[HISTORY: Adopted by the Mayor and Board of Aldermen of the Town of Boonton 12-17-1990 as Sec. 4-8 of the 1990 Code. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- LICENSED VEHICLE
- Any motor vehicle licensed by the State of New Jersey, Department of Motor Vehicles, for operation upon the public highways.
- Any two-wheeled motor propelled apparatus licensed by the State of New Jersey, Department of Motor Vehicles, or by the equivalent of another state, for operation upon the public highways.
- A. Any two-, three- or four-wheeled bicycles or similar apparatus motor propelled or having a helper motor and commonly referred to among other designations as moped, minibike, go-cart, all terrain vehicle (ATV), trailbike, dune buggy, or the like which, by its nature, is not authorized to be licensed by the State of New Jersey, Department of Motor Vehicles, for use upon the public highways notwithstanding the fact that licensing of the same in some instances may not be required for operation upon the public highways.
- B. Snowmobiles and any similar sport vehicle which is motor propelled and traverses the terrain by means of treads, tracks or the like, as contrasted to wheels.
- PRIVATE PROPERTY
- Lands in the Town not defined herein as public property or a part of a road system defined as an exception to the "public property" definition set forth below.
- PUBLIC PROPERTY
- Lands owned or leased by the Town, a municipal corporation of the State of New Jersey, County of Morris, Board of Education or any other equivalent public body but specifically excluding from the definition any roadways used for public transportation and being part of the accepted road system of the State of New Jersey, Department of Transportation, Town of Boonton or the County of Morris.
- UNLICENSED VEHICLE
- Any motor vehicle not in conformance with the definition of "licensed vehicle."
It shall be unlawful:
To operate a motorized sportbike, or other unlicensed vehicle, or motorcycle on public or private property other than with the express consent of all the owners and lessees of the property.
To operate a motorized sportbike, or other unlicensed vehicle, or a motorcycle, or other licensed vehicle on public or private property in such a way as to harass, worry or disturb residents, domestic animals or wildlife or further to destroy or damage the property.
The terms of this chapter shall not be applicable:
To police or other emergency vehicles, including but not limited to squad cars, motorcycles, ambulances, fire control vehicles, snow removal equipment and the like.
To motorized lawn mowers, tractors or farm vehicles or to construction equipment.
To licensed vehicle lawfully entering or exiting on public roads over private driveways provided and used for the purpose of ingress or egress.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
It shall be the duty of any police officer to confiscate and impound any motorized vehicle as defined herein when the vehicle is operated in violation of this chapter in the presence of a Police Officer or when the officer has probable cause to believe the vehicle has been operated in violation of this chapter. The period of impoundment shall be from the date of the alleged violation until the disposition of the alleged offense by such court of competent jurisdiction as shall hear the same, provided the operator is found guilty of violating this chapter, the owner of the offending vehicle shall pay the reasonable cost of removal and storage constituting impoundment pursuant to Chapter 130, Fees, Article III, Fee Schedule. The expense of impoundment shall be in addition to any other fine or penalty levied or collected under the terms of this chapter.