[HISTORY: Adopted by the Township Committee of the Township of Lebanon 11-3-2004 by Ord. No. 2004-12. Amendments noted where applicable.]
Motorized vehicles, bicycles and skateboards in parks and playgrounds — See Ch. 269.
For the purpose of this chapter, the terms used herein shall be defined as follows:
- PUBLIC PROPERTY
- All streets, sidewalks, easements or any other areas dedicated or commonly used for vehicular or pedestrian traffic or other public use.
- RECREATIONAL MOTOR VEHICLE
- Any motor-driven vehicle or conveyance, including but not necessarily limited to two-wheel motor vehicles commonly known as "minibikes," rail bikes, two- or three-wheeled motor scooters or mopeds whether powered by electric, gasoline or other powered source, snowmobiles, all-terrain vehicles commonly known as "ATV's," whether consisting of three- or four-wheeled configuration, and four-wheel motor vehicles commonly known as "go-carts" which are not licensed, registered and inspected by the State of New Jersey for use upon public property. Licensed, registered or unregistered motorcycles shall be considered a recreational motor vehicle to the extent that the same are actually used in a manner prohibited by this chapter, or are constructed so as to be operated both on a public street as well as off-road, commonly known as "dual purpose" motorcycles, whether or not they are registered and inspected by the State of New Jersey.
- TOWNSHIP-OWNED/CONTROLLED LANDS
- All parks, recreation areas, ball parks, lake areas, storage facilities, garage areas, Board of Education property, preserved open space lands, lands for which the Township, Board of Education, county and/or state and/or joint venture between private and public concerns have purchased development rights, and any and all other Township-owned/controlled land, premises or facility.
No recreational motor vehicle or other similar vehicle shall be permitted to be driven, operated, ridden or allowed upon Township-owned lands, including, but not limited to, playgrounds, parks, playing fields, baseball fields, etc., by any person, whether licensed or unlicensed by the State of New Jersey.
This prohibition shall not extend to the paved driveways, parking lots and/or similar areas normally reserved for recreational motor vehicles when said vehicle is driven, operated or ridden by an individual holding a valid motor vehicle license from the State of New Jersey.
This prohibition shall not extend to any area which is designated by the Township, county and/or state lands which is now or may in the future be designated for use by recreational motor vehicles; provided, however, that the recreational motor vehicle is permitted to be used thereon by designation and is used consistently with any applicable rules or regulations thereto.
Any person having in his possession a recreational motor vehicle on or about the area of Township-owned/controlled land on which the use of said vehicle is prohibited, as defined in § 372-2, shall be presumed to have said vehicle on the property for the purpose of operating, driving and/or riding said vehicle, and said possession of said vehicle, unless said presumption of intent to operate, drive or ride said vehicle is rebutted by the individual, shall be a violation of this chapter.
Any person authorized to enforce the ordinances of the Township of Lebanon, who discovers any minor in possession of or holding a valid New Jersey motor vehicle license, without limitation or condition, to operate a motor vehicle and is either operating, driving, riding and/or possessing any motor vehicle, including but not limited to recreational motor vehicles, on Township-owned/controlled lands shall be authorized to immediately remove said vehicle from the possession of said minor and to impound said vehicle. Said vehicle shall be kept in storage designated by the Township of Lebanon and its Police Department for such impoundment until redeemed by the minor's parent, legal guardian and/or responsible adult. Prior to the release of said vehicle, all storage and impounding fees as required by the operator of the place of storage, including the Township, shall be paid. No vehicle may be redeemed except between 9:00 a.m. and 5:00 p.m. weekdays. The maximum daily fee to be charged for the impounding of a vehicle, plus administration and overhead fees for storage, are included in Chapter 205, Article II, Fee Schedule.
Any person authorized to enforce the ordinances of the Township of Lebanon who discovers any person either operating, driving, riding and/or possessing any recreational motor vehicle on Township-owned/controlled lands shall be authorized to immediately remove said vehicle from the possession of said person and impound the vehicle. Said vehicle shall be kept in storage designated by the Township of Lebanon and its Police Department for such impoundment until redeemed by the owner. Prior to release of said vehicle, all storage and impounding fees as required by the operator of the place of storage, including the Township, shall be paid. No vehicle may be redeemed except between 9:00 a.m. and 5:00 p.m. weekdays. The maximum daily fee to be charged for the impounding of a vehicle, plus administration and overhead fees for storage, are included in Chapter 205, Article II, Fee Schedule.
Any recreational motor vehicle which is impounded pursuant to this section may be declared abandoned and disposed of in accordance with New Jersey law if unclaimed for a period of more than 30 calendar days, provided that no person claiming to be the owner thereof has made claim upon the Township of Lebanon for return of the recreational motor vehicle and further provided that, before any declaration of abandonment, the Township of Lebanon has given notice in writing of:
Any person, firm or corporation who violates any provision of this chapter shall, upon conviction thereof, be subject to the penalties set forth in Chapter 1, Article II, General Penalty. Each impoundment shall be considered a separate act.