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Township of South Harrison, NJ
Gloucester County
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Table of Contents
Table of Contents
[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.
140a Exhibit A
As used in this chapter, the following terms shall have the meanings indicated:
A. 
Any two-, three- or four-wheeled bicycle or similar motor propelled or having a helper motor and commonly referred to among other designations as moped, minibike, go-cart, all terrain vehicles (ATV), trail bike 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 notwithstanding the fact that licensing of the same in some instances may not be required for operation upon the public highways.
B. 
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.
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. 
No person shall operate an off-the-road vehicle on the private property of another without the express, written permission of the owner or occupant of the property within 100 feet from adjoining property owner(s) and within 75 feet of a public street or right-of-way.
[Added 7-9-2008 by Ord. No. 0-08-09]
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 shall operate an off-the-road vehicle in a manner so as to create loud, unnecessary or unusual 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 a recreational motor 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 to be created which disturbs the peace and repose of neighbors, causes property damage to neighboring homes and creates traffic hazards to passing motorists.
[Added 7-9-2008 by Ord. No. 0-08-09]
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 a motor-propelled 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 a motor-propelled vehicle shall carry more passengers therein or thereon than such vehicle is specifically equipped to carry.
[Added 7-9-2008 by Ord. No. 0-08-09]
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 motorcycle or all-terrain 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 motorcycles as provided in N.J.S.A. 39:3-76.7 through 39:3-76.10.
[Added 7-9-2008 by Ord. No. 0-08-09]
J. 
Headlights, taillights, brakes and mufflers. It shall be unlawful for any person to operate or permit to be operated a motorcycle or all-terrain 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]
K. 
Pursuit of wildlife. It shall be unlawful for any person to operate or permit to be operated a motorcycle or all-terrain vehicle at any time and in any manner intended or reasonably to be expected to harass, drive or pursue any wildlife.
[Added 7-9-2008 by Ord. No. 0-08-09]
L. 
Lighted headlights and taillights. It shall be unlawful for any person to operate or permit to be operated a motorcycle or all-terrain vehicle without lighted headlights and lighted taillights.
[Added 7-9-2008 by Ord. No. 0-08-09]
M. 
Railroads. It shall be unlawful for any person to operate or permit to be operated a motorcycle or all-terrain vehicle upon 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]
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. Each day the same is violated shall be deemed and taken to be a separate and distinct offense.
[Amended 8-9-2006 by Ord. No. 0-06-08]
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]
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:4-21.[1] 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 a recreational motor vehicle, shall be in violation of this chapter.
[1]
Editor's Note: N.J.S.A. 2A:4-21 was repealed by Laws of New Jersey 1973, c. 306, § 27. See now N.J.S.A. 2A:4A-61.
[Added 7-9-2008 by Ord. No. 0-08-09]
Any motor vehicle, as defined under § 140-2, 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 police officer enforcing this chapter may impound any motor-driven vehicle operated on public or private property if the vehicle cannot be legally driven upon the public roadways of this state.
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.