[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:
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.
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.
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.
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.
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.
Any motor vehicle not in conformance with the definition
of "licensed vehicle."
It shall be unlawful:
A.
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.
B.
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:
A.
To police or other emergency vehicles, including but
not limited to squad cars, motorcycles, ambulances, fire control vehicles,
snow removal equipment and the like.
B.
To motorized lawn mowers, tractors or farm vehicles
or to construction equipment.
C.
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.
