturb or interfere with the peace and quiet of other persons.
H. 
In such a way to harass, worry or disturb farm animals, domestic livestock or wildlife or further destroy or damage crops of cropland.
I. 
In a careless, reckless or negligent manner which endangers the safety of any person or property of any person.
J. 
Without the motorized bicycle, motorcycle or snowmobile being in proper operating condition, which is hereby defined as the presence of all original operating equipment specified therefor by the original manufacturer with the same in operating condition at least equal to the manufacturer's requirements for the proper operation thereof or the equivalent thereof.
The following regulations shall apply to the operation of motorized bicycles, motorcycles and snowmobiles operated on public or private property other than on the property of the family of which the operator is a member:
A. 
The operator of a motorized bicycle, motorcycle or snowmobile shall wear a helmet, together with goggles or face shields, such as are approved therefor by the State of New Jersey, Department of Transportation.
B. 
No person operating a motorized bicycle, motorcycle or snowmobile shall engage in fancy or trick riding or ride without maintaining full control of such motorized bicycle, motorcycle or snowmobile or remove both hands from the handlebar or steering mechanism.
C. 
No person operating a motorized bicycle, motorcycle or snowmobile shall carry any other person thereon except in a place designated therefor and equipped therefor as part of original manufacture for said purpose, and in no event shall a rider be carried on the handlebar thereof.
Any police officer may:
A. 
Impound any motorized bicycle, motorcycle or snowmobile operated on public or private property alleged to be in violation of this chapter either by virtue of its operation and use or by virtue of its operation by an unlicensed operator; and
B. 
Impound any motorized bicycle or motorcycle operating on the public roadways in violation of any then applicable state statute or any regulation validly promulgated by any state agency having jurisdiction. Said period of impoundment shall be from the date of the alleged violation until the disposition of the alleged offense by a court of competent jurisdiction, and the owner thereof shall pay the reasonable cost of said removal and storage constituting impoundment, which is hereby deemed to be as set forth in Chapter 119, Fees, per day, which charge for impoundment shall in no event exceed a charge for 30 consecutive calendar days, provided that the operator shall be deemed guilty of the alleged offense. The borough may invoke appropriate statutory remedies in case of failure to pay the required impoundment fees, penalties, etc. Said expense of impoundment shall be in addition to any other fine or penalty levied or collected under the terms of this chapter.
Any parent or guardian who knowingly permits his or her minor child or ward to operate any unlicensed motorized bicycle, motorcycle or snowmobile in violation of any provision of this chapter shall be deemed in violation of this chapter and shall be subject to the same penalties as his or her minor child or ward.
A. 
Violations of this chapter shall be subject to the penalties of this section.
B. 
Maximum penalty. For violation of any provision of this chapter, any other chapter of this revision or any other ordinance of the borough where no specific penalty is provided regarding the section violated, the maximum penalty, upon conviction, shall be a fine not exceeding $1,000 or imprisonment for a period not exceeding 90 days, or both (N.J.S.A. 40:49-5).
C. 
Separate violations. Except as otherwise provided, every day in which a violation of any provision of this chapter or any other ordinance of the borough exists shall constitute a separate violation.
D. 
Application. The maximum penalty stated in this section is not intended to state an appropriate penalty for every violation. Any lesser penalty, including a nominal penalty or no penalty at all, may be appropriate for a particular case or violation.
E. 
Minimum penalty. The Borough Council may prescribe that, for the violation of any particular Code provision or ordinance, at least a minimum penalty shall be imposed which shall consist of a fine which may be fixed at an amount not exceeding $100 (N.J.S.A. 40:49-5).