[HISTORY: Adopted by the Mayor and Council of the Borough of Penns Grove 3-18-2009 by Ord. No. 2009-2 (Ch. 216 of the 1986 Code). Amendments noted where applicable.]
The Borough of Penns Grove 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.
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.
As used in this chapter, the following terms shall have the meanings indicated:
- ALL-TERRAIN VEHICLE
- A motor-operated vehicle, designed to travel over any terrain, of a type possessing between three 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.
- PUBLIC HIGHWAY
- 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.
- PUBLIC LANDS
- 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.
[Amended 7-5-2017 by Ord. No. 2017-5]
No person shall operate any recreational motorized vehicles, including but not limited to snowmobiles; two-wheel vehicles known as "dirt bikes," "minibikes," or "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:
On the private property of another without the express written permission of the owner or occupant of the property, within 100 feet of an adjoining property owner(s) and within 100 feet of a public street or right-of-way.
On any public grounds or property, including playgrounds and recreational areas or lands owned by the Borough, excluding streets, the use of which is expressly provided for by the New Jersey statutes.
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 Borough. Further, 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 occur first. 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.
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.
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.
It shall be unlawful for any person to operate or to permit to be operated, or to ride as a passenger, 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 Transportation 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 39:3-76.10.
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.
At any time and in any manner intended or reasonably to be expected to harass, drive or pursue any wildlife.
Without lighted headlights and lighted taillights.
Upon a railroad or right-of-way of an operating railroad, except railroad personnel in performance of their duties.
It shall be unlawful for any person to violate any provision of this chapter or any rule or regulation adopted pursuant to this chapter.
A person under the age of 14 years shall not operate or be permitted to operate any snowmobile, motorcycle or all-terrain vehicle on public lands or waters or across a public highway, not otherwise prohibited.
A person less than 16 years of age shall not operate on public lands or waters or across a public highway of this state, not otherwise prohibited, an all-terrain vehicle or motorcycle with an engine capacity greater than 90 cubic centimeters.
A person less than 18 years of age shall not operate an all-terrain vehicle or motorcycle registered in this state on public lands or waters or across a public highway of this state, not otherwise prohibited, unless the person has completed an all-terrain vehicle safety education and training course established or certified by the Commissioner of Environmental Protection pursuant to N.J.S.A. 39:3C-15. At all times during the operation of the all-terrain vehicle the person shall have in his possession a certificate indicating successful completion of the course.
[Amended 7-5-2017 by Ord. No. 2017-5]
Any motor vehicle as defined under § 436-2 operated within the Borough 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.
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.
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.
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.
[Amended 7-5-2017 by Ord. No. 2017-5]
Any person who shall violate any provision of this chapter shall, upon conviction thereof, be punished by one or more of the following: by a fine of no less than $100 and no more than $2,000 or by imprisonment for a term not to exceed 90 days or by a period of community service not to exceed 90 days. Any person who is convicted of violating any provision of this chapter within one year of the date of a previous violation of this same chapter and who was fined for the previous violation shall be sentenced by a court to an additional fine as a repeat offender. The additional fine imposed by the court upon a person for a repeated offense shall not be less than the minimum or exceed the maximum fine fixed for a violation of this chapter but shall be calculated separately from the fine imposed for the violation of this chapter.