[HISTORY: Adopted by the Township Committee of the Township of Woolwich 6-18-2007
by Ord. No. 2007-22. Amendments noted where applicable.]
The Township finds that the operation of motorized recreational vehicles
has previously been conducted in a manner so as to disturb the peace, quiet
and tranquility of others and/or in a careless, reckless or negligent manner
so as to endanger or be likely to endanger the safety of others or the property
of others. This chapter proposes to regulate their use.
A.
Whenever any words and phrases are used in this chapter,
the meaning respectively ascribed to them in N.J.S.A. 39:1-1 shall be deemed
to apply to such words and phrases used herein.
B.
ALL-TERRAIN VEHICLE
MOTORCYCLE
PUBLIC HIGHWAY
PUBLIC LANDS
SNOWMOBILE
As used in this chapter, the following terms shall have
the meanings indicated:
A motor-operated vehicle, designed to travel over any terrain, of
a type possessing between three rubber tires and six rubber tires, but shall
not include golf carts.
Includes motorcycles, motor bikes, bicycles with a motor attached
and all motor-operated vehicles of the bicycle- or tricycle-type.
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, including conservation areas, utility easements and drainage easements.
Any motor-operated vehicle, designed primarily to travel over ice
or snow, of a type which uses sled-type runners, skis, an endless belt tread,
cleats or any combination of these or other similar means of contact with
the surface upon which it is operated, but does not include any farm tractor,
highway or other construction equipment, or any military vehicle.
No person shall operate any recreational motorized vehicles, including
but not limited to snowmobiles; two-wheel vehicles known as "minibikes," trail
bikes; motor scooters; three- or four-wheel motor vehicles known as "all-terrain
vehicles" (ATVs) and four-wheel motor vehicles known as "go-carts," under
the following circumstances:
A.
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 100 feet of a public street or
right-of-way.
[Amended 9-4-2007 by Ord. No. 2007-35]
B.
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.
C.
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.
[Amended 9-4-2007 by Ord. No. 2007-35]
D.
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.
E.
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.
F.
(Reserved)
G.
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 N.J.S.A. 39:3-76.10.
H.
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.
I.
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.
J.
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.
K.
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.
L.
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.
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:4-42 et seq.[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:4-42 through 2A:4-67 were repealed
by L. 1982, c. 77, § 33, effective 12-31-1983. See now N.J.S.A.
2A:4A-21 et seq.
Any motor vehicle, as defined under § 184-2, 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.
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]
