]HISTORY: Adopted by the Mayor and Council of the Borough of Buena 10-27-2017 by Ord. No. 624. Amendments noted where applicable.]
The following words, when used in this chapter, shall have the following meanings.
- MOTORIZED VEHICLES
- Includes but is not expressly limited to minibikes, motor scooters, go-carts, all-terrain vehicles (ATVs), swamp buggies and snowmobiles and any other motor-driven vehicle not registered under N.J.S.A. 39:1-1 et seq., as amended, Motor Vehicles and Traffic Regulations of the New Jersey statutes, as amended, except such vehicles in N.J.S.A. 39:1-1 et seq., as amended, which are expressly exempt from registration.
- The riding of a motorized vehicle while the engine is running. Operation is not intended to include the mere running of an engine or nominal movement of the motorized vehicle which may customarily happen during maintenance, storage and the like.
- PRIVATE PROPERTY
- All land in the Borough of Buena, in the County of Atlantic, other than public property and other than public streets, roads and highways.
- PUBLIC PROPERTY
- Lands and interests in all real property owned by or leased to the Borough of Buena, in the County of Atlantic, or owned by or leased to any other municipal corporation or political subdivision of the State of New Jersey, specifically included but not limited in said definition to all public streets, roads and highways in the Township, public parks, School Board lands and easements or rights-of-way open to the public.
- WRITTEN CONSENT
- A writing which must include the name, address and telephone number of the property owner who is granting permission; the full name of the individual(s) granted permission to be operating a motorized vehicle; identification of the private property in question; the dated signature of the consenting property owner; and the starting and ending date during which consent is valid.
This chapter shall apply to all unregistered motorized vehicles operated within the corporate boundaries of the Borough of Buena, County of Atlantic, and State of New Jersey.
This chapter shall not apply to motorized vehicles and equipment operated by a Borough of Buena employee in performance of their official duties.
It shall be a violation of this chapter for any person to operate a motorized vehicle upon any property other than premises which the owner resides, owns or leases, either public or private, in the Borough of Buena, in the County of Atlantic, unless:
The operator of the motorized vehicle is either the owner of the motorized vehicle or a person who has in his or her possession written consent from the owner of the motorized vehicle or other person lawfully in possession of said motorized vehicle to operate the motorized vehicle on the day in question.
The person operating the motorized vehicle has in his or her possession written consent from the owner or other person lawfully in possession of the real property on which the motorized vehicle is operated authorizing him or her to operate said motorized vehicle on said property on the date in question.
This chapter shall not be applied to any recognized organization which has applied to the Borough Council of the Borough of Buena for specific use privileges to specified Borough-owned lands and premises for the purpose of having organized and supervised activities conducted thereon, so long as an insurance policy is filed with the Clerk of the Borough of Buena for which the Borough Council of the Borough of Buena has given its specific approval which may include terms and conditions and for which the Borough of Buena shall be held harmless for any such use of its land and premises.
No motorized vehicle shall be operated by individuals under 18 years of age without the operator and passenger wearing a protective helmet and eye shield as approved by the United States Department of Transportation.
It shall be unlawful for any person to operate a motorized vehicle in the Borough of Buena, in the County of Atlantic, in such careless, reckless or negligent manner without due caution or circumspection such as to endanger any other person or property of another or to cause injury to himself or herself or another.
It shall be unlawful to operate a motorized vehicle in the Borough of Buena, in the County of Atlantic, in such a manner as to create unnecessary or unusually loud noise so as to annoy or disturb persons other than the operator or to disturb or interfere with the peace and quiet of the Township in accordance with provisions of Borough of Buena Code Chapter 163 or any amendments or replacements thereto.
No motorized vehicle shall be operated for pleasure driving (on the land of another) between the hours of 9:00 p.m. and 9:00 a.m. This shall not apply to motorized vehicles operated in the course of legitimate agricultural or business activities or to individuals legally engaged in the activity of hunting.
It shall be unlawful for a motorized vehicle to be operated before sunrise and after sunset or other times when headlights are appropriate without having lighted headlights and lighted taillights.
No such motorized vehicle shall be operated on a public street, sidewalk, bicycle path or any public lands or School Board lands within the Borough of Buena.
No motorized vehicle shall be operated within 150 feet of an occupied building unless the person operating the motorized vehicle has in his or her possession consent in writing from the owner or other person residing in said residence. This shall not apply to motorized vehicles operated in the course of legitimate agricultural or business activities.
No motorized vehicle shall be operated within 300 feet of a health care facility or a place of worship, reflection or prayer such as, but not limited to, a hospital, nursing home, church, synagogue or cemetery.
Any police officer shall have the power and authority to confiscate and impound any motorized vehicle as defined herein when said motorized vehicle is operated in violation of this chapter.
It shall be a rebuttable presumption that any person under the age of 18 years who operates a motorized vehicle in violation of the terms of this chapter, and who resides with his or her parent, guardian or other person having custody of such person, is operating the motorized vehicle with the sufferance and permission of such parent, guardian or other person, and each of these shall be subject to prosecution the same as the minor who actually operates the motorized vehicle in violation of the provisions of this chapter.
A rebuttable presumption shall exist that the operator of the motorized vehicle is driving without consent of the owner or person in custody and control of the motorized vehicle if he or she cannot produce upon request of the police officer the written consent to operate the motorized vehicle. A rebuttable presumption shall also exist that the person is not authorized and given permission to operate the motorized vehicle on private property from the owner or person in custody and control of such property or within 150 feet of a residence if, upon request, the operator cannot produce to the officer the written consent required by this chapter from such owner or person in custody and control for the date in question.
The rebuttable presumption shall terminate if the defendant produces at the time of trial a written consent in writing or verbally from the motorized vehicle or property owner giving permission for said operation.
The Municipal Court judge shall, upon his/her discretion, impose penalties and fines as follows:
Any person who violates any provision of this chapter shall pay a fine of not less than $100 but not more than $1,000 and shall serve a period of community service not exceeding 90 hours and shall make restitution to the victim.
In addition to any other disposition authorized by law, and notwithstanding the preceding subsection, any person who presents fraudulent or falsified written consent to a law enforcement officer shall pay a fine of not less than $250 but not more than $2,500.
The unlicensed motorized vehicle driven by a person having a prior conviction under this chapter shall immediately be confiscated by the police. Said motorized vehicle shall be returned upon conclusion of proceedings instituted hereunder and the payment of any penalty imposed by any court of competent jurisdiction.