[HISTORY: Adopted by the Mayor and Council of the Borough of Folsom 9-9-2009 by Ord. No. 06-2009. Amendments noted where applicable.]
Vehicles and traffic — See Ch. 187.
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.
As used in this chapter, the following terms shall have the meanings indicated:
- ALL-TERRAIN VEHICLE
- 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.
- 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.
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.
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.
Limited access highways. No person shall operate an all-terrain vehicle upon limited-access highways or within the right-of-way limits thereof.
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:
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.
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.
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.
No person shall continue to operate a motorcycle or all-terrain vehicle on the property of another after consent has been withdrawn.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
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.