[HISTORY: 1988 Code §§ 202-1 — 202-7 adopted as amended through December 31, 2013. Amendments noted where applicable.
The purpose of this chapter is to establish standards for the operation of motor-driven off-road vehicles within the Township of Wayne to minimize the impact of noise and nuisances caused from the operation of such vehicles on residents of the Township and the environment.
The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. Terms not defined in this chapter have the same meaning as those defined in N.J.A.C. 7:29.
- AFFECTED PERSON
- Means any person on a regulated property who has registered a noise complaint with an authorized enforcement agency and such person has an interest in the protected property as an owner, tenant or employee.
- Means the New Jersey Department of Environmental Protection.
- LOW SPEED VEHICLE (LSV)
- Means a vehicle as defined in 49 CFR 571.3(b) that is four wheeled and whose attainable speed is more than 20 miles per hour and no more than 25 miles per hour on a paved level surface and whose GVWR is less than 3,000 pounds.
- MOTOR VEHICLE
- Means any vehicle that is propelled other than by human or animal power on land.
- Means a properly functioning sound dissipative device or system for abating the sound of escaping gasses on equipment.
- NOISE CONTROL OFFICER
- Means an employee of a local, county or regional health agency which is certified pursuant to the County Environmental Health Act (N.J.S.A.26:3A2-21 et seq.) to perform noise enforcement activities; or a municipality with a New Jersey State Department of Environmental Protection approved noise control ordinance and the employee has received noise enforcement training and is currently certified in noise enforcement. The employee must be acting within his or her designated jurisdiction and must be authorized to issue a summons in order to be considered a Noise Control Officer.
- NOISE CONTROL INVESTIGATOR
- Means an employee of the Township that has a New Jersey State Department of Environmental Protection approved noise control ordinance and the employee has not received noise enforcement training. However, they are knowledgeable about their model noise chapter and enforcement procedures. A Noise Control Investigator may only enforce sections of the chapter that does not require the use of a sound level meter. The employee must be acting within his or her designated jurisdiction and must be authorized by their Township, to issue a violation and/or summons.
- OCCUPIED PROPERTY
- Means any affected person's property including but not limited to their home, studio, pool, tennis courts, barn, stable, penned areas, or similar structure or confined area occupied by livestock.
- OFF-ROAD VEHICLE (ORV)
- Means motor vehicles that are capable of human transport and designed or used for the purpose of recreation off of the public right-of-way by, but not limited to, all-terrain vehicles (ATV), trail/dirt bikes, minibikes, go-carts and snowmobiles.
- PRIVATE RIGHT-OF-WAY
- Means any street, avenue, boulevard, road, highway, sidewalk, alley or easement that is owned, leased, or controlled by a non-governmental entity.
- PUBLIC RIGHT-OF-WAY
- Means any street, avenue, boulevard, road, highway, sidewalk, alley or easement that is owned, leased, or controlled by a governmental entity.
- PUBLIC SPACE
- Means any real property or structures thereon that are owned, leased or controlled by a governmental entity.
- REAL PROPERTY LINE
- Means the imaginary line including its vertical extension that separates one parcel of real property from another.
All off-road vehicles as defined in Section 202-2 shall comply with the requirements herein.
ORVs/LSVs specifically used for farming activities under the New Jersey Right-to-Farm regulations, yard work and snow removal.
ORVs/LSVs engaged in Township or emergency functions included but not limited to utility repair, search and rescue operations, fire fighting or vehicles engaged in scientific research in otherwise inaccessible areas.
ORVs/LSVs in transit to or from public roadways or when being loaded or unloading from their transport vehicles.
Lawn mowers, tractors, lawn, garden or similar equipment for residential use. This equipment must however operate with a factory-installed or functionally equivalent muffler.
Public celebrations that are Township sponsored or Township permitted events.
Permitted motor vehicle racetracks.
Safety training by a certified instructor under the Motorcycle Safety Foundation (MSF) or another sanctioned curriculum and with written, permitted approval from the Township.
Cleaning, maintenance or repair of an ORV/LSV or ORVs/LSVs, between the hours of 8:00 a.m. to 8:00 p.m., when the engine use or operation of one or more ORVs/LSVs does not exceed 15 minutes in any hour, no more than 2 times per day for a total of 30 minutes.
It shall be unlawful to operate or permit to be operated any type of vehicle as defined in this chapter under the following circumstances.
No ORV/LSV shall operate between the hours of 8:00 p.m. and 8:00 a.m.
No person shall operate or cause to be operated any ORV/LSV not equipped with a factory-installed or functionally equivalent muffler in good working order and in constant operation.
No ORVs/LSVs shall be operated within 400 feet of an affected person's occupied property. If the Noise Control Officer or Noise Control Investigator determines the use of an ORV/LSV or ORVs/LSVs is not impacting on the complainant's enjoyment of life and property as a result of relative loudness, distance to the property line, number of vehicles or frequency of drive-bys, even if the ORV/LSV operator(s) is within 400 feet, a violation does not exist.
On private property of another without the prior express permission to do so by the owner or occupant of said property.
On public grounds without the prior express provisions or permission to do so by the proper public authority.
In such a manner as to create loud, unnecessary or unusual noise so as to disturb or interfere with the peace and quiet of other persons.
In a careless, reckless or negligent manner so as to endanger or be likely to endanger the safety of any person or the property of any other person.
No ORV/LSV shall be permitted to operate on any public street within the Township of Wayne.
Any violation of this chapter shall be cause for an enforcement document to be issued to the violator or the property owner on which the ORV/LSV or ORVs/LSVs was operated by the noise control officer or noise control investigator according to procedures set forth at N.J.A.C.7:29. The recipient of an enforcement document with a monetary penalty shall be entitled to a hearing in municipal court having jurisdiction to contest such action.
Any person who violates any provision of this chapter shall be subject to a civil penalty for each offense and shall be liable, upon conviction, to the penalties stated in Chapter 1, Section 1-15 of the Code of the Township of Wayne. If the violation is of a continuing nature, each day during which it occurs shall constitute an additional, separate and distinct offense. The violator can request a settlement conference to discuss potential reductions in penalty or to enter a payment schedule.
No provision of this chapter shall be construed to impair any common law or statutory cause of action, or legal remedy therefrom, of any person for injury or damage arising from any violation of this chapter or from other law.
It shall be unlawful for the owner or person having control or custody of an ORV/LSV to allow or enable a minor (under age 18) to operate said ORV/LSV in a manner violating any section of this chapter. When a minor operates an ORV/LSV in violation of this chapter, it shall be a refutable presumption that the parent or guardian enabled the ORV/LSV to be so operated and as such the parent or guardian shall be an additional responsible party.