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.
[Amended 7-5-2017 by Ord.
No. 2017-5]
A. 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:
(1) 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.
(2) 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.
(3) 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.
(4) 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.
B. 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.
C. 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.
D. It shall be unlawful for any person to operate or permit to be operated
a motorcycle or all-terrain vehicle:
(1) That
is not equipped with working headlights, taillights, brakes and proper
mufflers as supplied by the motor manufacturer for the particular
model without modifications.
(2) At
any time and in any manner intended or reasonably to be expected to
harass, drive or pursue any wildlife.
(3) Without
lighted headlights and lighted taillights.
(4) Upon
a railroad or right-of-way of an operating railroad, except railroad
personnel in performance of their duties.
E. 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 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.
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.