[HISTORY: Derived from Sec. 3-2 of the 1999 Code of the Township
of Clinton. Amendments noted where applicable.]
This chapter shall be known and cited as the "Motor-Driven Off-Road
Vehicles Ordinance of Clinton Township."
The purpose of this chapter shall be to set standards for the operation
of motor-driven off-road vehicles within the Township so as to improve the
standards of safety as well as to minimize the impact of the operation of
such vehicles on residents of the Township, the public at large and the environment.
As used in this chapter, the following terms shall have the meanings
indicated:
A motor-driven vehicle designed primarily for transportation of the
driver, including minibikes, trail bikes, snowmobiles, unlicensed motorcycles,
motor scooters, motorbikes, go-carts, dune buggies, all-terrain vehicles or
other recreational vehicles designed primarily for transportation of the driver
on other than the public or private roadway. This chapter shall not apply
to lawn mowers, tractors or farm, lawn, garden or similar equipment when used
for the purposes for which they were designed. Vehicles required to be registered
under Title 39, Motor Vehicles and Traffic Regulation, of the New Jersey Statutes
Annotated, shall be regulated by that statute and are specifically exempted
from registration under this chapter.
A.
Any person who shall own an off-road vehicle, as defined in § 267-3, and who intends to use the same or to permit the same to be used within the boundaries of the Township shall, prior to such operation, register the vehicle with the Clinton Township Police Department. A person wishing to register an off-road vehicle shall complete an application, the form of which may be established by the Police Department, which application should include, but is not limited to, the following information: the name and address of the registrant and, where applicable, the year, make, type, model, color, horsepower and serial number of the vehicle being registered. In the case of a registrant under 18 years of age, a letter from his/her parent or guardian must accompany the application, giving the parent's or guardian's name and address, his/her consent to the registration and his/her agreement of responsibility for the operation of the vehicle according to the terms of this chapter. Each registrant shall pay a fee of $3, which shall be used to defray the costs of registration. The registrant shall be given a copy of this chapter; and, in the case of a registrant under age 18, a copy shall be sent to the parent or guardian who has signed the consent letter described below.
B.
The initial registration period shall commence November
1, 1979, and it is intended that all owners shall have registered the vehicles
and complied with this chapter not later than December 1, 1979. Subsequent
to December 1, 1979, individuals acquiring such vehicles shall have 10 days
from the effective date of such acquisition within which to register the vehicles.
C.
In the event that an owner sells or otherwise disposes
of a registered vehicle and obtains another vehicle, he/she may transfer his/her
registration to the replacement vehicle for a transfer fee of $3; if not transferred,
he/she should cancel the registration in person.
A.
It shall be unlawful to operate any off-road vehicle
within the Township:
(1)
Without an off-road vehicle registration.
(2)
On the private property of another person or party unless
the operator of the vehicle has express written permission of the owner or
legal occupant of said property to operate the vehicle thereon, which permission
must be exhibited to police officers on request or produced at headquarters
of the Police Department within 48 hours.
(3)
On any public street, sidewalk or bike path within the
Township unless the operator is fully dismounted.
(4)
On public grounds unless permission for operation of
such vehicles on said grounds has been specifically given by the proper public
authority.
(5)
When equipped with other than original standard factory
muffler equipment.
(6)
In a manner creating load or unusual noise so as to disturb
or interfere with the peace and quiet of other persons.
C.
Where a vehicle is operated in violation of this chapter,
it shall be presumed that the registrant or, in the case of a registrant under
age 18, the parent or guardian of the registrant, enabled the vehicle to be
so operated.
It shall be unlawful for any off-road vehicle to be operated within
the Township unless the vehicle is equipped with the original factory exhaust
and muffler system or equivalent equipment.
B.
The police may, in addition to issuing a summons, also
immediately confiscate the off-road vehicle used or operated in violation
of this chapter.
C.
Upon subsequent conviction for violation of this chapter
by the same registrant, or involving the same vehicle, the court may order
confiscation of the vehicle in question by the police for a period not to
exceed 90 days for each violation.
