Township of Toms River, NJ Chapter 488 Vehicles, Snowmobiles and All-Terrain

[HISTORY: Adopted by the Mayor and Township Council of the Township of Toms River 12-9-2008 by Ord. No. 4168-08.[1] Amendments noted where applicable.]

GENERAL REFERENCES

Vehicles on beaches — See Ch. 175, Art. V.

Noise — See Ch. 368.

Streets and sidewalks — See Ch. 450.

Vehicles and traffic — See Ch. 477.

Sale or storage of vehicles on vacant land — See Ch. 485.

Unlicensed motor-driven vehicles — See Ch. 492.

[1] Editor's Note: This ordinance repealed former Ch. 488, Vehicles, Snowmobiles and All-Terrain, adopted 12-23-1986 by Ord. No. 2462-86, as amended.

§ 488-1 Purpose.

The purpose of this chapter is to control and regulate snowmobiles and all-terrain vehicles, pursuant to N.J.S.A. 39:3C-1 et seq., in order to preserve the public peace and order and protect the health, safety and welfare of the general public of the Township of Toms River.

§ 488-2 Definitions.

A. Whenever any words and phrases are used in this chapter, the meanings respectively ascribed to them in N.J.S.A. 39:3C-1 shall be deemed to apply to such words and phrases used herein.

B. As used in this chapter, the following terms shall have the meanings indicated:

PUBLIC HIGHWAY

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.

PUBLIC LANDS

Any and all real property which is owned or controlled by a governmental entity.

§ 488-3 Operation and use restrictions.

A. Public lands. It shall be unlawful for any person to operate or permit and suffer to be operated a snowmobile or all-terrain vehicle, as defined herein, on any public grounds or property, including beaches, except as provided by § 175-1A(16) of the Code of the Township of Toms River.

B. Limited-access highways. No person shall operate a snowmobile or all-terrain vehicle upon limited-access highways or within the right-of-way limits thereof.

C. Public streets or highways. No person shall operate a snowmobile or all-terrain vehicle upon the main traveled portion or the plowed snowbanks of any public street or highway or within the right-of-way limits thereof except as follows:

(1) Properly registered snowmobiles or 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 snowmobile or all-terrain vehicle to a complete stop. It shall be the responsibility of the operator of a snowmobile or all-terrain vehicle to yield the right-of-way to all vehicular traffic upon any public street or highway before crossing the same.

(2) Whenever it is impracticable to gain immediate access to an area adjacent to a public highway where a snowmobile or 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 a snowmobile or 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 or 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 snowmobile or all-terrain vehicle on the property of another, including beaches, 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 snowmobile or all-terrain vehicle on the property of another after consent, as provided in Subsection D(1), above, has been withdrawn.

(3) The consent as required by Subsection D(1) and (2) above shall be by the written consent of the owner of the property or the person who has a contractual right to the use of such property.

E. Harsh, objectionable or unreasonable noise. It shall be unlawful for any person to operate or permit and suffer to be operated a snowmobile 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 and suffer to be operated a snowmobile or all-terrain vehicle in a careless, reckless or negligent manner so as to endanger or be likely to endanger the safety or property or any person.

G. Protective helmets. It shall be unlawful for any person to operate or permit and suffer to be operated, or to ride as a passenger on, any snowmobile 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 and suffer to be operated a snowmobile or 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 and suffer to be operated a snowmobile 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 and suffer to be operated any snowmobile or all-terrain vehicle during the hours from 1/2 hour after sunrise without having lighted headlights and lighted taillights.

K. Railroads. It shall be unlawful for any person to operate or permit and suffer to be operated a snowmobile 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.

§ 488-4 Age requirement.

No person under the age of 14 years shall operate or be permitted to operate any snowmobile or all-terrain vehicle on public lands or waters or upon a public highway.

§ 488-5 Violations and penalties.

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 $200.

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.