[HISTORY: Adopted by the Township Committee of the Township of Hillsborough 5-23-2006
by Ord. No. 2006-14.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Vehicle and traffic regulations — See Ch. 143.
Noise — See Ch. 211.
Peace and good order — See Ch. 224.
[1]
Editor's Note: This ordinance also repealed former Ch. 279, Vehicles,
Off-Road, adopted 12-14-1976 by Ord. No. 76-22 (Ch. 114 of the 1977 Code),
as amended.
This chapter shall be known and cited as the "Off-Road Vehicle Control
(ORVIC) Ordinance of Hillsborough Township."
The purpose of this chapter shall be to set standards for the operation
of motor-driven off-road vehicles within the Township of Hillsborough to minimize
the impact of operation of such vehicles on residents of the Township, the
public at large, the environment and assure minimum standards of safety.
As used in this chapter, the following terms shall have the meanings
indicated:
Any vehicle that is propelled other than by human or animal power.
Motor vehicles which are capable of human transport and designed
or used for the purpose of recreation off of the public right-of-way by, but
not limited to, all-terrain vehicles (ATV), trail/dirt bikes, minibikes, go-carts
and snowmobiles. This chapter shall not apply to lawn mowers, tractors or
farm, lawn, garden or similar equipment for residential use, or business or
agricultural/farming activities when used for purposes for which each was
designed.
Lands owned, leased or under the jurisdiction of the Township of
Hillsborough or the Township of Hillsborough Board of Education.
A.
It shall be unlawful to operate any ORV under the following
circumstances:
(1)
On the property of another person or party, unless the
operator of the ORV has written permission of the owner or legal occupant
of said property to operate the ORV thereon or said property owner is present.
Said written permission must be exhibited to police officers upon request.
(2)
On any public street, sidewalk or bike path within the
Township of Hillsborough unless, where possible, the operator is fully dismounted
or otherwise permitted.
(3)
On public property unless written permission for operation
of ORVs on said property has been specifically given by the applicable public
authority.
(4)
Within 450 feet of an occupied dwelling, other than the
operator's, or on other permitted property, in a manner creating:
(a)
Any harsh, objectionable or unreasonable noise so as to disturb or interfere with the peace and quiet of other persons or which produces noise in violation of Chapter 211 of the Code of the Township of Hillsborough, titled "Noise."
(b)
The presence in the outdoor atmosphere of airborne dust,
dirt or debris or in an unsafe manner creating a physical hazard beyond the
property line on which the ORV operates such that it interferes with the enjoyment
of life or property of the adjoining property occupant.
B.
It shall be unlawful for the owner or person having control
or custody of an ORV to allow or enable a minor (under age 18) to operate
said ORV in manner violating any section of this chapter.
(1)
When a minor operates an ORV in violation of this chapter,
it shall be a rebuttable presumption that the parent or guardian enabled the
ORV to be so operated.
C.
Exemptions:
(1)
ORVs used in or related to agricultural/farm activities,
gardening, yard work and for snow removal.
(2)
Necessary limited operational testing of ORVs in conjunction
with maintenance and repair activities between the hours of 8:00 a.m. and
8:00 p.m.
(3)
ORVs during transit to or from public roadways. Loading
and unloading of ORVs.
A.
Reports of the prohibited acts from two or more persons
who are in general agreement as to the times and duration of the prohibited
acts and who reside in separate residences, including apartments and condominiums
located within 200 feet of a property line (boundary) from the property on
which the source of prohibited acts occur, shall be evidence of a violation.
B.
Nothing in this chapter shall preclude a single individual
from registering a complaint for any violation of this chapter.
A.
It shall be unlawful for any ORV to be operated within
the Township of Hillsborough which does not conform to current federal or
state standards for the type of ORV in question. If no such standard exists,
then current recognized standards-setting bodies or industry trade association
standards shall be used, if available.
B.
It shall be unlawful for any ORV to be operated without
a muffler. For two-cycle engines, a United States Forest Service approved
muffler/spark arrester combination is required.
A.
The violation of any section of this chapter shall constitute
a separate and distinct offense independent of the violation of any other
section or of any order issued pursuant to this chapter. Each day of violation
shall constitute an additional, separate and distinct offense.
B.
The first violation of any section of this chapter shall be deemed a Class A offense as it is defined in § 1-15 of the Code of the Township of Hillsborough.
(1)
In cases where a minor is involved, a verbal first warning
and copy of this chapter may be provided to both the minor and the parent
or legal guardian in lieu of a summons, at the discretion of the police officer.
C.
A second violation of this chapter within any thirty-day period shall be deemed a Class B offense as it is defined in § 1-15 of the Code of the Township of Hillsborough.
D.
A third violation of this chapter within any sixty-day period shall be deemed a Class C offense as it is defined in § 1-15 of the Code of the Township of Hillsborough.
E.
In the case of violations of trespassing, the police
may, in addition to issuing a summons, also immediately impound the ORV used
or operated in violation of this chapter. The ORV will be returned upon payment
of any towing or removal costs and/or any court-ordered fines.
