[HISTORY: Adopted by the Mayor and Council of the Borough of Wenonah 10-25-2007 by Ord. No. O-07-16. Amendments noted where applicable.]
The Borough 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 and/or the property of others. This chapter proposes to regulate their use.
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. As used in this chapter, the following terms shall have the meanings indicated:
- ALL-TERRAIN VEHICLE
- A motor-operated vehicle, designed to travel over any terrain, of a type possessing between two and six rubber tires, 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.
- 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, 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.
No person shall operate any recreational motorized vehicles, including but not limited to snowmobiles; two-wheel vehicles known as minibikes; 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:
On the private property of another without the express written permission of the owner or occupant of the property.
Within 150 feet from adjoining property owner(s); conservation areas and easements; public parks; public streets and/or public rights-of-way.
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.
In a manner so as to create loud, unnecessary or unusual noise 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 7:00 a.m. and after sunset or the hour of 8:00 p.m. prevailing time, whichever shall first occur.
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.
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.
Protective helmets. It shall be unlawful for any person to operate or to permit to be operated, or to ride as a passenger on a motorized recreational vehicle without wearing a protective helmet approved by the Director of the Motor Vehicle Commission 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 to be operated a motorized recreational 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 to be operated a motorized recreational 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 a motorized recreational vehicle without lighted headlights and lighted taillights.
Railroads. It shall be unlawful for any person to operate or permit to be operated a motorized recreational vehicle upon 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 person under the age of 18 years who shall violate any of the provisions of this chapter shall be subject to the adjudication and disposition provisions of N.J.S.A. 2A:4-42, et seq. Further, any parent, guardian or any person having the care, custody and control of any child under the age of 18 years, who shall knowingly permit such child to operate a recreational motor vehicle shall be in violation of this chapter.
Any motor vehicle 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.
Any police officer enforcing this chapter may impound any motor-driven vehicle operated on public or private property if the said vehicle cannot be legally driven upon the public roadways of this state.
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.
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 ordinance shall prevent the use or operation of motorized recreational vehicles in the pursuit of acceptable agricultural management practices as set forth in the New Jersey Right to Farm Act, N.J.S.A. 4:C-1 et seq.
Any person violating or failing to comply with any of the provisions of this chapter shall, upon conviction thereof, be punishable by a fine in an amount not less than $25 nor more than $100; upon a second violation, a fine in an amount not less than $100 nor more than $200; and upon a third or subsequent violation, a fine in an amount not less than $200 nor more than $250; and/or a period of community service not to exceed 10 days. Whenever such person shall have been officially notified or by service of a Summons in a prosecution, or in any other official manner, that said person is committing a violation, each day's continuance of such violation after such notification shall constitute a separate offense, punishable by a like fine or penalty.
All prior ordinances or parts of ordinances inconsistent with this ordinance be and the same are hereby repealed to the extent of such inconsistencies.
Should any section, clause, sentence, phrase or provision of this ordinance be declared unconstitutional or invalid by a Court of competent jurisdiction, such decision shall not affect the remaining portions of this ordinance.
This ordinance shall take effect immediately upon final passage and publication in accordance with law.