[HISTORY: Adopted by the Township Committee of the Township of South Harrison 11-14-1985 by Ord. No. 0-12-85]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 136.
ATTACHMENTS
Attachment 1 - Exhibit A - Permission Form
As used in this chapter, the following terms shall have the meanings indicated:
OFF-THE-ROAD VEHICLE
[Amended 9-9-2020 by Ord. No. 0-20-05]
A. 
Any motorized vehicle with two or more wheels or tracks that is capable of being operated off of regularly improved and maintained roads including, but not limited to, motorcycles, snowmobiles, all-terrain vehicles, minibikes, trail bikes, dirt bikes, go-carts, dune buggies, mopeds and similar motor propelled or motor assisted vehicles, but shall not include golf carts or an all-terrain vehicle operated by an employee or agent of the state, county, municipality, fire company, or a member of an emergency service organization or emergency medical technician which is used while in the performance of the employee’s, agent’s, member’s or technicians official duties. “Motorized vehicles” considered off-the-road vehicles covered by this chapter are commonly known and referred to among other designations as mopeds, minibikes, go-carts, all-terrain vehicles, motorcycles, trail bikes, dirt bikes, dune buggies, and similar vehicles with helper motors which by their nature are not permitted upon the public highways, but shall not include motorized vehicles, lawn tractors and all-terrain vehicles used exclusively for residential property maintenance, agricultural and/or farming operations. As used in this section and chapter, “farm” means land used for commercial raising, growing and producing of any crop, livestock, or fur products on land not less than five acres in area and which is not used in the business of buying farm products for resale as defined under N.J.S.A. 39:3C-30.1(b).
B. 
Any two-wheeled motorcycle, dirt-bike, trail-bike, moped, mini-bike, and similar motorized or motor propelled vehicles of the bicycle or tricycle type.
C. 
Snowmobiles 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, but does not include any farm tractor or farm equipment, highway or other construction equipment, or any military vehicle.
PRIVATE PROPERTY
Real estate located in the Township of South Harrison which is in private ownership.
PUBLIC PROPERTY
Real estate located in the Township of South Harrison which is owned by the Township, state or federal governments, or any subdivision thereof or Boards of Education, not including public streets and roads.
A. 
No person shall operate an off-the-road vehicle on private property within the Township of South Harrison without having in his or her possession a written statement signed by the owner of the property on which said vehicle is being operated stating that the operator of the vehicle has the permission of the owner to operate the motor vehicle on that property. This section shall not apply to the operation of properly licensed motor vehicles or motorized bicycles by properly licensed operators on portions of private property designed and intended for public usage by a motor vehicle, such as shopping centers, parking lots, and the like, or shall not apply to the operation of farm equipment, lawn mowers and the like on the property of the owner. The form of the aforesaid written statement shall be in the form attached hereto as Exhibit A.[1]
[1]
Editor's Note: Exhibit A is included at the end of this chapter.
B. 
No person shall operate an off-the-road vehicle on public property within South Harrison Township without the operator having in his or her possession the written permission of the governmental body having custody and control over such property stating the the operator is permitted to operate the vehicle on the said property. This section shall not apply to operation of properly licensed motor vehicles or motorized bicycles by properly licensed operators on portions of public property designed and intended for public usage by a motor vehicle, such as shopping centers, parking lots and the like.
C. 
Subject to the written private property owner consent requirements prescribed within § 140-2A and N.J.S.A. 39:3C-18, no person shall operate an off-the-road vehicle on private property less than two acres nor within 100 feet from an adjoining property boundary line and at least 100 feet from any public street or right-of-way. Unless adjoining contiguous properties are owned under common title by the same individual(s) and/or entity, this section compels off-the-road vehicles maintain a distance of at least 100 feet from all property boundary lines.
[Added 7-9-2008 by Ord. No. 0-08-09; amended 9-9-2020 by Ord. No. 0-20-05]
D. 
No person shall operate an off-the-road vehicle on any public grounds or property, including playgrounds and recreational areas or lands owned by the Township, excluding streets, the use of which is expressly provided for by the New Jersey statutes.
[Added 7-9-2008 by Ord. No. 0-08-09]
E. 
No person(s) shall operate an off-the-road vehicle in a manner so as to create a harsh, objectionable, or unreasonable noise so as to annoy other persons or to disturb or interfere with the peace and quiet of the Township. Further, no person shall operate an off-the-road vehicle before the hour of 9:00 a.m. and after the hour of 8:00 p.m. prevailing time, or sunset, whichever shall first occur. Further, no person shall cause dust or debris to be created which disturbs the peace and repose of neighbors; causes property damage to neighboring homes and/or creates traffic hazards to passing motorists.
[Added 7-9-2008 by Ord. No. 0-08-09; amended 9-9-2020 by Ord. No. 0-20-05]
F. 
No person shall operate an off-the-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, including the operator of the vehicle.
[Added 7-9-2008 by Ord. No. 0-08-09]
G. 
No person operating an off-the-road vehicle shall carry any passenger or passengers therein or thereon unless said vehicle is specifically equipped for the purpose of carrying one or more passengers, and no person operating an off-the-road or similar vehicle shall carry or transport more passengers therein or thereon than such vehicle is specifically equipped to carry.
[Added 7-9-2008 by Ord. No. 0-08-09; amended 9-9-2020 by Ord. No. 0-20-05]
H. 
(Reserved)
I. 
