The purpose of this chapter is to control and regulate off-road vehicles within the Township, in order to preserve the public peace and order, and protect the health, safety and welfare of the general public.
[HISTORY: Adopted by the Township Committee of the Township of Hopewell 5-28-2008 by Ord. No. 08-05. Amendments noted where applicable.]
[Amended 11-9-2023 by Ord. No. 23-20]
As used in this chapter, the following terms shall have the meanings indicated:
A motorized vehicle designed to travel on lower-pressure tires, with a seat designed to be straddled by the operator, and handlebars for steering control. ATVs are typically designed for single riders and may have three or more wheels.
A lightweight, single-rider motorcycle designed for off-road use, characterized by its knobby tires, lightweight frame, and minimalistic design, typically not intended for public road use.
A colloquial term often used to refer to certain ATVs, indicating the presence of four wheels. For the purposes of this ordinance, it encompasses vehicles similar to ATVs with four wheels.
A motorized vehicle that is specifically designed and equipped for operation on unpaved surfaces and off-road terrain, including but not limited to dirt trails, sand dunes, gravel paths, rocky landscapes, and other natural terrains. ORVs are distinguished by their ability to traverse rugged and uneven terrain and typically exhibit features such as sturdy suspension systems, robust tires with deep treads, and may include certain motorcycles, all-terrain vehicles (ATVs), utility task vehicles (UTVs), dirt bikes, side-by-sides, four-wheelers, dune buggies, and similar recreational or utility vehicles designed for off-road use.
A type of UTV designed to carry multiple passengers, often with seating arranged side-by-side, and typically used for recreational off-road activities or light utility purposes.
A colloquial term often used to refer to ATVs, indicating the presence of three wheels. For the purposes of this chapter it encompasses vehicles similar to ATVs with three wheels.
A motorized vehicle designed to transport passengers and/or cargo, with a seat or bench seat for the operator and passengers, a steering wheel for control, and a maximum width not exceeding 74 inches. UTVs may have four or more wheels.
[Amended 11-9-2023 by Ord. No. 23-20]
A.
Prohibited operation and forfeiture. It shall be unlawful and pose an immediate threat to the public health, safety and welfare of the residents of the Township of Hopewell for any person to operate any off-road vehicle, as defined above, upon any public street, highway or right-of-way located within the Township in violation of N.J.S.A. 39:3C-17. Any off-road vehicle, which is operated in a manner that violates this section shall be deemed contraband subjected to forfeiture in accordance with N.J.S.A. 2C:64-1 et seq., and shall be disposed of in accordance with the provisions of N.J.S.A. 2C:64-6 or, at the discretion of the entity funding the prosecuting agency involved, may be destroyed.
B.
Prohibition on dispensing gasoline or fuel.
(1)
Public gas stations, which are located within Township limits, shall be prohibited from selling and dispensing gasoline, or any other type of fuel, into the tank of an all-terrain vehicle or dirt bike which is in violation of N.J.S.A. 39:3C-17 and driven to such fueling station under its own power, and shall be subject to such penalties as set forth in § 1-11 of the Code of the Township of Hopewell.
(2)
It shall be a rebuttable presumption that an all-terrain vehicle or dirt bike, that is driven to a fueling station and is untagged, is in violation of N.J.S.A. 39:3C-17 and therefore shall be refused fuel.
A.
Fine and/or jail. The penalty for a violation of this chapter shall be a fine of not less than $100 nor more than $1,000, and/or imprisonment in the county jail for a term not to exceed 90 days. The Municipal Court shall also have the power to order that restitution be paid to the landowner for any damage proven to be caused by any violator of this chapter.
B.
Forfeiture. Any off-road vehicle being used in connection with a second or subsequent offense under this chapter shall be subject to forfeiture to the Township upon order of the Municipal Court, in addition to any other fines, costs and penalties imposed.
C.
Impoundment. Any off-road vehicle found by any law enforcement officer to be in use in violation of this chapter shall be impounded until the disposition of any charges under this chapter, and the payment of all fines and costs resulting therefrom. The off-road vehicle shall be released only to a parent or legal guardian of any person under the age of 18, or to the owner of such vehicle who is over the age of 18, upon proof of ownership of same.
If any section, part of any section, or clause or phrase of this chapter is for any reason held to be invalid or unconstitutional, such decision shall not affect the remaining provisions of this chapter. The governing body of the Township of Hopewell declares that it would have passed the chapter and each section and subsection thereof, irrespective of the fact that any one or more of the subsections, sentences, clauses, or phrases may be declared unconstitutional or invalid.
This chapter shall take effect immediately upon passage and publication according to law.