[HISTORY: Adopted by the Township Committee of the Township of Mullica 5-22-2007 by Ord. No. 9-2007. Amendments noted where applicable.]
The purpose of this chapter is to control and regulate off-road vehicles, as defined in § 237-2, Definitions, and in N.J.S.A. 39:1-1 et seq., and N.J.S.A. 39:3C-1 et seq., in order to preserve the public peace and order and protect the health, safety and welfare of the general public of the Township of Mullica.
As used in this chapter, the following terms shall have the meanings indicated:
- OFF-ROAD VEHICLE and ALL-TERRAIN VEHICLE
- A motor vehicle, designed to travel over any terrain, of a type possessing between two and six tires and includes, but is not limited to, dirt bikes, trail bikes, minibikes, motor scooters, go-carts, all-terrain vehicles, swamp buggies, mopeds and snowmobiles, and any other motor-driven vehicles which are not authorized to be licensed by the State of New Jersey Department of Motor Vehicles for use upon the public highways.
- PUBLIC HIGHWAY
- The entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.
- PUBLIC LANDS
- Any and all real property which is owned or controlled by a governmental entity.
It shall be unlawful for any person or persons to operate or permit or suffer to be operated an off-road vehicle, as defined herein, on any public grounds or property, including playgrounds, parks and recreational areas.
It shall be unlawful for any person to operate or permit or suffer to be operated a motorcycle on public grounds or property (including playgrounds, parks and recreational areas) except on public streets or highways as defined in N.J.S.A. 39:1-1 and public parking areas.
Harsh, objectionable or unreasonable noise. It shall be unlawful for any person to operate or permit or suffer to be operated an off-road vehicle in such manner as to cause a harsh, objectionable or unreasonable noise so as to disturb or interfere with the peace and quiet of other persons.
Careless, reckless or negligent operation. It shall be unlawful for any person to operate or permit or suffer to be operated an off-road vehicle in a careless, reckless or negligent manner so as to endanger or be likely to endanger the safety or property of any person.
Pursuit of wildlife. It shall be unlawful for any person to operate or permit or suffer to be operated an off-road vehicle at any time and in any manner intended or reasonably expected to harass, drive or pursue any wildlife.
Rules and regulations. It shall be unlawful for any person to violate any provision of this chapter or any rule or regulation adopted pursuant to this chapter.
No person under the age of 14 years shall operate or be permitted to operate any off-road vehicle on public lands or upon a public highway.
Any police officer may, at his discretion:
Impound any off-road vehicle alleged to be operated or permitted or suffered to be operated in violation of this chapter.
Impound any off-road vehicle operating on the public roadways in violation of any then-applicable state statute or any regulation validly promulgated by any state agency having jurisdiction.
The period of any 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 cost is set forth in Chapter 217, Towing. No off-road vehicle will be released without showing proof of proper registration and insurance. The expense of impoundment shall be in addition to any other fine or penalty levied or collected under the terms of this chapter.
Any person who shall violate any provision of this chapter or any rule or regulation promulgated pursuant to this chapter shall be punished by a fine of $200 for the first offense and not more than $1,000 for any subsequent offense, in the discretion of the court.
A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
Any person under the age of 18 years who shall violate any of the provisions of this chapter shall be deemed to be a juvenile delinquent and shall be proceeded against as such.
In addition to the penalties described in Subsection A, if the violation for which an operator of an off-road vehicle has been convicted has caused damage to real or personal property, the operator so convicted, as well as the registered owner(s) of the vehicle involved, if such vehicle was in the possession of the operator with the permission of any owner(s), may also be ordered by the court to pay restitution for the full amount of such damage.