[HISTORY: Adopted by the Township Committee of the Township
of Dennis 10-10-00 as Ord. No. 2000-11. Amendments noted where applicable.]
The following definition(s) shall have the meaning hereinafter
set forth with respect to this chapter:
Includes, but is not limited to, mini-bikes, motorscooters,
go-carts, swampbuggies and snowmobiles and any other motor-driven
vehicles not capable of being registered pursuant to N.J.S.A. 39:1-1,
Motor Vehicles and Traffic Regulations of New Jersey Statutes, as
amended, except such vehicles which are expressly exempt from registration.
[Amended 9-1-09 by Ord. No. 2009-05]
No person shall operate or permit and suffer to be operated,
a motor-driven vehicle, as defined herein, within the Township of
Dennis under the following circumstances:
A.
On private property of another without the express prior written
consent of the owner and occupant of the property. Where such express
written consent has been obtained, the operator shall keep it on his
person, available for immediate display, during the period of operation.
B.
On any public or quasi-public grounds or private property, inclusive
of sidewalks and parking lots.
C.
In such manner as to create loud, unnecessary or unusual noises,
so as to disturb or interfere with the peace and quiet of other persons.
To this end, no person shall operate such a motor-driven vehicle before
the hour of 9:00 a.m. and after the hour of 9:00 p.m., prevailing
time, or sunset, whichever shall first occur.
D.
In a careless, reckless or negligent manner so as to endanger, or
be likely to endanger, the safety or property of any person.
E.
On or upon all streets, highways, lanes, alleys and public places
in the Township.
It shall be rebuttably presumed that any person under the age
of 18 years who operates a motor-driven vehicle in violation of the
provisions of this chapter, and who resides with his parent, guardian
or other person having custody of such person, his operating the motor-driven
vehicle with the sufferance and permission of such parent, guardian
or other person, and each of these shall be subject to prosecution
the same as the minor who actually operates the motor-driven vehicle
in violation of the provisions of this chapter.
Any person under the age of 18 years who shall violate any of
the provisions of this chapter shall be deemed to be a juvenile delinquent
and shall be proceeded against as such.
Any person violating any of the provisions of this chapter shall,
upon conviction thereof, be subject to a fine not to exceed $1,000
or imprisonment for a term not to exceed 90 days, or both. In addition
to the foregoing penalties, the court imposing sentence may impose
an appropriate period of community service.
[Adopted 9-4-12 by Ord. No. 2012-09]
The purpose of this Article is to control and regulate all-terrain
vehicles, as defined in N.J.S.A. 39:1-1 et seq. and 39:3C-1 et seq.,
upon public roadways or public property and certain private property,
in order to preserve the public peace and order and protect the health,
safety and welfare of the general public of the Township of Dennis.
This Article shall be in addition to and supplementary of all other
applicable ordinances.
A.
Whenever any words and phrases are used in this Article, the meanings
respectively ascribed to them in N.J.S.A. 39:1-1 shall be deemed to
apply to such words and phrases used herein.
B.
ALL-TERRAIN VEHICLE
PUBLIC HIGHWAY
PUBLIC LANDS
As used in this Article, the following terms shall have the meanings
indicated:
A motor vehicle, designed to travel over any terrain, of
a type possessing between three and six rubber tires and powered by
a gasoline engine not exceeding 700 cubic centimeters, but shall not
include golf carts.
The entire width between the boundary lines of every way
publicly maintained when any part thereof is open to the use of the
public for purposes of vehicular travel.
Any and all real property that is owned or controlled by
a governmental entity.
A.
Public lands. It shall be unlawful for any person to operate or permit
to or suffer to be operated an all-terrain vehicle, as defined herein,
on any public grounds or property, including playgrounds and recreational
areas, except as limited in accordance with law on public streets
or highways as defined in N.J.S.A. 39:1-1 and public parking areas.
B.
Limited access highways. No person shall operate an all-terrain vehicle
upon limited access highways or within the right-of-way limits thereof.
C.
Public streets or highways. No person shall operate an all-terrain
vehicle upon the main traveled portion of any public street or highway
or within the right-of-way limits thereof except as follows:
(1)
Properly registered all-terrain vehicles may cross, as directly as
possible, public streets or highways, except limited access highways,
provided that such crossing can be made in safety and that it does
not interfere with the free movement of vehicular traffic approaching
from either direction of such public street or highway. Prior to making
any such crossing, the operator shall bring the all-terrain vehicle
to a complete stop. It shall be the responsibility of the operator
of the all-terrain vehicle to yield the right-of-way to all vehicular
traffic upon any public street or highway before crossing the same.
(2)
Wherever it is impracticable to gain immediate access to an area
adjacent to a public highway where an all-terrain vehicle is to be
operated, it may be operated adjacent and parallel to such public
highway for the purpose of gaining access to the area of operation.
This subsection shall apply to the operation of an all-terrain vehicle
from the point where it is unloaded from a motorized conveyance to
the area where it is to be operated or from the area where operated
to a motorized conveyance when such loading or unloading cannot be
effected in the immediate vicinity to the area of operation without
causing a hazard to vehicular traffic approaching from either direction
on said public highway. Such loading or unloading must be accomplished
with due regard to safety, at the nearest possible point to the area
of operation.
D.
Consent required on certain public and private property.
(1)
No person shall operate an all-terrain vehicle on any public property
or the property of another without receiving the consent of the owner
of the property or the person who has a contractual right to the use
of such property. This provision shall not apply to non-owner family
members of the owner. Such operators shall provide to any law enforcement
member the name, address and telephone number of such owner who has
granted consent and shall be allowed to engage in further operation
upon any such property only after such consent has been confirmed
by such law enforcement member.
(2)
No person shall continue to operate an all-terrain vehicle on public
property or the property of another after consent has been denied
or withdrawn.
E.
Careless, reckless or negligent operation. It shall be unlawful for
any person to operate or permit or suffer to be operated an all-terrain
vehicle in a careless, reckless or negligent manner so as to endanger
or be likely to endanger the safety or property of any person.
F.
Protective helmets. Any person operating such vehicles upon any public
roadway or property shall wear a protective helmet approved by the
Commissioner of the Motor Vehicle Commission in the Department of
Law and Public Safety of the State of New Jersey. Any such helmet
shall be of a type acceptable for use as provided in N.J.S.A. 39:3-76.7
through 39:3-76.10.
G.
Headlights, taillights, brakes and mufflers. It shall be unlawful
for any person to operate or permit or suffer to be operated an all-terrain
vehicle upon the public roadways or public lands that is not equipped
with working headlights, taillights, brakes and proper mufflers as
supplied by the motor manufacturer or subsequently installed for the
particular model without modifications.
H.
Rules and regulations. The Township Committee may, from time to time,
adopt certain rules and regulations applicable to the use of such
vehicles upon public property, which shall not be contrary to the
contents of this Article. It shall be unlawful for any person to violate
any provision of this Article or any rule or regulation adopted pursuant
to this Article.
A.
Any person who shall violate any provision of this Article or any
rule or regulation promulgated pursuant to this Article shall be punished
by a fine of not more than $1,000 for the first offense and not more
than $2,000 for any subsequent offense, in the discretion of the Court.
B.
A separate offense shall be deemed committed on each day during or
on which a violation occurs or continues.
C.
Any person under the age of 18 years who shall violate any of the
provisions of this Article shall be subject to process as a juvenile
and referred to the New Jersey Superior Court for adjudication.
