[HISTORY: Adopted by the Township Council of the Township
of Willingboro 8-4-2020 by Ord. No. 2020-14. Amendments noted
where applicable.]
This chapter shall be known and cited as "Vehicles, Off-Road."
The purpose of this chapter shall be to set standards for the
operation of motor-driven off-road vehicles within the Township of
Willingboro to minimize the impact of operation of such vehicles on
residents of the Township, the public at large and the environment
and assure minimum standards of safety.
As used in this chapter, the following terms shall have the
meanings indicated:
Any vehicle that is propelled other than by human or animal
power.
Motor vehicles which are capable of human transport and designed
or used for the purpose of recreation off of the public right-of-way,
including, but not limited to, all-terrain vehicles (ATV), trail/dirt
bikes, minibikes, go-carts and snowmobiles. This chapter shall not
apply to lawn mowers, tractors or farm, lawn, garden or similar equipment
for residential use, or business or agricultural/farming activities
when used for purposes for which each was designed.
Lands owned, leased or under the jurisdiction of the Township
of Willingboro, Willingboro Board of Education, and the Willingboro
Municipal Utilities Authority.
A.
It shall be unlawful to operate any ORV under the following circumstances:
(1)
On the property of another person or party, unless the operator of
the ORV has written permission of the owner or legal occupant of said
property to operate the ORV thereon or said property owner is present.
Said written permission must be exhibited to police officers upon
request.
(2)
On any public street, sidewalk or bike path within the Township of
Willingboro unless the operator is fully dismounted and the engine
is not running.
(3)
On any public property.
(4)
Within 450 feet of an occupied dwelling, other than the operator's,
or on other permitted property, in a manner creating:
(a)
Any harsh, objectionable or unreasonable noise so as to disturb or interfere with the peace and quiet of other persons or which produces noise in violation of Chapter 231 of the Code of the Township of Willingboro, titled "Noise."
(b)
The presence in the outdoor atmosphere of airborne dust, dirt
or debris or in an unsafe manner creating a physical hazard beyond
the property line on which the ORV operates such that it interferes
with the enjoyment of life or property of the adjoining property occupant.
(5)
At any time when the New Jersey Forest Fire Service has rated the
wildfire danger levels at "high," "very high," or "extreme."
B.
It shall be unlawful for the owner or person having control or custody
of an ORV to allow or enable a minor (under age 18) to operate said
ORV in a manner violating any section of this chapter.
(1)
When a minor operates an ORV in violation of this chapter, it shall
be a rebuttable presumption that the parent or guardian enabled the
ORV to be so operated.
C.
Exemptions:
(1)
ORVs used in or related to agricultural/farm activities, gardening,
yard work and for snow removal.
(2)
Necessary limited operational testing of ORVs in conjunction with
maintenance and repair activities between the hours of 8:00 a.m. and
8:00 p.m.
(3)
ORVs authorized by the Willingboro Township Director of Public Safety
for use in public safety or emergency functions, including but not
limited to utility repair, search and rescue operations, police operations,
firefighting, and/or EMS operations.
A.
Reports of the prohibited acts from two or more persons who are in
general agreement as to the times and duration of the prohibited acts
and who reside in separate residences, including apartments and condominiums
located within 200 feet of a property line (boundary) from the property
on which the source of prohibited acts occur, shall be evidence of
a violation.
B.
Nothing in this chapter shall preclude a single individual from registering
a complaint for any violation of this chapter.
A.
It shall be unlawful for any ORV to be operated within the Township
of Willingboro which does not conform to current federal or state
standards for the type of ORV in question. If no such standard exists,
then current recognized standards-setting bodies or industry trade
association standards shall be used, if available.
B.
It shall be unlawful for any ORV to be operated within the Township
unless the ORV is equipped with the original factory exhaust and muffler
system or equivalent equipment. For two-cycle engines, a United States
Forest Service approved muffler/spark arrester combination is required.
A.
The violation of any section of this chapter shall constitute a separate
and distinct offense independent of the violation of any other section
or of any order issued pursuant to this chapter. Each day of violation
shall constitute an additional, separate and distinct offense.
B.
In the case of the first violation of any section of this chapter,
the maximum penalty shall, upon conviction of such violation, be a
fine not exceeding $500, provided, however:
(1)
In cases where a minor is involved, a verbal first warning and copy
of this chapter may be provided to both the minor and the parent or
legal guardian in lieu of a summons, at the discretion of the police
officer.
C.
In the case of a second violation of this chapter, the maximum penalty
shall, upon conviction of such violation, be a fine not exceeding
$1,000 or imprisonment in the county jail for a period not exceeding
30 days or a period of community service not exceeding 30 days.
E.
In the case of violations of trespassing, the police may, in addition
to issuing a summons, also immediately impound the ORV used or operated
in violation of this chapter. The ORV will be returned upon payment
of any towing or removal costs, storage fees, and any court-ordered
fines.
A.
Repealer. Any and all ordinances inconsistent with the terms of this
chapter are hereby repealed to the extent of any such inconsistencies.
B.
Severability. In the event that any clause, section, paragraph or
sentence of this chapter is deemed to be invalid or unenforceable
for any reason, then the Township Committee hereby declares its intent
that the balance of the chapter not affected by said invalidity shall
remain in full force and effect to the extent that it allows the Township
to meet the goals of the chapter.
C.
Effective date. This chapter shall take effect upon proper passage
in accordance with the law.
