[HISTORY: Adopted by the Township Committee of the Township of Lebanon 11-3-2004
by Ord. No. 2004-12. Amendments noted where applicable.]
GENERAL REFERENCES
Motorized vehicles, bicycles and skateboards in parks and playgrounds — See Ch. 269.
For the purpose of this chapter, the terms used herein shall be defined
as follows:
All streets, sidewalks, easements or any other areas dedicated or
commonly used for vehicular or pedestrian traffic or other public use.
Any motor-driven vehicle or conveyance, including but not necessarily
limited to two-wheel motor vehicles commonly known as "minibikes," rail bikes,
two- or three-wheeled motor scooters or mopeds whether powered by electric,
gasoline or other powered source, snowmobiles, all-terrain vehicles commonly
known as "ATV's," whether consisting of three- or four-wheeled configuration,
and four-wheel motor vehicles commonly known as "go-carts" which are not licensed,
registered and inspected by the State of New Jersey for use upon public property.
Licensed, registered or unregistered motorcycles shall be considered a recreational
motor vehicle to the extent that the same are actually used in a manner prohibited
by this chapter, or are constructed so as to be operated both on a public
street as well as off-road, commonly known as "dual purpose" motorcycles,
whether or not they are registered and inspected by the State of New Jersey.
All parks, recreation areas, ball parks, lake areas, storage facilities,
garage areas, Board of Education property, preserved open space lands, lands
for which the Township, Board of Education, county and/or state and/or joint
venture between private and public concerns have purchased development rights,
and any and all other Township-owned/controlled land, premises or facility.
A.
No recreational motor vehicle or other similar vehicle
shall be permitted to be driven, operated, ridden or allowed upon Township-owned
lands, including, but not limited to, playgrounds, parks, playing fields,
baseball fields, etc., by any person, whether licensed or unlicensed by the
State of New Jersey.
B.
This prohibition shall not extend to the paved driveways,
parking lots and/or similar areas normally reserved for recreational motor
vehicles when said vehicle is driven, operated or ridden by an individual
holding a valid motor vehicle license from the State of New Jersey.
C.
This prohibition shall not extend to any area which is
designated by the Township, county and/or state lands which is now or may
in the future be designated for use by recreational motor vehicles; provided,
however, that the recreational motor vehicle is permitted to be used thereon
by designation and is used consistently with any applicable rules or regulations
thereto.
Any person having in his possession a recreational motor vehicle on or about the area of Township-owned/controlled land on which the use of said vehicle is prohibited, as defined in § 372-2, shall be presumed to have said vehicle on the property for the purpose of operating, driving and/or riding said vehicle, and said possession of said vehicle, unless said presumption of intent to operate, drive or ride said vehicle is rebutted by the individual, shall be a violation of this chapter.
A.
Any person authorized to enforce the ordinances of the Township of Lebanon, who discovers any minor in possession of or holding a valid New Jersey motor vehicle license, without limitation or condition, to operate a motor vehicle and is either operating, driving, riding and/or possessing any motor vehicle, including but not limited to recreational motor vehicles, on Township-owned/controlled lands shall be authorized to immediately remove said vehicle from the possession of said minor and to impound said vehicle. Said vehicle shall be kept in storage designated by the Township of Lebanon and its Police Department for such impoundment until redeemed by the minor's parent, legal guardian and/or responsible adult. Prior to the release of said vehicle, all storage and impounding fees as required by the operator of the place of storage, including the Township, shall be paid. No vehicle may be redeemed except between 9:00 a.m. and 5:00 p.m. weekdays. The maximum daily fee to be charged for the impounding of a vehicle, plus administration and overhead fees for storage, are included in Chapter 205, Article II, Fee Schedule.[1]
B.
Any person authorized to enforce the ordinances of the Township of Lebanon who discovers any person either operating, driving, riding and/or possessing any recreational motor vehicle on Township-owned/controlled lands shall be authorized to immediately remove said vehicle from the possession of said person and impound the vehicle. Said vehicle shall be kept in storage designated by the Township of Lebanon and its Police Department for such impoundment until redeemed by the owner. Prior to release of said vehicle, all storage and impounding fees as required by the operator of the place of storage, including the Township, shall be paid. No vehicle may be redeemed except between 9:00 a.m. and 5:00 p.m. weekdays. The maximum daily fee to be charged for the impounding of a vehicle, plus administration and overhead fees for storage, are included in Chapter 205, Article II, Fee Schedule.[2]
C.
Any recreational motor vehicle which is impounded pursuant
to this section may be declared abandoned and disposed of in accordance with
New Jersey law if unclaimed for a period of more than 30 calendar days, provided
that no person claiming to be the owner thereof has made claim upon the Township
of Lebanon for return of the recreational motor vehicle and further provided
that, before any declaration of abandonment, the Township of Lebanon has given
notice in writing of:
