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Township of Ewing, NJ
Mercer County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Ewing as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-24-1998 by Ord. No. 98-13 as Ch. 218, Art. I, of the 1998 Code]
No person shall drive or operate any vehicle in such a manner as to cause one or more of the wheels of such vehicle to pass over any fire hose.
Except as provided herein, violations of this article shall be punishable as provided in Chapter 1, Article III, General Penalty.
[Adopted 11-24-1998 by Ord. No. 98-13 as Ch. 218, Art. II, of the 1998 Code; amended in its entirety 7-11-2023 by Ord. No. 23-16]
When used in this article, the following terms shall have the meanings indicated:
ALL-TERRAIN VEHICLE (ATV)
A vehicle that:
A. 
Has a seat or seats for the rider and one passenger;
B. 
Has three or more tires;
C. 
Is not more than 50 inches wide;
D. 
Is designed for off-highway use;
E. 
Is not designed by the manufacturer for farm or lawn care; and
F. 
Is powered by fuel such as gasoline or oil, or by a battery, or the motor is electric.
DIRT BIKE
A motor vehicle that:
A. 
Has two wheels.
B. 
Is designed to be used on off-road terrains, including unsurfaced tracks and roads.
C. 
Is powered by fuel such as gasoline or oil, or by a battery, or the motor is electric.
GO-CART
A vehicle that:
A. 
Is a type of small, low-to-the-ground sports car, close-wheeled car, open-wheel car or quadracycle;
B. 
Has a lightweight or skeleton body with an open frame; and
C. 
Is powered by a two-stroke or four-stroke engine which uses fuel such as gasoline or oil, a battery, or the motor is electric.
MINIBIKE
A vehicle that:
A. 
Is a small, one-passenger motorcycle; and
B. 
Is powered by fuel such as gasoline or oil, or by a battery, or the motor is electric.
OFF-HIGHWAY VEHICLE
A. 
Snowmobile;
B. 
Minibike;
C. 
Dirt bike;
D. 
All-terrain vehicle;
E. 
Recreational off-highway vehicle;
F. 
Utility vehicle;
G. 
Go-cart; or
H. 
Any vehicle which is not licensed for street use and is propelled other than by muscular power.
RECREATIONAL OFF-HIGHWAY VEHICLE (ROV)
A vehicle that:
A. 
Has a seat or seats for the rider and one or more passengers;
B. 
Has four or more tires;
C. 
Is designed for off-highway use;
D. 
Is not designed by the manufacturer for farm or lawn care; and
E. 
Is powered by fuel such as gasoline or oil, or by a battery, or the motor is electric.
SNOWMOBILE
A vehicle that:
A. 
Weighs less than 1,000 pounds;
B. 
Uses sled-type runners or skis, endless belt-type tread with a width of 48 inches or less, or any combination of runners, skis, or tread;
C. 
Is designed for travel on snow or ice; and
D. 
Is powered by fuel such as gasoline or oil, or by a battery, or the motor is electric.
UTILITY VEHICLE (UTV)
A vehicle that:
A. 
Has side-by-side seating for the operator and passenger;
B. 
Has four or more tires;
C. 
Is designed for off-highway use;
D. 
Is designed by the manufacturer for utility work and not for recreational purposes; and
E. 
Is powered by fuel such as gasoline or oil, or by a battery, or the motor is electric.
It shall be unlawful for any person to operate an off-highway vehicle under the following circumstances:
A. 
On private property of another without the express permission to do so by the owner or occupant of the property.
B. 
On public grounds without express provision or permission to do so by the proper public authority.
C. 
In a manner which creates loud, unnecessary or unusual noise so as to disturb or interfere with the peace and quiet of other persons.
D. 
In a careless, reckless or negligent manner so as to endanger or be likely to endanger the safety of any person or the property of any other person.
It shall be unlawful and pose an immediate threat to the public health, safety and welfare of the residents of the Township of Ewing for any person to operate any off-highway vehicle upon any public street, highway, right-of-way, or sidewalk located within the Township in violation of N.J.S.A. 39:3C-17.
A. 
It shall be unlawful and pose an immediate threat to the public health, safety and welfare of the residents of the Township of Ewing for any person owning or operating a gas station in the Township, which disburses petroleum products from dispensing pumps to the general public, to disburse or allow to be disbursed gasoline or diesel fuel directly into any off-highway vehicle. However, it shall be lawful to distribute gasoline or diesel fuel directly into any off-highway vehicle that has been conveyed upon or in a properly registered trailer, truck, or other lawful means of conveyance.
B. 
All gas stations within the Township of Ewing must display at least one sign, large enough to be easily read by motorists fueling their vehicles at the gas station, which states "Per Ordinance 371-6, no gas station shall dispense fuel to an unlicensed off-highway vehicle that is not trailered."
A. 
Any off-highway vehicle operated in a manner that violates this article shall be deemed contraband subjected to forfeiture in accordance with N.J.S.A. 2C:64-1 et seq., and shall be disposed of in accordance with the provisions of N.J.S.A. 2C:64-6 or, at the discretion of the entity funding the prosecuting agency involved, may be destroyed.
B. 
Except as provided herein, violations of this article shall be punishable as provided in Chapter 1, Article III, General Penalty.
A. 
Notwithstanding §§ 371-4 and 371-5 of this article, public safety and/or public works personnel employed by the Township, county, state or other public body may operate an off-highway vehicle on any public highway, road, or right-of-way within the town when the off-highway vehicle is being used in the performance of official duties.
B. 
Notwithstanding § 371-6 of this article, gas stations may sell fuel to public safety and/or public works personnel who drive up to a gas station in an off-highway vehicle, so long as the public safety and/or public works personnel is operating an off-highway vehicle in the performance of official duties.