[HISTORY: Adopted by the Township Committee of the Township of Alloway 10-13-2005 by Ord. No. 384. Amendments noted where applicable.]
Vehicles and traffic — See Ch. 110.
For the purpose of this chapter, the terms used herein shall be defined as follows:
- PUBLIC ACCESS
- Any highway, road, lane or sand lane which is regularly maintained by the Township of Alloway, County of Salem and/or State of New Jersey, or any agency or division thereof, for the regular use of the public at large.
- PUBLIC PROPERTY
- All streets, sidewalks, easements or any other areas dedicated or commonly used for vehicular or pedestrian traffic or other public use.
- RECREATIONAL MOTOR VEHICLE
- Any motor-driven vehicle or conveyance, including but not necessarily limited to two-wheel motor vehicles commonly known as "minibikes," trail bikes, dirt bikes, two- or three-wheeled motor scooters or mopeds, whether powered by electric, gasoline or other powered source, snowmobiles, all-terrain vehicles commonly known as "ATVs," whether consisting of three- or four-wheeled configuration, and four-wheel motor vehicles commonly known as "go-carts," which are not licensed, registered and inspected by the State of New Jersey for use upon public property. Licensed, registered or unregistered motorcycles shall be considered a "recreational motor vehicle" to the extent that the same are actually used in a manner prohibited by this chapter or are constructed so as to be operated both on a public street as well as off-road, commonly known as "dual purpose" motorcycles, whether or not they are registered and inspected by the State of New Jersey.
- TOWNSHIP-OWNED/CONTROLLED LANDS
- All parks, recreation areas, ballparks, lake areas, storage facilities, garage areas, Board of Education property, preserved open space lands, lands for which the Township, Board of Education, county and/or state and/or joint venture between private and public concerns have purchased development rights, and any and all other Township-owned/controlled land, premises or facilities.
Recreational motor vehicles are not to be operated on township-owned lands:
No recreational motor vehicle or other similar vehicle shall be permitted to be driven, operated, ridden or allowed upon Township-owned/controlled lands, including but not limited to playgrounds, parks, playing fields, baseball fields, etc. by any person, whether licensed or unlicensed by the State of New Jersey.
This prohibition shall not extend to the paved driveways, parking lots and/or similar areas normally reserved for recreational motor vehicles when said vehicle is driven, operated or ridden by an individual holding a valid motor vehicle license from the State of New Jersey.
This prohibition shall not extend to any area which is designated by the Township, county and/or state which is now or may in the future be designated for use by recreational motor vehicles by any statute, rule, regulation or ordinance; provided, however, that the recreational motor vehicle is permitted to be used thereon by designation and is used consistently with any applicable rules or regulations thereto.
To the extent permitted by the laws of the State of New Jersey as may be applied and interpreted by any court, the Township of Alloway, its officials, agents or employees shall not be liable for any injuries to persons or property caused by operation of a recreational motor vehicle in violation of this chapter.
Any person having in his possession a recreational motor vehicle on or about the area of Township-owned/controlled land on which the use of said vehicle is prohibited, as defined in § 92-1 above, shall be presumed to have said vehicle on the property for the purpose of operating, driving, and/or riding said vehicle, and said possession of said vehicle, unless said presumption of intent to operate, drive or ride said vehicle is rebutted by the individual, shall be a violation of this chapter.
Any person authorized to enforce the ordinances of the Township of Alloway, who discovers any person operating a recreational motor vehicle in violation of this chapter, shall be authorized to impound the said recreational motor vehicle until disposition of any violation issued hereunder. Said vehicle shall be kept in storage designated by the Township of Alloway and/or the New Jersey State Police for such impoundment until redeemed by the person or, if a minor, the person's parent or legal guardian. Prior to the release of said vehicle, all storage and impounding fees as required by the operator of the place of storage, including the Township, shall be paid.
Any recreational motor vehicle which is impounded pursuant to this section may be declared abandoned and disposed of in accordance with New Jersey law if unclaimed for a period of more than 30 calendar days, provided that no person claiming to be the owner thereof has made claim upon the Township of Alloway for return of the recreational motor vehicle and further provided that, before any declaration of abandonment, the Township of Alloway has given notice in writing of: 1) the fact of its impoundment; 2) the procedure for reclaiming the same; and 3) the intent to declare the same abandoned after 30 days to the owner or possessor of the same.
No person shall operate a recreational motor vehicle on private lands, whether improved or unimproved, not belonging to that person or, in the case of a minor, a member of that person's immediate family, without written permission of the landowner wherein the recreational motor vehicle is being operated.
Provided that the landowner of private lands has posted the landowner's land with clear and observable signs advising that no recreational motor vehicles are permitted to be operated therein, or advising that no trespassing is permitted, which signs are placed so as to be observed from any abutting public road or property or adjacent private land, operation of a recreational motor vehicle on said private lands without the express permission of the landowner shall constitute a nuisance and a violation of this chapter, and the operator of the recreational motor vehicle being operated without permission shall be subject to the penalties set forth in this chapter, in addition to any penalties which may be imposed under the Motor Vehicle Code of the State of New Jersey.
Any landowner aggrieved by any operation of a recreational motor vehicle by any person under this chapter may sign a complaint in the Municipal Court of the Township of Alloway or other court with proper jurisdiction but shall not be permitted to impound any recreational motor vehicle as set forth in this chapter unless said impoundment is made by a person authorized to enforce the ordinances of the Township of Alloway.
For purposes of this chapter, if a person operating a recreational motor vehicle is found to be operating a recreational motor vehicle on private lands, whether improved or unimproved, not belonging to that person or, in the case of a minor, a member of that person's immediate family, and that person is unable to produce any proof of: 1) ownership of or residence on or at the property or 2) express permission in writing or by verification by telephone, radio or other means within a reasonable time, then that person shall be presumed to be operating without permission of the landowner, which presumption may be rebutted by any proof of permission or ownership.
Any person, firm or corporation who violates any provision of this chapter shall, upon conviction thereof, be punishable by one or more of the following: by imprisonment for a term not exceeding 90 days or by a fine not exceeding $1,000 or by a period of community service not exceeding 90 days, or any combination thereof. Each violation hereof shall be considered a separate act. In addition, if any violation results in property damage to any public or private land, the person, firm or corporation violating the provisions of this chapter shall, upon conviction, be liable for restitution resulting from said damage.