[HISTORY: Adopted by the Mayor and Council
of the Borough of Wanaque 7-26-1978 as Ord. No. 8-0-78. Amendments
noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
Includes but is not expressly limited to minibikes, motor
scooters, go-carts, dirt bikes, trail bikes, motorbikes, all-terrain
vehicles (ATV's), dune buggies, swamp buggies and any other similar
motor vehicle of a type that are normally used on land for recreation,
entertainment or pleasure. The use of lawmnowers, powered garden vehicles,
vehicles used by the handicapped for transportation and other similar
utilitarian domestic vehicles is specifically excepted herefrom.
It shall be unlawful for any person to operate or permit and suffer to be operated a recreational motor vehicle, as defined in § 109-1, within the Borough of Wanaque under any of the following circumstances:
A.
On private property of another within the express
prior written consent of the owner and the occupant of said property.
Such consent may be revoked at any time by the grantor thereof. Where
such express prior written permission and consent has been obtained,
the operator or the person at the site responsible for such operation
shall keep said consent on his/her person and available for immediate
display at all times during the period of operation. Excepted from
the operation of this subsection are any private clubs or other organizations
that permit the operation of recreational motor vehicles on their
property in connection with the principal use of said property by
the members of any such club or organization.
B.
On any public grounds or property, including borough-owned
land, which shall include but shall not be limited to parks, ball
parks, recreation areas, borough-owned streets, easements and sidewalks,
or areas dedicated to or commonly used for vehicular or pedestrian
traffic, borough storage facilities, garage areas and Board of Education
lands, unless specifically designated, set aside and reserved therefor
by resolution of the Borough Council.
C.
In such manner as to create loud or unnecessary noise
so as to unreasonably disturb or interfere with persons in the peaceful
and quiet enjoyment of their property. To this end, no person shall
operate a recreational motor vehicle before the hour of 9:00 a.m.
and after the hour of 7:00 p.m. prevailing time or sunset, whichever
shall first occur.[1]
D.
In a careless, reckless or negligent manner so as
to endanger the safety or property of any person.
Any person under the age of 18 years who shall
violate any of the provisions of this chapter shall be deemed to be
a juvenile offender. Any person of the age of 18 years or over who
shall violate any of the provisions of this chapter shall, upon conviction
thereof, be punished by a fine not to exceed $500 or by imprisonment
in the county jail for a term not exceeding 90 days, or both.
