[HISTORY: Adopted by the Township Committee of the Township of Franklin 11-26-1979
as Ord. No. 79-6. Section 131-4C and D amended at time of
adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments
noted where applicable.]
GENERAL REFERENCES
Vehicle and traffic regulations — Ch. 129.
As used in this chapter, the following terms shall have the meanings
indicated:
Any two-wheeled motor-propelled apparatus required to be licensed
by the State of New Jersey, Department of Motor Vehicles, for operation upon
the public highways.
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 "moped," "minibike," "go-cart," "all-terrain vehicle (ATV)," "trailbike"
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.
All lands in the Township of Franklin not above defined as public
property or part of the road systems defined as an exception in the definition
of "public property" below.
Land owned or leased by the Township of Franklin, a municipal corporation
of the State of New Jersey, in the County of Warren, Franklin Township Board
of Education or any other equivalent public body of the Township of Franklin,
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, County of Warren, State of New Jersey,
or the Township of Franklin, County of Warren, State of New Jersey.
A term used in this chapter to describe, in the aggregate, vehicles
used for transportation and/or sport as separately defined in this section.
Any vehicle propelled by a motor and which traverses the terrain
by means of treads or tracks.
The operator of any motorcycle or motorized sportbike who does not
hold a special license issued by the State of New Jersey, Department of Motor
Vehicles, permitting the operation of a motorcycle or motorized bicycle or
sportbike, as defined above, on the public highways.
It shall be unlawful to operate any type of regulated vehicle, as defined
in this chapter, under the following circumstances:
A.
On private property of another person or party or on
any private street or right-of-way within the Township of Franklin without
the express written permission to do so by the owner or lessee of said property.
Where such written consent has been obtained, the operator shall keep the
same on his person available for immediate display during the period of such
operation.
B.
On any public grounds or property of the Township of
Franklin, including any parks, recreation areas, lake areas, streets, highways,
sidewalks or areas designated or commonly used for vehicular or pedestrian
traffic, except, however, such vehicles as are licensed by law and as such
may be permitted to use public streets or highways under N.J.S.A. 39:1-1 et
seq.
C.
Upon public or private property during the period of
one hour after sunset to one hour before sunrise, except that this provision
shall not apply to snowmobiles.
D.
For an unlicensed operator to operate a motorcycle on
any private property or public property.
E.
To operate in such a manner as to create loud and excessive
or unusual noise so as to disturb or interfere with the peace and quiet of
the neighborhood or health of any person or persons.
F.
To operate in a careless, reckless or negligent manner,
to include any trick riding as to endanger the safety of any person or persons,
including the operator of such regulated vehicle, or the property of any other
person, private or corporation.
A.
It shall be unlawful for the parent, guardian or any
person having the care, custody and control of any child under the age of
18 years to permit such child to operate a regulated vehicle in violation
of the terms of this chapter.
B.
The operation of such regulated vehicle in violation of this chapter by a minor, after a warning notice pursuant to § 131-4A has been mailed to the parent, guardian or custodian of that minor, shall be prima facie evidence that the parent, guardian or custodian has permitted the minor to so operate the regulated vehicle in violation of this chapter.
A.
Any minor charged with violating the provisions of this
chapter, for the first offense, shall be issued a warning notice by the enforcement
officer, and a copy thereof shall be forwarded to the parent, guardian or
custodian of such minor.
B.
Any minor who shall violate the provisions of this chapter after having been issued a warning notice as described in Subsection A shall be deemed to be a juvenile offender.
C.
Any parent or guardian or any person having the care,
custody and control of any minor under the age of 18 years who shall permit
said minor to operate a regulated vehicle in violation of this chapter shall,
upon conviction, be punished by a fine not to exceed $1,000 or by imprisonment
in the County jail for a term not to exceed 90 days, or both.[1]
It shall be the duty of any peace officer to:
A.
Impound any regulated vehicle operated on public or private
property alleged to be in violation of this chapter, either by virtue of its
operation or use or by virtue of its operation by an unlicensed operator.
B.
Said period of impoundment shall be from the date of
the alleged violation until the disposition of the alleged offense by such
court of competent jurisdiction as shall hear the same, and the owner thereof
shall pay the reasonable cost of said removal and storage, constituting impoundment,
which is hereby deemed to be $3 per day, which charge for impoundment shall
in no event exceed 30 consecutive calendar days, provided that the operator
shall be deemed guilty of the alleged offense. Said expense of impoundment
shall be in addition to any other fine or penalty levied or collected under
the terms of this chapter.
