[HISTORY: Adopted by the Township Committee of the Township of Upper Deerfield 6-4-2009 by Ord. No. 631. Amendments noted where applicable.]
The purpose of this chapter is to control and regulate off-road vehicles within the Township in order to preserve the public peace and order and protect the health, safety and welfare of the general public.
As used in this chapter, the following terms shall have the meanings indicated:
- OFF-ROAD VEHICLE
- A motor-driven vehicle of any kind other than one equipped to be registered for use on the highway, notwithstanding the fact that licensing of same in some instances may not be required for operation on the public highways. Examples of off-road vehicles include, without limitation, four-wheelers, three-wheelers, all-terrain vehicles, motorcycles, mopeds, dirt bikes, scooters, dune buggies, go-karts, and snowmobiles.
No person shall operate an off-road vehicle on any private property or public property within the Township, unless such person has in the operator's possession written permission, signed by the property owner, authorizing the operation of such off-road vehicle on the property. Such written permission shall be exhibited to any law enforcement officer upon request.
Liability of parents and guardians for acts of minors. No person shall provide, entrust or allow any juvenile under the age of 18 years to possess an off-road vehicle on any private property or public property within the Township, unless such juvenile has, in the juvenile's possession, written permission, signed by the property owner, authorizing the operation of such off-road vehicle on said property.
Presumptions. A rebuttable presumption shall exist that the operator of an off-road vehicle is operating without the consent of the owner of the property he or she is located on if, upon request, the operator cannot produce the written and signed property owner's consent required under this chapter.
Public purposes. It shall not be a violation of this chapter for any public employee or other party with an appropriate permit to operate an off-road vehicle for the purpose of maintaining, repairing or doing work upon a property for a public purpose.
Fine and/or jail. The penalty for a violation of this chapter shall be a fine of not less than $250, nor more than $1,000, and/or imprisonment in the County Jail for a term not to exceed 90 days. The Municipal Court shall also have the power to order that restitution be paid to the landowner for any damage proven to be caused by any violator of this chapter.
Forfeiture. Any off-road vehicle being used in connection with a second or subsequent offense under this chapter shall be subject to forfeiture to the Township upon order of the Municipal Court, in addition to any other fines, costs and penalties imposed.
Impoundment. Any off-road vehicle found by any law enforcement officer to be in use in violation of this chapter shall be impounded until the disposition of any charges under this chapter and the payment of all fines and costs resulting therefrom. The off-road vehicle shall be released only to a parent or legal guardian of any person under the age of 18 or to the owner of such vehicle who is over the age of 18, upon proof of ownership of same.