[HISTORY: Adopted by the Township Committee
of the Township of Waterford 9-27-2006 by Ord. No. 2006-14. Amendments noted
where applicable.]
GENERAL REFERENCES
Unlicensed vehicles — See Ch. 270.
The purpose of this chapter is to provide for
the safety, health and general welfare of the residents of the Township
of Waterford on private and public property within the Township. The
purpose of this chapter is to prevent residents from sustaining personal
injury or property damage as a result of the use and operation of
recreational motor vehicles.
For the purpose of this chapter, the following
terms, phrases, words and their derivations shall have the meanings
stated herein unless their use in the text of this chapter clearly
demonstrates a different meaning. When not inconsistent with the context,
words used in the present tense include the future, words used in
the plural number include the singular number, and words used in the
singular number include the plural number. The word "shall" is always
mandatory and not merely directory.
Any motorized vehicle not registered with the State of New
Jersey pursuant to the provisions of Title 39 of the New Jersey Statutes
containing two wheels, commonly known as "motorbikes" or "ATVs," trail
bikes or motorcycles, bicycles with motor attached and all motor-operated
vehicles of the bicycle- or trail bike-type containing two wheels
and having a saddle or seat with driver sitting astride or upon it
or a platform on which the driver stands.
The riding of a recreational motor vehicle while the engine
is running. Operation is not intended to include the mere running
of an engine or nominal movement of the recreational motor vehicle
which may customarily happen during maintenance, storage and the like.
All land in the Township of Waterford, in the County of Camden,
other than public property and other than public streets, roads and
highways.
Lands and interests in all real property owned by or leased
to the Township of Waterford, in the County of Camden, or owned by
or leased to any other municipal corporation or political subdivision
of the State of New Jersey, specifically included, but not limited
in said definition to, all public streets, roads and highways in the
Township, public parks, School Board lands and easement or rights-of-way
open to the public.
Including, but not expressly limited to, minibikes, motor
scooters, go-carts, golf carts, motorbikes, dune buggies and swamp
buggies and any other similar motor vehicles of the type that are
normally used on land for recreation, entertainment or pleasure. The
use of lawn mowers, powered garden vehicles and other similar utilitarian
domestic vehicles is specifically excepted herefrom.
It shall be unlawful for any person to operate
or permit and suffer to be operated a recreational motor vehicle,
as defined herein within the Township of Waterford under any of the
following circumstances:
A.
On private property of another without the express
prior written consent of the owner and the occupant of said property.
Such consent may be revoked at any time by the grantor thereof. Where
such express prior written consent has been obtained, the operator
or person at the site responsible for such operation shall keep said
consent on his person and available for immediate display at all times
during the period of such operation. Excepted from the operation of
this subsection are any private clubs or other organizations that
permit the operation of recreational motor vehicles on their property
in connection with the principal use of said property by the members
of any such club or organization.
B.
On any public grounds or property, including township-owned
land, which shall include, but not be limited to, parks, ball parks,
recreation areas, lake area, township-owned streets, easements and
sidewalks or areas dedicated or commonly used for vehicular or pedestrian
traffic, township storage facilities, garage areas and Board of Education
lands, unless specifically designated, set aside and reserved therefor
by resolution of the Township Committee.
C.
In such manner as to create loud or unnecessary noise
so as to unreasonably disturb or interfere with persons in the peaceful
and quiet enjoyment of their property. To this end, no person shall
operate a recreational motor vehicle before the hour of 9:00 a.m.
and after the hour of 7:00 p.m., prevailing time, or sunset, whichever
shall first occur.
D.
In a careless, reckless or negligent manner so as
to endanger the safety or property of any person.
E.
Other than while seated on the permanent, regular
seat.
F.
Under the age of 12 without being accompanied by their
parent or adult guardian.
G.
At a speed too fast for existing conditions or potential
hazards.
H.
While intoxicated or impaired by alcohol or drugs.
I.
On the tracks or right-of-way of a railroad.
J.
On a highway.
K.
In a tree nursery or planting in a manner which damages
or destroys growing stock or creates a substantial risk damage or
destruction.
L.
While pulling a person on skis, a toboggan, sleigh,
sled or trailer, unless the device is attached to the ATV by a tow-bar
or other rigid connection.
M.
On the ice of public water.
The following regulations shall apply to the
operation of a recreational motor vehicle operated on public or private
property as follows:
A.
No person operating a recreational motor vehicle shall
carry any other person, except in a place designated therefore and
equipped therefor as part of the original manufacture for said purpose
and in no event shall a rider be carried on the handlebar thereof.
B.
It shall be unlawful for any person to make modifications
to the exhaust system of a recreational motor vehicle and/or to operate
any recreational motor vehicle equipped with a muffler cutout, muffler
bypass or similar device.