Protective helmets. It shall be unlawful for any person to operate or to permit to be operated, or to ride as a passenger on, any off-the-road vehicle without wearing a protective helmet approved by the Director of the Division of Motor Vehicles in the Department of Law and Public Safety of the State of New Jersey. Any such helmet shall be of a type acceptable for use in conjunction with off-the road vehicles and motorcycles as provided in N.J.S.A. 39:3-76.7 through N.J.S.A. 39:3-76.10.
[Added 7-9-2008 by Ord. No. 0-08-09; amended 9-9-2020 by Ord. No. 0-20-05]
J. 
Headlights, taillights, brakes and mufflers. It shall be unlawful for any person to operate or permit to be operated an off-the-road vehicle that is not equipped with working headlights, taillights, brakes and proper mufflers as supplied by the motor manufacturer for the particular model without modifications.
[Added 7-9-2008 by Ord. No. 0-08-09; amended 9-9-2020 by Ord. No. 0-20-05]
K. 
Pursuit of wildlife. It shall be unlawful for any person to operate or permit to be operated an off-the-road vehicle at any time and in any manner intended or reasonably to be expected to harass, drive or pursue any wildlife or domesticated animal.
[Added 7-9-2008 by Ord. No. 0-08-09; amended 9-9-2020 by Ord. No. 0-20-05]
L. 
Lighted headlights and taillights. It shall be unlawful for any person to operate or permit to be operated an off-the-road vehicle without lighted headlights and lighted taillights.
[Added 7-9-2008 by Ord. No. 0-08-09; amended 9-9-2020 by Ord. No. 0-20-05]
M. 
Railroads. It shall be unlawful for any person to operate or permit to be operated an off-the-road vehicle upon any railroad or right-of-way of an operating railroad, except railroad personnel in the performance of their duties.
[Added 7-9-2008 by Ord. No. 0-08-09; amended 9-9-2020 by Ord. No. 0-20-05]
N. 
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.
[Added 7-9-2008 by Ord. No. 0-08-09]
Any person operating an off-the-road vehicle on public or private property in South Harrison Township shall, upon the request of any law enforcement officers, present his or her written permission for the operation of an off-the-road vehicle on that property.
It shall be unlawful for any off-the-road vehicle to be operated within the Township of South Harrison unless the vehicle is equipped with the original factory exhaust and muffler system, or equivalent equipment, in good operating condition.
Any person granting written permission to another individual to use an off-the-road vehicle on his or her property shall be responsible and accountable for any and all conduct of such permittees on said property, including but not limited to responsibility for violation of any local ordinances relating to health and safety, as well as any claims that may arise out of the operation of said vehicles on said owner's property. Nothing in this section is intended to absolve the parents of any underage permittees of any legal responsibility they may have for the conduct of their children.
A. 
Any person violating any of the provisions of this chapter shall, upon conviction thereof, be punishable as provided in § 1-14 of this Code and N.J.S.A. 39:3C-28; and N.J.S.A. 39:3C-33 through N.J.S.A. 39:3C-36.
[Amended 8-9-2006 by Ord. No. 0-06-08; 9-9-2020 by Ord. No. 0-20-05]
B. 
The police may, in addition to issuing a summons, also immediately confiscate the off-the-road vehicle used or operated in violation of this chapter, to be held by the police until a hearing on said summons.
C. 
Upon subsequent conviction for violation of this chapter by the same registrant (or involving the same vehicle), the court may, in its discretion, order the confiscation and forfeiture of the vehicle in question by the police.
[Added 7-9-2008 by Ord. No. 0-08-09; amended 9-9-2020 by Ord. No. 0-20-05]
Any person under the age of 18 years who shall violate any of the provisions of this chapter shall be subject to the adjudication and disposition provisions of N.J.S.A. 2A:4A61. Further, any parent, guardian or any person having the care, custody and control of any child under the age of 18 years, who shall knowingly permit such child to operate an off-the-road or similar vehicle, shall be in violation of this chapter.
[Added 7-9-2008 by Ord. No. 0-08-09; amended 9-9-2020 by Ord. No. 0-20-05]
Any off-the-road vehicle, as defined under § 140-1, operated within the Township shall comply with all relevant provisions of N.J.S.A. 39:3C-1 et seq., including, but not limited to, the registration provisions contained in N.J.S.A. 39:3C-3 and the unlawful act regulations contained in N.J.S.A. 39:3C-19.
[Added 7-9-2008 by Ord. No. 0-08-09]
A. 
Any law enforcing agency enforcing this chapter may impound any off-the-road vehicle operated on public or private property pursuant to N.J.S.A. 39:3C-34 through N.J.S.A. 39:3C-36.
[Amended 9-9-2020 by Ord. No. 0-20-05]
B. 
In cases involving persons under the age of 17 years old, the vehicle may be returned to the operator's parent or legal guardian upon payment of all costs and fees associated with the impoundment, which may include, but not be limited to, storage fees. In the case of an unregistered vehicle, the vehicle shall be released from impoundment upon proof that the vehicle has been properly registered and insured under the New Jersey statutes and upon payment of all fees and costs incurred in the impoundment, including, but not limited to, storage fees. In the case of the vehicle being unable to be registered and insured in this state and if the person(s) is under the age of 18 years old, then the vehicle may be returned to his/her parent guardian.
C. 
In the event that the impounded vehicle is unable to be driven legally upon the roadways of this state (i.e., all-terrain vehicles, dirt bikes and such), the vehicle must be removed from impound by either towing or carting.
Nothing in this chapter shall prevent acceptable agricultural management practices as set forth in the Township's Right to Farm Ordinance.[1]
[1]
Editor's Note: See § 90-5.36, Right to farm.