[HISTORY: Adopted by the Mayor and Council of the Borough
of Penns Grove 3-18-2009 by Ord.
No. 2009-2 (Ch. 216 of the 1986 Code). Amendments
noted where applicable.]
The Borough of Penns Grove finds that the operation of motorized
recreational vehicles has previously been conducted in a manner so
as to disturb the peace, quiet and tranquility of others and/or in
a careless, reckless or negligent manner so as to endanger or be likely
to endanger the safety of others or the property of others. This chapter
proposes to regulate their use.
A.
Whenever any words and phrases are used in this chapter, the meaning
respectively ascribed to them in N.J.S.A. 39:1-1 shall be deemed to
apply to such words and phrases used herein.
B.
ALL-TERRAIN VEHICLE
MOTORCYCLE
PUBLIC HIGHWAY
PUBLIC LANDS
SNOWMOBILE
As used in this chapter, the following terms shall have the meanings
indicated:
A motor-operated vehicle, designed to travel over any terrain,
of a type possessing between three and six rubber tires, but shall
not include golf carts.
Includes motorcycles, motor bikes, bicycles with a motor
attached and all motor-operated vehicles of the bicycle or tricycle
type.
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.
Any and all real property which is owned or controlled by
a governmental entity, including conservation areas, utility easements
and drainage easements.
Any motor-operated vehicle, designed primarily to travel
over ice or snow, of a type which uses sled-type runners, skis, an
endless belt tread, cleats or any combination of these or other similar
means of contact with the surface upon which it is operated, but does
not include any farm tractor, highway or other construction equipment,
or any military vehicle.
[Amended 7-5-2017 by Ord.
No. 2017-5]
A.
No person shall operate any recreational motorized vehicles, including
but not limited to snowmobiles; two-wheel vehicles known as "dirt
bikes," "minibikes," or "trail bikes"; motor scooters; three- or four-wheel
motor vehicles known as "all-terrain vehicles" (ATVs); and four-wheel
motor vehicles known as "go-carts" under the following circumstances:
(1)
On
the private property of another without the express written permission
of the owner or occupant of the property, within 100 feet of an adjoining
property owner(s) and within 100 feet of a public street or right-of-way.
(2)
On
any public grounds or property, including playgrounds and recreational
areas or lands owned by the Borough, excluding streets, the use of
which is expressly provided for by the New Jersey statutes.
(3)
In
a manner so as to create loud, unnecessary or unusual noise so as
to annoy other persons or to disturb or interfere with the peace and
quiet of the Borough. Further, no person shall operate a recreational
motor vehicle before the hour of 9:00 a.m. and after the hour of 7:00
p.m. prevailing time or sunset, whichever shall occur first. Further,
no person shall cause dust to be created which disturbs the peace
and repose of neighbors, causes property damage to neighboring homes
and creates traffic hazards to passing motorists.
(4)
In
a careless, reckless or negligent manner so as to endanger or be likely
to endanger the safety or property of any person, including the operator
of the vehicle.
B.
No person operating a motor-propelled vehicle shall carry any passenger
or passengers therein or thereon unless said vehicle is specifically
equipped for the purpose of carrying one or more passengers, and no
person operating a motor-propelled vehicle shall carry more passengers
therein or thereon than such vehicle is specifically equipped to carry.
C.
It shall be unlawful for any person to operate or to permit to be
operated, or to ride as a passenger, 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 Transportation
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 39:3-76.10.
D.
It shall be unlawful for any person to operate or permit to be operated
a motorcycle or all-terrain vehicle:
(1)
That
is not equipped with working headlights, taillights, brakes and proper
mufflers as supplied by the motor manufacturer for the particular
model without modifications.
(2)
At
any time and in any manner intended or reasonably to be expected to
harass, drive or pursue any wildlife.
(3)
Without
lighted headlights and lighted taillights.
(4)
Upon
a railroad or right-of-way of an operating railroad, except railroad
personnel in performance of their duties.
E.
It shall be unlawful for any person to violate any provision of this
chapter or any rule or regulation adopted pursuant to this chapter.
A.
A person under the age of 14 years shall not operate or be permitted
to operate any snowmobile, motorcycle or all-terrain vehicle on public
lands or waters or across a public highway, not otherwise prohibited.
B.
A person less than 16 years of age shall not operate on public lands
or waters or across a public highway of this state, not otherwise
prohibited, an all-terrain vehicle or motorcycle with an engine capacity
greater than 90 cubic centimeters.
C.
A person less than 18 years of age shall not operate an all-terrain
vehicle or motorcycle registered in this state on public lands or
waters or across a public highway of this state, not otherwise prohibited,
unless the person has completed an all-terrain vehicle safety education
and training course established or certified by the Commissioner of
Environmental Protection pursuant to N.J.S.A. 39:3C-15. At all times
during the operation of the all-terrain vehicle the person shall have
in his possession a certificate indicating successful completion of
the course.
[Amended 7-5-2017 by Ord.
No. 2017-5]
Any motor vehicle as defined under § 436-2 operated within the Borough shall comply with all relevant provisions of N.J.S.A. 39:3C-1 et seq., including but not limited to the registration provisions contained in N.J.S.A. 39:3C-3 and the unlawful act regulations contained in N.J.S.A. 39:3C-19.
A.
Any police officer enforcing this chapter may impound any motor-driven
vehicle operated on public or private property if the vehicle cannot
be legally driven upon the public roadways of this state.
B.
In cases involving persons under the age of 17 years old, the vehicle
may be returned to the operator's parent or legal guardian upon
payment of all costs and fees associated with the impoundment, which
may include, but not be limited to, storage fees. In the case of an
unregistered vehicle, the vehicle shall be released from impoundment
upon proof that the vehicle has been properly registered and insured
under the New Jersey statutes and upon payment of all fees and costs
incurred in the impoundment, including but not limited to storage
fees. In the case of the vehicle being unable to be registered and
insured in this state and if the person(s) is under the age of 18
years old, then the vehicle may be returned to his/her parent guardian.
C.
In the event that the impounded vehicle is unable to be driven legally
upon the roadways of this state (i.e., all-terrain vehicles, dirt
bikes and such), the vehicle must be removed from impound by either
towing or carting.
Nothing in this chapter shall prevent acceptable agricultural
management practices.
[Amended 7-5-2017 by Ord.
No. 2017-5]
Any person who shall violate any provision of this chapter shall,
upon conviction thereof, be punished by one or more of the following:
by a fine of no less than $100 and no more than $2,000 or by imprisonment
for a term not to exceed 90 days or by a period of community service
not to exceed 90 days. Any person who is convicted of violating any
provision of this chapter within one year of the date of a previous
violation of this same chapter and who was fined for the previous
violation shall be sentenced by a court to an additional fine as a
repeat offender. The additional fine imposed by the court upon a person
for a repeated offense shall not be less than the minimum or exceed
the maximum fine fixed for a violation of this chapter but shall be
calculated separately from the fine imposed for the violation of this
chapter.
