[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:
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.
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.
Any and all real property which is owned or controlled by
a governmental entity.
A.
Public lands.
(1)
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.
(2)
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.
B.
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.
C.
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.
D.
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.
E.
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.
A.
Any police officer may, at his discretion:
(1)
Impound any off-road vehicle alleged to be operated
or permitted or suffered to be operated in violation of this chapter.
(2)
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.
B.
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.
C.
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.
D.
A separate offense shall be deemed committed on each
day during or on which a violation occurs or continues.
E.
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.
F.
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.
