[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:
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.
A.
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.
B.
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.
C.
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.
D.
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.
A.
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.
B.
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.
C.
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.
