The purpose of this chapter is to establish standards for the operation of motor-driven off-road vehicles within the Township of Wayne to minimize the impact of noise and nuisances caused from the operation of such vehicles on residents of the Township and the environment.
The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. Terms not defined in this chapter have the same meaning as those defined in N.J.A.C. 7:29.
AFFECTED PERSON Means any person on a regulated property who has registered a noise complaint with an authorized enforcement agency and such person has an interest in the protected property as an owner, tenant or employee.
DEPARTMENT Means the New Jersey Department of Environmental Protection.
LOW SPEED VEHICLE (LSV) Means a vehicle as defined in 49 CFR 571.3(b) that is four wheeled and whose attainable speed is more than 20 miles per hour and no more than 25 miles per hour on a paved level surface and whose GVWR is less than 3,000 pounds.
MOTOR VEHICLE Means any vehicle that is propelled other than by human or animal power on land.
MUFFLER Means a properly functioning sound dissipative device or system for abating the sound of escaping gasses on equipment.
NOISE CONTROL OFFICER Means an employee of a local, county or regional health agency which is certified pursuant to the County Environmental Health Act (N.J.S.A.26:3A2-21 et seq.) to perform noise enforcement activities; or a municipality with a New Jersey State Department of Environmental Protection approved noise control ordinance and the employee has received noise enforcement training and is currently certified in noise enforcement. The employee must be acting within his or her designated jurisdiction and must be authorized to issue a summons in order to be considered a Noise Control Officer.
NOISE CONTROL INVESTIGATOR Means an employee of the Township that has a New Jersey State Department of Environmental Protection approved noise control ordinance and the employee has not received noise enforcement training. However, they are knowledgeable about their model noise chapter and enforcement procedures. A Noise Control Investigator may only enforce sections of the chapter that does not require the use of a sound level meter. The employee must be acting within his or her designated jurisdiction and must be authorized by their Township, to issue a violation and/or summons.
OCCUPIED PROPERTY Means any affected person's property including but not limited to their home, studio, pool, tennis courts, barn, stable, penned areas, or similar structure or confined area occupied by livestock.
OFF-ROAD VEHICLE (ORV) Means motor vehicles that are capable of human transport and designed or used for the purpose of recreation off of the public right-of-way by, but not limited to, all-terrain vehicles (ATV), trail/dirt bikes, minibikes, go-carts and snowmobiles.
PRIVATE RIGHT-OF-WAY Means any street, avenue, boulevard, road, highway, sidewalk, alley or easement that is owned, leased, or controlled by a non-governmental entity.
PUBLIC RIGHT-OF-WAY Means any street, avenue, boulevard, road, highway, sidewalk, alley or easement that is owned, leased, or controlled by a governmental entity.
PUBLIC SPACE Means any real property or structures thereon that are owned, leased or controlled by a governmental entity.
REAL PROPERTY LINE Means the imaginary line including its vertical extension that separates one parcel of real property from another.
All off-road vehicles as defined in Section
202-2 shall comply with the requirements herein.
It shall be unlawful to operate or permit to be operated any type of vehicle as defined in this chapter under the following circumstances.
A. No ORV/LSV shall operate between the hours of 8:00 p.m. and 8:00 a.m.
B. No person shall operate or cause to be operated any ORV/LSV not equipped with a factory-installed or functionally equivalent muffler in good working order and in constant operation.
C. No ORVs/LSVs shall be operated within 400 feet of an affected person's occupied property. If the Noise Control Officer or Noise Control Investigator determines the use of an ORV/LSV or ORVs/LSVs is not impacting on the complainant's enjoyment of life and property as a result of relative loudness, distance to the property line, number of vehicles or frequency of drive-bys, even if the ORV/LSV operator(s) is within 400 feet, a violation does not exist.
D. On private property of another without the prior express permission to do so by the owner or occupant of said property.
E. On public grounds without the prior express provisions or permission to do so by the proper public authority.
F. In such a manner as to create loud, unnecessary or unusual noise so as to disturb or interfere with the peace and quiet of other persons.
G. In a careless, reckless or negligent manner so as to endanger or be likely to endanger the safety of any person or the property of any other person.
H. No ORV/LSV shall be permitted to operate on any public street within the Township of Wayne.