[HISTORY: Adopted by the Township Committee of Winslow Township 10-24-90 as Ord. No. 0-20-90]
For the purpose of this chapter, the following terms shall have the meanings indicated:
- MOTOR-DRIVEN VEHICLE
- Includes but is not expressly limited to minibikes, motor scooters, go-carts, all terrain vehicles (ATVs), swamp buggies and snowmobiles and any other motor-driven vehicle not capable of being registered under N.J.S.A. 39:1-1 et seq., as amended, Motor Vehicles and Traffic Regulations, of the New Jersey Statutes, as amended, except such vehicles in N.J.S.A. 39:1-1 et seq., as amended, which are expressly exempt from registration.
[Amended 6-26-07 by Ord. No. 0-21-07; 5-26-2020 by Ord. No. O-2020-013]
No person shall operate, or permit and/or suffer to be operated, a motor-driven vehicle, as defined herein, except as set forth in § 274-2.1 below, within the Township under the following circumstances:
On private property of another without the prior express written permission of the owner and occupant of said property. Where such prior express written permission has been obtained, the operator shall keep the same on his person, available for immediate display during the period of such operation.
On any public, municipal or Board of Education grounds or property, including public parks, recreational areas, ball fields, tot lots, and school grounds.
On any public sidewalks or public streets or areas dedicated or commonly used for pedestrian or vehicular traffic.
On any common areas, parking areas or open space areas of any apartment, multifamily, residential, commercial or industrial site, complex or development.
In a careless, reckless or negligent manner so as to endanger or be likely to endanger the safety or property of any person or persons.
In such a manner as to create loud, unnecessary or unusual noise so as to disturb or interfere with the peace and quiet of other persons and no person shall operate such motor-driven vehicle as defined herein before the hour of 9:00 a.m., prevailing time or after sunset or at any time within 500 feet of the property line of any property zoned "residential" or used for residential purposes and not owned by the operator.
Each motor-driven vehicle shall at all times be equipped with a muffler in good working order and no person shall use a muffler cut-out, by-pass or similar device on said vehicle.
[Added 6-26-07 by Ord. No. 0-21-07]
A properly registered motorized scooter, as defined in Section 274-2.1G, may be operated only by a properly designated person with a mobility-related disability, as defined in Section 274-2.1H, on any public property, land or street with a posted speed limit not exceeding twenty-five (25) miles per hour.
Any motorized scooter operated by a person with a mobility-related disability shall be registered with the township. As a condition for such registration, the owner or operator shall produce or display appropriate proof that a policy of liability insurance is in effect for that motorized scooter.
Any person with a mobility-related disability who operates a motorized scooter shall wear a properly fitted and fastened helmet which meets the Consumer Product Safety Commission standard or such other standard, as appropriate.
Any motorized scooter operated by a person with a mobility-related disability shall be equipped with a brake that will enable the operator to stop the scooter in a safe and effective manner.
No motorized scooter that is capable of a maximum speed of more than fifteen (15) miles per hour shall be registered or operated on any public street under the provisions of this section.
Neither the Township of Winslow, nor any agency, official or employee thereof, shall assume responsibility for or incur liability for any injury to person or property caused by any act of a person with a mobility-related disability who operates a motorized scooter upon municipal, county or State property.
For the purposes of this section, "motorized scooter" shall mean a gas or electric powered scooter or mini-scooter which is capable of a maximum speed of not more than fifteen (15) miles per hour on a flat surface. Nothing in this section shall be construed to authorize or permit the registration or operation of any pocket bike, super pocket bike, sport scooter, mini-chopper, mini-motorcycle, or motorized skateboard on any public street by a person with a mobility-related disability.
For purposes of this section, a "property designated person with a mobility-related disability" shall mean only that individual who has obtained a placard or sticker issued by the Chief Administrator of the New Jersey Motor Vehicle Commission indicating that a handicapped person identification card has been issued to the person designated therein and that the person so designated may operate the motorized scooter on public streets.
The placard or sticker shall be displayed in such manner as the Chief Administrator shall determine on the motorized scooter used by the named individual with a mobility-related disability.
Violations; penalties. A person violating the provisions of Section 274-2.1 of this chapter shall be subject:
For the first offense, to a fine of not less than one hundred dollars ($100.) nor more than two hundred dollars ($200.), and seizure of the motorized scooter. The seized scooter may only be retrieved from the police by the operator of the scooter or if the operator is under eighteen (18) years of age by the operator accompanied by the operator's parent or guardian.
For the second offense, to a fine of not less than two hundred dollars ($200.) nor more than five hundred dollars ($500.), and seizure of the motorized scooter. The seized scooter may only be retrieved from the police by the operator of the scooter or if the operator is under eighteen (18) years of age by the operator accompanied by the operator's parent or guardian, provided that the court adjudicating the matter approves the return of the scooter. In addition to the fine and seizure provided for in this subsection, the court shall order the violator to perform community service for a period of not greater than twenty-five (25) hours.
For the third or subsequent offense, to a fine of not less than five hundred dollars ($500.) nor more than seven hundred fifty dollars ($750.), and seizure and forfeiture of the motorized scooter. In addition to the fine, and seizure and forfeiture provided in this subsection, the court shall order the violator to perform community service for a period of not greater than fifty (50) hours.
It shall be rebuttably presumed that any person under the age of eighteen (18) years who operates a motor-driven vehicle in violation of the terms of this chapter, and who resides with his parent, guardian or other person having custody of such person, is operating the motor-driven vehicle with the sufferance and permission of such parent, guardian or other person, and each of these shall be subject to prosecution the same as the minor who actually operates the motor-driven vehicle in violation of the provisions of this chapter.
Any person under the age of eighteen (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 person violating any of the provisions of this chapter shall, upon conviction thereof, be subject to a fine not to exceed one thousand dollars ($1,000.) or imprisonment of a term not to exceed ninety (90) days, or both, for each violation.