The purpose of this chapter shall be to set standards for the
operation of motor-driven off-road vehicles within the township so
as to improve standards of safety as well as to minimize the impact
of operation of such vehicles on residents of the township, the public
at large, and the environment.
As used in this chapter, the following terms shall have the
meanings indicated:
Shall mean a motor-driven vehicle designed primarily for
transportation of the driver, including minibikes, trail bikes, unlicensed
motorcycles, motor scooter, motor-bikes, go-carts, dune buggies, all-terrain
vehicles, or other recreational vehicles designed primarily for transportation
of the driver on other than the public or private roadway. This chapter
shall not apply to lawn mowers, tractors, farm, lawn, garden or similar
equipment when used for purposes for which they were designed. Vehicles
required to be registered under Title 39, Motor Vehicles, of the New
Jersey Statutes shall be regulated by that statute and are specifically
exempted from registration under this chapter.
Any person who shall own an off-road vehicle, as defined in
sub section 3B-2.1, and who intends to use same or to permit same
to be used within the boundaries of the township shall, prior to such
operation, register such vehicle with the township police department.
A person wishing to register an off-road vehicle shall complete an
application upon forms furnished by the township police department
which application shall include, but is not limited to the following
information: the name and address of the registrant, the name and
address of the owner and, where applicable, the year, make, type,
model, color, horsepower and serial number of the vehicle being registered.
In the case of a registrant under 18 years of age, a letter from his
or her parent or guardian must accompany the application, giving the
parent or guardian's name and address, his or her consent to
the registration and his or her agreement of responsibility for the
operation of said vehicle according to the terms of this chapter.
Each registrant shall pay a fee of $3 which shall be used to defray
the costs of registration and identification sticker. Upon acceptance
of the application and fee, the township police department shall issue
an identification sticker bearing the registration number and date
of issue, which sticker shall be prominently and clearly displayed
on the vehicle and maintained in a legible condition. The registrant
shall also be given a copy of this chapter and, in the case of registrants
under 18, a copy shall be sent to the parent or guardian who has signed
the consent letter described above.
The initial registration period shall commence upon the effective
date of this chapter and it is intended that all owners shall have
registered the vehicles and complied with this chapter not later than
three months thereafter. Subsequent to said date individuals acquiring
such vehicles shall have 10 days from the effective date of such acquisition
within which to register said vehicles. Thereafter, the registration
shall be renewed annually prior to the last day of the month in which
the original registration was issued. A renewal fee of $2 shall be
paid at that time.
In the event ownership of the vehicle is transferred, the new owner shall register said vehicle pursuant to the terms of subsection 3B-3.1 above, within 10 days of effective ownership.
In the event the identification sticker is lost or becomes illegible,
a replacement shall be obtained within 10 days from the Warren Township
Police Department upon payment of a replacement fee of $1.
In the event a registered owner sells or otherwise disposes
of a registered vehicle and obtains another vehicle, he may transfer
his registration to the replacement vehicle for a transfer fee of
$1.
No registration shall be required to operate an off-road vehicle
on private property when vehicle is operated exclusively on private
property by either the owner of the property, a resident of the property,
or any person who permanently resides with the owner of the property.
It shall be unlawful to operate any off-road vehicle within
the township under the following circumstances:
b.
On the private property of another person or party, unless the operator
of the vehicle has express written permission of the owner or legal
occupant of the property to operate the vehicle thereon. Such permission
shall be in writing and shall be exhibited to police officers on request
or furnished to the police department within 48 hours.
c.
On any public street, sidewalk, or bike path within the township
unless the operator is fully dismounted.
d.
On public grounds unless permission for operation of such vehicles
on the grounds has been specifically given by the proper public authority.
e.
Without any muffler device or, in case of vehicles with two-cycle engines, without any spark arrestor, or in violation of noise standards described in section 3B-5.
f.
In a manner creating loud or unusual noise so as to disturb or interfere
with the peace and quiet of other persons.
It shall be unlawful for the registrant, owner, or person having control or custody of an off-road vehicle to allow or enable the registered vehicle to be used or operated by another in violation of subsection 3B-4.1.
Where a vehicle is operated in violation of this chapter, it
shall be presumed that the registrant or, in the case of registrant
under 18, the parent or guardian of the registrant enabled the vehicle
to be so operated.
It shall be unlawful for any off-road vehicle to be operated
within the township which produces a maximum noise greater than 100
decibels measured at a distance of 0.5 meters (20 inches) from 45°
behind (when measured from the normal line of travel of the vehicle)
and in the horizontal plane of the rear-most exhaust outlet.
Passage of a noise measurement test may be required at time
of registration of any off-road vehicle or by a police officer investigating
a potential violation of this standard.
The following procedure shall be utilized in conducting a measurement
test:
a.
The vehicle shall be tested in a flat, open area, free of large sound-reflecting
objects within six meters (18 feet) of the vehicle and free of deep
snow, plowed ground or grass higher than 15 centimeters (six inches).
b.
The sound level mete must meet or exceed the requirements of ANSI
S1.4-1971, Type 2 sound level meter, set for "fast or slow" response
and for the A-weighting network.
c.
Ambient (background) noise shall be at least seven decibels lower
than that of the vehicle being tested.
d.
The vehicle's engine shall be run with the gear-box in neutral
at a speed equal to one-half of the manufacturer's recommended
maximum engine speed (red line). If no red line is available at the
time of such test for the particular engine, the engine shall be run
at 60% of the speed at which maximum horsepower is developed or at
50% of full throttle, as determined by a tachometer.
e.
It is the intent of the township to periodically reevaluate this
noise standard and, if it is determined to be inappropriate to adjust
said standard and/or procedures to reflect advances in technology.
For registrants 18 years of age or over, violation of the provisions of this chapter shall upon conviction thereof be punishable by a fine of not more than $200 or by imprisonment in the county jail for a term of up to 30 days, or both. In the case of violations for operation of the off-road vehicle in violation of section 3B-3, the township police department may, in addition to issuing a summons, also immediately confiscate the off-road vehicle used or operated in violation of this chapter. The vehicle shall be returned to the registrant upon completion of registration as set forth in section 3B-3 and upon payment of any towing or removal costs.
In the event that the provisions of this chapter are violated
by an operator or a registered owner of the vehicle who is at the
time of such violation under the age of 18, such violation shall result
in the following:
a.
For the first violation, the operator shall be warned by the police
and a letter shall be sent to the registrant and separately to the
parent or guardian signing the consent letter for the registrant;
the letter shall state the offense and describe the penalties for
violation. A copy of this chapter shall be included with the letter
to the parent or guardian.
Upon second or subsequent conviction for violation of this chapter
by the same registrant (or involving the same vehicle) the court may
order confiscation of the vehicle in question by the police department
for a period not to exceed 90 days for each violation.
