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Township of Fredon, NJ
Sussex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Fredon Ord. No. 10-86 (Sec. 3-7 of the 1972 Revised General Ordinances). Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 515.
Increased use of motorized sport vehicles throughout the Township, without any regard for the rights of the property owners whose property is used for the operation of these motorized sport vehicles, without the permission of such landowners, and without regard for the noise emanating from such motor vehicles or the dirt and dust raised up into the air by the operation of these motorized sport vehicles, has increased to such a degree that these motorized sport vehicles are not only hazardous and detrimental to property owners and residents, but also to those who operate them with no regard for their own safety or the safety of others.
As used in this chapter, the following terms shall have the meanings indicated:
MOTORIZED SPORT VEHICLES
Any two-, three-, or four-wheeled vehicle that is motor-propelled or contains a motor to assist the operation of such vehicle, and which vehicles are commonly referred to as dirt bikes, minibikes, go-carts, all-terrain vehicles (ATV), dune buggies, snowmobiles and trail bikes, which vehicles by their nature and design are not intended to be used and operated along paved roads and highways but are intended rather to be operated in dirt, sand, up and down hills, along trails and in similar-type areas.
PRIVATE PROPERTY
All lands and buildings in the Township of Fredon not included in the definition of "public property" or part of the public road system.
PUBLIC PROPERTY
Lands and buildings owned or leased by the Township of Fredon, the Fredon Township Board of Education, the County of Sussex or the State of New Jersey or any other equivalent public body. This definition specifically excludes any public roadways owned or maintained by any of the aforementioned public entities.
[Amended 3-22-2018 by Ord. No. 2018-01]
The following acts are unlawful:
A. 
Allowing anyone to operate a motorized sport vehicle upon public property at any time.
B. 
Allowing anyone to operate a motorized sport vehicle on private property, other than that private property owned by the family of the operator, without the written consent of all of the owners of the private property.
C. 
Allowing anyone to operate a motorized sport vehicle during the period of one hour after sunset until four hours after sunrise.
D. 
Allowing anyone to operate a motorized sport vehicle that either cannot be registered with the Director of the Division of Motor Vehicles or is not registered with the Director of the Division of Motor Vehicles upon any public street, roadway, highway or within the boundaries of the public right-of-way within the Township of Fredon.
E. 
Allowing anyone to operate a motorized sport vehicle in a persistent and repetitive manner that causes noises that are disturbing and bothersome to adjoining property owners, causing a public nuisance.
F. 
Allowing anyone to operate a motorized sport vehicle so as to cause it to propel sand, dirt, dust, rocks, gravel, or other similar materials into the air so as to likely injure persons, damage property, or such so that those materials leave the property.
G. 
Allowing anyone to operate a motorized sport vehicle without the motorized vehicle containing a muffler or other similar device to reduce the sound coming from the engine of the vehicle.
H. 
Allowing anyone to operate a motorized sport vehicle on public or private property in such a way as to harass, worry, or disturb farm animals, domestic livestock or wildlife, or to destroy or damage crops or farm produce.
I. 
Allowing anyone to operate a motorized sport vehicle near any public roadway so that the operation of such motorized sport vehicle would cause operators of automobiles, motorcycles, or trucks to have to take evasive or irregular action to move away from such motorized sport vehicle.
J. 
Allowing anyone to operate a motorized sport vehicle on any private street or right-of-way within the Township of Fredon without the written permission of the owner of the private street or right-of-way.
K. 
Allowing anyone to operate a motorized sport vehicle while under the influence of liquor or drugs, in accordance with the requirements and definitions of N.J.S.A. 39:4-50.
A. 
The operator of a motorized sport vehicle shall wear a helmet upon his/her head and goggles or face shields on his/her face.
B. 
No person operating a motorized sport vehicle or motorcycle shall engage in fancy or trick riding, remove both hands from the handlebar or ride without maintaining full control of the motorized sport vehicle.
C. 
No person operating a motorized sport vehicle shall carry any other person on it except in a place designated for such purpose and equipped for such purpose as part of the original manufacture for such purpose.
A. 
It shall be the duty of any police officer to:
(1) 
Impound any motorized sport vehicles operating on public or private property and alleged to be in violation of § 522-3, Unlawful acts, hereof.
(2) 
Impound any motorized sport vehicle operating on the public roadways in violation of any state statute or regulation.
B. 
The period of impoundment for the motorized sport vehicle shall be from the date of the alleged violation until the disposition of the alleged offense by the joint Township municipal court, or other court of competent jurisdiction. The owner and operator shall be responsible to pay the reasonable cost of the removal of the motorized sport vehicle and for the storage constituting the impoundment, in accordance with the Fredon Township fee schedule. The expense of removal and storage shall be in addition to any other fine or penalty levied or collected under the terms of this chapter.
[Amended by Ord. No. 99-06]
For any violation of the terms of this chapter, the offender shall be liable for a penalty of $100 for the first offense, $250 for the second offense and a fine of up to $500 with up to 90 days' imprisonment for third and subsequent offenses. For the purposes of this chapter, an offense shall be considered a subsequent offense if committed within one year of a prior violation of this chapter.