[HISTORY: Adopted by the Mayor and Council of the Borough
of Woodbury Heights 5-6-81 by Ord. No. 4-81. Amendments noted where applicable.]
[Amended 5-20-09 by Ord. No. 2-2009]
It shall be unlawful to operate any type of motor-driven recreational
vehicle or conveyance including, but not limited to, mopeds, snowmobiles,
motorcycles, mini-bicycles, trail bicycles, motor scooters; "go-carts"
or all-terrain vehicles under the following circumstances:
A.
On private property of another without the expressed permission to
do so by the owner or occupant of said property. It shall be presumed,
in the absence of written permission from the property owner in the
possession of the operator, that the operation of such vehicles shall
be without the expressed permission of said property owner.
B.
On any public easement or unimproved right-of-way generally not opened
to motor vehicles located within the Borough of Woodbury Heights.
C.
On public grounds without the expressed provision or permission to
do so by the appropriate public authority.
D.
In a manner so as to create loud, unnecessary, or unusual noise so
as to disturb or interfere with the peace and quiet of other persons.
E.
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.
This chapter shall not apply to vehicles and equipment owned
by the municipality and used in the normal course of its business.
This chapter shall not be applied to any recognized organization
within the Borough of Woodbury Heights which has applied to Borough
Council for specific use privileges for specified borough-owned lands
and premises for the purpose of having organized and supervised activities
conducted thereon, so long as an adequate insurance policy is filed
with the Borough Clerk for which the Borough Council has given its
specific approval and for which the borough shall be held harmless
for any such use of its lands and premises.
[Repealed 5-20-09 by Ord. No. 5-2009]
[Added 5-20-09 by Ord. No. 5-2009]
It shall be unlawful for a parent, guardian or any person having
the care, custody and control of any child under the age of 17 years
to permit such a child to operate a motor driven vehicle in violation
of the terms of this chapter.
As used in this chapter, the following terms shall have the
meanings indicated:
An individual, group of individuals, a partnership, firm,
association, corporation, limited liability company or other entity.
Includes all borough-owned or leased real property including,
but not limited to, parks, recreation areas, lake areas, easements,
rights-of-way and shall also include all real property or easements
owned by a public entity including, but not limited to, Boards of
Education, County Utilities Authority and other similar public entities.
[Amended 5-20-09 by Ord. No. 5-2009]
Any person, entity, parent or guardian or other person having
the care, custody and control of a child under the age of 17 years
who shall violate the provisions of this chapter shall be subject
to a fine of not less than $200 and not more than $1,000 for a first
offense and a term of imprisonment not exceeding 90 days, or both
and, for a second or subsequent offense, shall be subject to a minimum
fine of $500 and a maximum fine of $1,000 or a term of imprisonment
not exceeding 90 days, or both. In addition to the fines and penalties
aforesaid, a Court may order restitution for the value of property
damage and a term of community service.
