[HISTORY: Adopted by the Township Committee of the Township
of Fredon Ord. No. 10-86 (Sec. 3-7 of the 1972 Revised General Ordinances). Amendments
noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 515.
Increased use of motorized sport vehicles throughout the Township,
without any regard for the rights of the property owners whose property
is used for the operation of these motorized sport vehicles, without
the permission of such landowners, and without regard for the noise
emanating from such motor vehicles or the dirt and dust raised up
into the air by the operation of these motorized sport vehicles, has
increased to such a degree that these motorized sport vehicles are
not only hazardous and detrimental to property owners and residents,
but also to those who operate them with no regard for their own safety
or the safety of others.
As used in this chapter, the following terms shall have the
meanings indicated:
Any two-, three-, or four-wheeled vehicle that is motor-propelled
or contains a motor to assist the operation of such vehicle, and which
vehicles are commonly referred to as dirt bikes, minibikes, go-carts,
all-terrain vehicles (ATV), dune buggies, snowmobiles and trail bikes,
which vehicles by their nature and design are not intended to be used
and operated along paved roads and highways but are intended rather
to be operated in dirt, sand, up and down hills, along trails and
in similar-type areas.
All lands and buildings in the Township of Fredon not included
in the definition of "public property" or part of the public road
system.
Lands and buildings owned or leased by the Township of Fredon,
the Fredon Township Board of Education, the County of Sussex or the
State of New Jersey or any other equivalent public body. This definition
specifically excludes any public roadways owned or maintained by any
of the aforementioned public entities.
[Amended 3-22-2018 by Ord. No. 2018-01; 8-23-2023 by Ord. No. 2023-09]
The following acts are unlawful:
A.
Allowing anyone to operate a motorized sport vehicle upon public
property at any time.
B.
Allowing anyone to operate a motorized sport vehicle on private property,
other than that private property owned by the family of the operator,
without the written consent of all of the owners of the private property.
C.
Allowing anyone to operate a motorized sport vehicle during the period
of one hour after sunset until four hours after sunrise.
D.
Allowing anyone to operate a motorized sport vehicle, that either
cannot by registered with the Director of the Division of Motor Vehicles
or is not registered with the Director of the Division of Motor Vehicles,
upon any public street, roadway, highway or within the boundaries
of the public right-of-way within the Township of Fredon.
E.
Allowing anyone to operate a motorized sport vehicle so as to cause
it to propel sand, dirt, dust, rocks, gravel, or other similar materials
into the air so as to likely injure persons, damage property, or such
so that those materials that leave the property.
F.
Allowing anyone to operate a motorized sport vehicle without the
motorized vehicles containing a muffler or other similar device to
reduce the sound coming from the engine of the vehicle.
G.
Allowing anyone to operate a motorized sport vehicle on public or
private property in such a way as to harass, worry, or disturb farm
animals, domestic livestock or wildlife, or to destroy or damage crops
or farm produce.
H.
Allowing anyone to operate a motorized sport vehicle near any public
roadway so that the operation of such motorized sport vehicle would
cause operators of automobiles, motorcycles, or trucks to have to
take evasive or irregular action to move away from such motorized
sport vehicle.
I.
Allowing anyone to operate a motorized sport vehicle on any private
street or right-of way within the Township of Fredon without the written
permission of the owner of the private street or right-of-way.
J.
Allowing anyone to operate a motorized sport vehicle while under
the influence of liquor or drugs, in accordance with the requirements
and definitions of N.J.S.A. 39:4-50.
A.
The operator of a motorized sport vehicle shall wear a helmet upon
his/her head and goggles or face shields on his/her face.
B.
No person operating a motorized sport vehicle or motorcycle shall
engage in fancy or trick riding, remove both hands from the handlebar
or ride without maintaining full control of the motorized sport vehicle.
C.
No person operating a motorized sport vehicle shall carry any other
person on it except in a place designated for such purpose and equipped
for such purpose as part of the original manufacture for such purpose.
A.
It shall be the duty of any police officer to:
B.
The period of impoundment for the motorized sport vehicle shall be
from the date of the alleged violation until the disposition of the
alleged offense by the joint Township municipal court, or other court
of competent jurisdiction. The owner and operator shall be responsible
to pay the reasonable cost of the removal of the motorized sport vehicle
and for the storage constituting the impoundment, in accordance with
the Fredon Township fee schedule. The expense of removal and storage
shall be in addition to any other fine or penalty levied or collected
under the terms of this chapter.
[Amended by Ord. No. 99-06]
For any violation of the terms of this chapter, the offender
shall be liable for a penalty of $100 for the first offense, $250
for the second offense and a fine of up to $500 with up to 90 days'
imprisonment for third and subsequent offenses. For the purposes of
this chapter, an offense shall be considered a subsequent offense
if committed within one year of a prior violation of this chapter.
