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.
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.
[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.