[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:
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:
A.
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.
B.
On any public, municipal or Board of Education grounds or property,
including public parks, recreational areas, ball fields, tot lots,
and school grounds.
C.
On any public sidewalks or public streets or areas dedicated or commonly
used for pedestrian or vehicular traffic.
D.
On any common areas, parking areas or open space areas of any apartment,
multifamily, residential, commercial or industrial site, complex or
development.
E.
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.
F.
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.
G.
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.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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.
H.
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.
I.
Violations; penalties. A person violating the provisions of Section 274-2.1 of this chapter shall be subject:
(1)
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.
(2)
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.
(3)
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.
