[HISTORY: Adopted by the Township Council
of the Township of Burlington 9-26-1972; amended 3-27-1984 (Sec. 14:9 of the 1975 General Ordinances). Subsequent
amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
Includes, but is not expressly limited to, minibikes, motor
scooters, swamp buggies, snowmobiles, trail bikes, all-terrain vehicles,
go-carts, motorized bicycles, mopeds and motorcycles.
All ground or property in private ownership and not included
in the definition of quasi-public ground.
All ground or property owned by a federal, state or local
government or subdivision thereof and any other ground or property
in the public domain not otherwise included in the definitions of
private and quasi-public ground.
All ground or property which is paved for use ancillary to
a commercial, retail or other business establishment and which is
regularly and customarily used by the general public during normal
operating hours.
It shall be unlawful to operate motor-driven
vehicles as follows:
A.
Private ground. On private ground without the express
prior written consent of the owner and/or the occupant of the property.
If such prior written and ongoing consent has been obtained the operator
shall keep the consent available on his person during the period of
operation.
B.
Quasi-public ground. On quasi-public ground without
the express prior written consent of the owner and/or the occupant
of the property. If such prior written and ongoing consent has been
obtained, the operator shall keep the consent available on his person
during the period of operation. It shall not be unlawful, however,
to operate a motor-driven vehicle, properly registered and operated
in accordance with applicable motor vehicle laws, on quasi-public
property during the normal business hours of the business facility
connected with such property.
C.
Public ground. On any public grounds or property.
D.
Noise. Without a muffler in good working order and
in constant operation to prevent excessive or unusual noise and annoying
smoke, and no person shall use a muffler cutout, bypass or similar
device:
(1)
Without the presence of all original operating equipment
specified therefor by the original manufacturer, with the same in
operating condition at least equal to the manufacturer's requirements
for the proper operation thereof, or the equivalent thereof.
(2)
In such a manner as to create unnecessary or unusually
loud noises as to disturb or interfere with generally prevailing community
standards concerning the right of the public to peace and quiet. To
this end, no person shall operate a motor-driven vehicle before the
hour of 9:00 a.m. and after sunset.
E.
Public safety. In a careless, reckless or negligent
manner so as to endanger or be likely to endanger the safety or property
of any person.
F.
Safety.
(1)
Without a helmet, together with goggles or face shields,
such as is approved therefor by the State of New Jersey, Department
of Transportation.
(2)
Engaging in fancy or trick riding or ride without
maintaining full control of such motor-driven vehicle or removing
both hands from the handlebars.
(3)
Carrying any other person thereon except in a place
designated therefor and equipped therefor as part of the original
manufacture for said purpose, and in no event shall a rider be carried
on the handlebars thereof.
It shall be rebuttably presumed about any person
under the age of 18 years who operates a motor-driven vehicle in violation
of the terms of this chapter and who resides with his or her parent,
guardian or other person having custody of said person, that said
person under the age of 18 years is operating said motor-driven vehicle
with the sufferance and permission of said parent, guardian or other
person having custody. Any parent, guardian or other person who shall
be deemed to have permitted or allowed with sufferance the operation
of a motor-driven vehicle contrary to the provisions of this chapter
shall be deemed in violation of the provisions of this chapter and
subject to the penalties provided herein.
Any person under the age of 17 years who shall
violate any of the provisions of this chapter shall be deemed to be
a juvenile delinquent and may be proceeded against as such.
A police officer is authorized to impound any
motor-driven vehicle operated on public or private property alleged
to be in violation of this chapter either by virtue of its operation
and use or by virtue of its operation by an unlicensed operator.
Any person of the age of 17 years or older who
shall violate any of the provisions of this chapter shall, upon conviction
thereof, be punished by a fine not exceeding $2,000, imprisonment
for a term not exceeding 90 days or a period of community service
not exceeding 90 days, or any combination thereof.
