[HISTORY: Adopted by the Township Committee of the Township
of Fairfield 6-14-2005 by Ord.
No. 05-2005. Amendments noted where applicable.]
For the purpose of this chapter, the terms used herein shall
be defined as follows:
Any highway, road, lane or sand lane which is regularly maintained
by the Township of Fairfield, County of Cumberland and/or State of
New Jersey, or any agency or division thereof, for the regular use
of the public at large.
All streets, sidewalks, easements or any other areas dedicated
or commonly used for vehicular or pedestrian traffic or other public
use.
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.
All parks, recreation areas, ball parks, 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 facility.
A.
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.
B.
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.
C.
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.
D.
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 Fairfield,
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 § 437-1 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.
A.
Any person authorized to enforce the ordinances of the Township of
Fairfield 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 Fairfield 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.
B.
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 Fairfield for return of the recreational
motor vehicle and further provided that before any declaration of
abandonment, the Township of Fairfield has given notice, in writing,
of the fact of its impoundment, the procedure for reclaiming the same,
and the intent to declare the same abandoned after 30 days to the
owner or possessor of the same.
A.
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.
B.
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.
C.
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 Fairfield 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 Fairfield.
D.
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
ownership of or residence on or at the property, or 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.
[Amended 4-20-2016 by Ord. No. 8-2016; at time of adoption of Code (see
Ch. 1, General Provisions, Art. II)]
Any person, firm or corporation who or which violates any provision of this chapter shall, upon conviction thereof, be subject to a penalty as provided in § 1-5 of this Code. 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.
