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.
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.
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. 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.
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.
Nothing in this chapter shall prevent acceptable agricultural management
practices as set forth in the Township's Right to Farm Ordinance.
Violations of this chapter shall be subject to the penalties set forth in Chapter
11, Article
I, §
1-15, General penalty.