C.
It shall be unlawful for any person to operate a recreational
motor vehicle after dark without a white headlight and red taillight.
The headlight and taillight must be lighted when riding a half-hour
after sunset to a half-hour before sunrise. Vehicles without lights
shall not be operated a half-hour after sunset up to sunrise. For
greater safety, lights should be on at all times.
D.
No person shall operate or ride upon a recreational
motor vehicle excepting a golf cart, unless he wears goggles or a
face shield and a securely fitted protective helmet of a size proper
for that person approved by the Director of the Motor Vehicle Commission
pursuant to N.J.S.A. 39:3-76.7 and 39:3-76.8. The helmet must be equipped
with either a neck or chin strap and be reflectorized on both sides
thereof.
E.
All recreational motor vehicles must have the following
equipment:
(1)
Brakes in good condition.
(2)
A muffler which is in good operating condition and
meets federal standards. Such equipment is to be maintained in an
effective and suitable condition at all times. No modifications may
be made to increase the noise level.
(3)
A spark arrester approved by the United States Forest
Service. The vehicle must not be operated at any time without the
spark arrester.
(4)
Tires with at least 2/23nds of an inch tread without
visible breaks, cuts, exposed cords, bumps or bulges.
[Added 8-8-2007 by Ord. No. 2007-15]
All recreational motor vehicles subject to the
provisions of this chapter shall be registered with Waterford Township
to ensure compliance with the provisions of this chapter. Each recreational
motor vehicle registered shall receive an identification tag that
must be prominently and visibly displayed on the recreational motor
vehicle at all times. Each recreational motor vehicle shall pay a
registration fee as set forth in the Township Fee Schedule.[1] Registration forms shall be provided by Waterford Township.
Operators of recreational motor vehicles shall
avoid crossing a roadway unless absolutely necessary. When crossing,
the operator will:
A.
Cross at an angle of approximately 90°, at a place
where there are no obstructions to prevent a quick, safe crossing.
B.
Come to a complete stop and yield the right-of-way
to traffic on the highway before crossing.
C.
Cross a divided highway only where it intersects with
another street or highway.
D.
Not cross a controlled access highway at any time.
A.
Any police officer shall have the power and authority
to confiscate and impound any recreational motor vehicle as defined
herein when said recreational motor vehicle is operated in violation
of this chapter or in the event of the following:
(1)
Operated by a person who is under the influence of
alcohol or drugs.
(2)
When observed in reckless operation.
(3)
Attempting to elude a law enforcement officer.
(4)
Operating without a spark arrester.
(5)
Operating with a modified exhaust system.
(6)
Permitting unaccompanied operation by a person under
the age of 12.
B.
The Chief of Police or such Township police officer
as shall be designated by him shall keep and maintain a record of
all recreational motor vehicles impounded as aforesaid, which records
shall so far as possible show the name and address of the owner and
the make, model, year, serial number, color and other items tending
to identify the recreational motor vehicles impounded in accordance
with the provisions of this chapter and shall also show the circumstances
under which it was impounded, such as the name of the police officer
impounding the same, the location at which the violation and impounding
occurred, the number of the registration tag and the place where the
impounded recreational motor vehicle is stored. Said record shall,
if reclaimed by the owner, show the date reclaimed, the time and place
of delivery to the owner and such other circumstances as the Chief
of Police or officer designated by him may think advisable, such as
the condition of the recreational motor vehicle at the time of reclaiming,
and a receipt for return of the recreational motor vehicle shall be
signed by the owner.
C.
The owner of any impounded recreational motor vehicle
shall have the right to reclaim said recreational motor vehicle upon
exhibiting satisfactory proof to the Chief of Police that the following
occurred:
A.
A rebuttable presumption shall exist that the operator
of the recreational motor vehicle is driving without consent of the
owner or person in custody and control of the recreational motor vehicle
if he cannot produce upon request of the police officer the written
consent to operate the recreational motor vehicle. A rebuttable presumption
shall also exist that the person is not authorized and given permission
to operate the recreational motor vehicle on private property from
the owner or person in custody and control of such property or within
100 feet of a residence if, upon request, the operator cannot produce
to the officer the written consent required by this chapter from such
owner or person in custody and control for the date in question.
B.
The rebuttable presumption shall terminate if the
defendant produces at the time of trial a written consent in writing
or verbally from the recreational motor vehicle or property owner
giving permission for said operation.
Any person who violates any section of this
chapter of the Code of the Township of Waterford shall be subject
to a fine of not more than $2,000, imprisonment for not more than
90 days and/or a period of community service not to exceed 90 days.
Each day on which a violation occurs shall be considered a separate
offense.
