[Adopted 2-15-1972 by Ord. No. 1972-2]
It shall be unlawful to operate any type of unlicensed motor-driven
vehicle or conveyance, including but not limited to snowmobiles, two-wheel
motor vehicles known as "minibicycles," trail bicycles, motor scooters and
four-wheel motor vehicles known as "go-carts" under the following circumstances:
A. On private property of another without the express permission
to do so by the owner or occupant of said property. It shall be presumed,
in the absence of written permission from the property owner in the possession
of the operator, that the operation of such a vehicle shall be without the
express permission of said property owner.
B. On any public street located within the Township of Franklin.
C. On public grounds without the express provisions or permission
to do so by the proper public authority.
D. In a manner so as to create loud, unnecessary or unusual
noise so as to disturb or interfere with the peace and quiet of other persons.
E. 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.
This article shall not apply to vehicles and equipment owned by the
municipality.
This article shall not be applied to any recognized organization which
has applied to the Township Committee of the Township of Franklin for specific
use privileges to specified township-owned lands and premises for the purpose
of having organized and supervised activities conducted thereon, so long as
an insurance policy is filed with the Township Clerk of the Township of Franklin
for which the Township Committee of the Township of Franklin has given its
specific approval and for which the Township of Franklin shall be held harmless
for any such use of its lands and premises.
The unlicensed motor vehicle driven by a person having a prior conviction
under this article shall immediately be confiscated by the police. Said vehicle
shall be returned upon conclusion of proceedings instituted hereunder and
the payment of any penalty imposed by any court of competent jurisdiction.
Any person who shall violate the provisions of this article shall be
subject to a fine of not more than $200 or shall be imprisoned in the county
jail for a period not exceeding 30 days, or both, in the discretion of the
Judge of the Municipal Court.
[Adopted 7-23-2002 by Ord. No. O-28-2002]
The following words, when used in this article, shall have the following
meanings.
MOTORIZED VEHICLES
Includes but is not expressly limited to minibikes, motor scooters,
go-carts, all terrain vehicles (ATV's), swamp buggies and snowmobiles and
any other motor driven vehicle not registered under N.J.S.A. 39:1-1 et seq.,
as amended, Motor Vehicles and Traffic Regulations of the New Jersey statutes,
as amended, except such vehicles in N.J.S.A. 39:1-1 et seq., as amended, which
are expressly exempt from registration.
OPERATION
The riding of a motorized vehicle while the engine is running. Operation
is not intended to include the mere running of an engine or nominal movement
of the motorized vehicle which may customarily happen during maintenance,
storage and the like.
PRIVATE PROPERTY
All land in the Township of Franklin, in the County of Gloucester,
other than public property and other than public streets, roads and highways.
PUBLIC PROPERTY
Lands and interests in all real property owned by or leased to the
Township of Franklin, in the County of Gloucester, 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 easements or rights-of-way open to the public.
WRITTEN CONSENT
A writing which must include, a) the name, address and telephone
number of the property owner who is granting permission; b) the full name
of the individual(s) granted permission to be operating a motorized vehicle;
c) identification of the private property in question; d) the dated signature
of the consenting property owner; and e) the starting and ending date during
which consent is valid.
Any police officer shall have the power and authority to confiscate
and impound any motorized vehicle as defined herein when said motorized vehicle
is operated in violation of this article.
It shall be a rebuttable presumption that any person under the age of
18 years who operates a motorized vehicle in violation of the terms of this
article, and who resides with his or her parent, guardian or other person
having custody of such person, is operating the motorized vehicle with the
sufferance and permission of such parent, guardian or other person, and each
of these shall be subject to prosecution the same as the minor who actually
operates the motorized vehicle in violation of the provisions of this article.