[HISTORY: Adopted by the Mayor and Council of the Borough
of Folsom 9-9-2009 by Ord. No. 06-2009. Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 187.
A.
Whenever any words and phrases are used in this chapter, the meanings
respectively ascribed to them in N.J.S.A. 39:1-1 shall be deemed to
apply to such words and phrases used herein.
B.
ALL-TERRAIN VEHICLE
MOTORCYCLE
PUBLIC HIGHWAY
PUBLIC LANDS
As used in this chapter, the following terms shall have the meanings
indicated:
A motor vehicle, designed to travel over any terrain, of
a type possessing between three and six rubber tires and powered by
a gasoline engine not exceeding 700 cubic centimeters, but shall not
include golf carts.
Includes motorcycles, motor bikes, bicycles with motor attached
and all motor-operated vehicles of the bicycle or tricycle type, except
motorized bicycles as defined in this section, having a saddle or
seat with the driver sitting astride or upon it or a platform on which
the driver stands.
The entire width between the boundary lines of every way
publicly maintained when any part thereof is open to the use of the
public for purposes of vehicular travel.
Any and all real property which is owned or controlled by
a governmental entity.
A.
Public lands.
(1)
It shall be unlawful for any person to operate or permit or suffer
to be operated a motorcycle, dirt bike or an all-terrain vehicle,
as defined herein, on any public grounds or property, including playgrounds
and recreational areas.
(2)
It should be unlawful for any person to operate or permit or suffer
to be operated a motorcycle on public grounds or property (including
playgrounds and recreational areas) except on public streets or highways
as defined in N.J.S.A. 39:1-1 and public parking areas.
B.
Limited access highways. No person shall operate an all-terrain vehicle
upon limited-access highways or within the right-of-way limits thereof.
C.
Public streets or highways. No person shall operate an all-terrain
vehicle upon the main traveled portion of any public street or highway
or within the right-of-way limits thereof, except as follows:
(1)
Properly registered all-terrain vehicles may cross, as directly as
possible, public streets or highways, except limited access highways,
provided that such crossing can be made in safety and that it does
not interfere with the free movement of vehicular traffic approaching
from either direction of such public street or highway. Prior to making
any such crossing, the operator shall bring the all-terrain vehicle
to a complete stop. It shall be the responsibility of the operator
of the all-terrain vehicle to yield the right-of-way to all vehicular
traffic upon any public street or highway before crossing the same.
(2)
Wherever it is impracticable to gain immediate access to an area
adjacent to a public highway where an all-terrain vehicle is to be
operated, it may be operated adjacent and parallel to such public
highway for the purpose of gaining access to the area of operation.
This subsection shall apply to the operation of an all-terrain vehicle
from the point where it is unloaded from a motorized conveyance to
the area where it is to be operated or from the area where operated
to a motorized conveyance when such loading or unloading cannot be
effected in the immediate vicinity of the area of operation without
causing a hazard to vehicular traffic approaching from either direction
on said public highway. Such loading or unloading must be accomplished
with due regard to safety, at the nearest possible point to the area
of operation.
D.
Written consent.
(1)
No person shall operate a motorcycle or all-terrain vehicle on the
property of another without receiving the consent of the owner of
the property or the person who has a contractual right to the use
of such property.
(2)
No person shall continue to operate a motorcycle or all-terrain vehicle
on the property of another after consent has been withdrawn.
E.
Harsh, objectionable or unreasonable noise. It shall be unlawful
for any person to operate or permit or suffer to be operated a motorcycle
or all-terrain vehicle in such manner as to cause a harsh, objectionable
or unreasonable noise so as to disturb or interfere with the peace
and quiet of other persons.
F.
Careless, reckless or negligent operation. It shall be unlawful for
any person to operate or permit or suffer to be operated a motorcycle
or all-terrain vehicle in a careless, reckless or negligent manner
so as to endanger the safety or property of any person.
G.
Protective helmets. It shall be unlawful for any person to operate
or permit or suffer to be operated, or to ride as a passenger on,
any motorcycle or all-terrain vehicle without wearing a protective
helmet approved by the Director of the Division of Motor Vehicles
in the Department of Law and Public Safety of the State of New Jersey.
Any such helmet shall be of a type acceptable for use in conjunction
with motorcycles as provided in N.J.S.A. 39:3-76.7 through N.J.S.A.
39:3-76.10.
H.
Headlights, taillights, brakes and mufflers. It shall be unlawful
for any person to operate or permit or suffer to be operated an all-terrain
vehicle that is not equipped with working headlights, taillights,
brakes and proper mufflers as supplied by the motor manufacturer for
the particular model without modifications.
I.
Pursuit of wildlife. It shall be unlawful for any person to operate
or permit or suffer to be operated a motorcycle or all-terrain vehicle
at any time and in any manner intended or reasonably to be expected
to harass, drive or pursue any wildlife.
J.
Lighted headlights and taillights. It shall be unlawful for any person
to operate or permit to be operated any all-terrain vehicle without
lighted headlights and lighted taillights.
K.
Railroads. It shall be unlawful for any person to operate or permit
or suffer to be operated a motorcycle or all-terrain vehicle upon
a railroad or right-of-way of an operating railroad, except railroad
personnel in the performance of their duties.
L.
Rules and regulations. It shall be unlawful for any person to violate
any provision of this chapter or any rule or regulation adopted pursuant
to this chapter.
A.
Any police officer shall impound any all-terrain vehicle operated
on public property alleged to be in violation of this chapter, either
by virtue of its operation and use contrary to the provisions of this
chapter or by virtue of its operation by an unlicensed operator.
B.
Said period of impoundment shall be from the date of the alleged
violation until the disposition of the alleged offense by such court
of competent jurisdiction as shall hear the same, and the owner thereof
shall pay the reasonable cost of said removal and storage constituting
impoundment. The police or their designee may authorize early release
upon the payment of the removal and storage costs. Said expense of
impoundment shall be in addition to any other fine or penalty levied
or collected under the terms of this chapter.
No person under the age of 14 years shall operate or be permitted
to operate an all-terrain vehicle on public lands or upon a public
highway.
A.
Any person who shall violate any provisions of this chapter or any
rule or regulation promulgated pursuant to this chapter shall be punished
by a fine of not more than $1,000 for the first offense and not more
than $2,000 for any subsequent offense, in the discretion of the court.
B.
A separate offense shall be deemed committed on each day during or
on which a violation occurs or continues.
C.
Any person under the age of 18 years who shall violate any of the
provisions of this chapter shall be deemed to be a juvenile delinquent
and shall be proceeded against as such.
Any and all ordinances or parts thereof in conflict or inconsistent
with any of the terms and provisions of this chapter are hereby repealed
to the extent of their inconsistency; provided, however, that the
adoption of this chapter shall not prevent or bar the continuance
or institution of proceedings for offenses heretofore committed in
violation of any existing ordinances of the Borough of Folsom or violation
of N.J.S.A. 39:1-1 et seq.
