[HISTORY: 1988 Code §§ 202-1 — 202-7
adopted as amended through December 31, 2013. Amendments noted where
applicable.
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.
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.
Means the New Jersey Department of Environmental Protection.
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.
Means any vehicle that is propelled other than by human or
animal power on land.
Means a properly functioning sound dissipative device or
system for abating the sound of escaping gasses on equipment.
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.
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.
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.
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.
Means any street, avenue, boulevard, road, highway, sidewalk,
alley or easement that is owned, leased, or controlled by a non-governmental
entity.
Means any street, avenue, boulevard, road, highway, sidewalk,
alley or easement that is owned, leased, or controlled by a governmental
entity.
Means any real property or structures thereon that are owned,
leased or controlled by a governmental entity.
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.
A.
ORVs/LSVs specifically used for farming activities under the New
Jersey Right-to-Farm regulations, yard work and snow removal.
B.
ORVs/LSVs engaged in Township or emergency functions included but
not limited to utility repair, search and rescue operations, fire
fighting or vehicles engaged in scientific research in otherwise inaccessible
areas.
C.
ORVs/LSVs in transit to or from public roadways or when being loaded
or unloading from their transport vehicles.
D.
Lawn mowers, tractors, lawn, garden or similar equipment for residential
use. This equipment must however operate with a factory-installed
or functionally equivalent muffler.
E.
Public celebrations that are Township sponsored or Township permitted
events.
F.
Permitted motor vehicle racetracks.
G.
Safety training by a certified instructor under the Motorcycle Safety
Foundation (MSF) or another sanctioned curriculum and with written,
permitted approval from the Township.
H.
Cleaning, maintenance or repair of an ORV/LSV or ORVs/LSVs, between
the hours of 8:00 a.m. to 8:00 p.m., when the engine use or operation
of one or more ORVs/LSVs does not exceed 15 minutes in any hour, no
more than 2 times per day for a total of 30 minutes.
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.
A.
Any violation of this chapter shall be cause for an enforcement document
to be issued to the violator or the property owner on which the ORV/LSV
or ORVs/LSVs was operated by the noise control officer or noise control
investigator according to procedures set forth at N.J.A.C.7:29. The
recipient of an enforcement document with a monetary penalty shall
be entitled to a hearing in municipal court having jurisdiction to
contest such action.
B.
Any person who violates any provision of this chapter shall be subject to a civil penalty for each offense and shall be liable, upon conviction, to the penalties stated in Chapter 1, Section 1-15 of the Code of the Township of Wayne. If the violation is of a continuing nature, each day during which it occurs shall constitute an additional, separate and distinct offense. The violator can request a settlement conference to discuss potential reductions in penalty or to enter a payment schedule.
C.
No provision of this chapter shall be construed to impair any common
law or statutory cause of action, or legal remedy therefrom, of any
person for injury or damage arising from any violation of this chapter
or from other law.
D.
It shall be unlawful for the owner or person having control or custody
of an ORV/LSV to allow or enable a minor (under age 18) to operate
said ORV/LSV in a manner violating any section of this chapter. When
a minor operates an ORV/LSV in violation of this chapter, it shall
be a refutable presumption that the parent or guardian enabled the
ORV/LSV to be so operated and as such the parent or guardian shall
be an additional responsible party.
