[HISTORY: Adopted by the Township Committee of the Township of Franklin
as indicated in article histories. Amendments noted where applicable.]
[Adopted 2-15-1972 by Ord. No. 1972-2]
It shall be unlawful to operate any type of unlicensed motor-driven
vehicle or conveyance, including but not limited to snowmobiles, two-wheel
motor vehicles known as "minibicycles," trail bicycles, motor scooters and
four-wheel motor vehicles known as "go-carts" under the following circumstances:
A.
On private property of another without the express permission
to do so by the owner or occupant of said property. It shall be presumed,
in the absence of written permission from the property owner in the possession
of the operator, that the operation of such a vehicle shall be without the
express permission of said property owner.
B.
On any public street located within the Township of Franklin.
C.
On public grounds without the express provisions or permission
to do so by the proper public authority.
D.
In a manner so as to create loud, unnecessary or unusual
noise so as to disturb or interfere with the peace and quiet of other persons.
E.
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.
This article shall not apply to vehicles and equipment owned by the
municipality.
This article shall not be applied to any recognized organization which
has applied to the Township Committee of the Township of Franklin for specific
use privileges to specified township-owned lands and premises for the purpose
of having organized and supervised activities conducted thereon, so long as
an insurance policy is filed with the Township Clerk of the Township of Franklin
for which the Township Committee of the Township of Franklin has given its
specific approval and for which the Township of Franklin shall be held harmless
for any such use of its lands and premises.
The unlicensed motor vehicle driven by a person having a prior conviction
under this article shall immediately be confiscated by the police. Said vehicle
shall be returned upon conclusion of proceedings instituted hereunder and
the payment of any penalty imposed by any court of competent jurisdiction.
Any person who shall violate the provisions of this article shall be
subject to a fine of not more than $200 or shall be imprisoned in the county
jail for a period not exceeding 30 days, or both, in the discretion of the
Judge of the Municipal Court.
[Adopted 7-23-2002 by Ord. No. O-28-2002]
The following words, when used in this article, shall have the following
meanings.
Includes but is not expressly limited to minibikes, motor scooters,
go-carts, all terrain vehicles (ATV's), swamp buggies and snowmobiles and
any other motor driven vehicle not registered under N.J.S.A. 39:1-1 et seq.,
as amended, Motor Vehicles and Traffic Regulations of the New Jersey statutes,
as amended, except such vehicles in N.J.S.A. 39:1-1 et seq., as amended, which
are expressly exempt from registration.
The riding of a motorized vehicle while the engine is running. Operation
is not intended to include the mere running of an engine or nominal movement
of the motorized vehicle which may customarily happen during maintenance,
storage and the like.
All land in the Township of Franklin, in the County of Gloucester,
other than public property and other than public streets, roads and highways.
Lands and interests in all real property owned by or leased to the
Township of Franklin, in the County of Gloucester, or owned by or leased to
any other municipal corporation or political subdivision of the State of New
Jersey, specifically included but not limited in said definition to all public
streets, roads and highways in the Township, public parks, School Board lands
and easements or rights-of-way open to the public.
A writing which must include, a) the name, address and telephone
number of the property owner who is granting permission; b) the full name
of the individual(s) granted permission to be operating a motorized vehicle;
c) identification of the private property in question; d) the dated signature
of the consenting property owner; and e) the starting and ending date during
which consent is valid.
A.
This ordinance shall apply to all unregistered motorized
vehicles operated within the corporate boundaries of the Township of Franklin,
County of Gloucester, State of New Jersey.
B.
This Ordinance shall not apply to motorized vehicles
and equipment operated by a Township of Franklin employee in performance of
their official duties.
A.
It shall be a violation of this article for any person
to operate a motorized vehicle upon any property other than premises which
the owner resides, owns or leases, either public or private, in the Township
of Franklin, in the County of Gloucester, unless:
(1)
The operator of the motorized vehicle is either the owner
of the motorized vehicle or a person who has in his or her possession written
consent from the owner of the motorized vehicle or other person lawfully in
possession of said motorized vehicle to operate the motorized vehicle on the
day in question.
(2)
The person operating the motorized vehicle has in his
or her possession written consent from the owner or other person lawfully
in possession of the real property on which the motorized vehicle is operated
authorizing him or her to operate said motorized vehicle on said property
on the date in question.
B.
No motorized vehicle shall be operated by individuals
under 18 years of age without the operator and passenger wearing a protective
helmet and eyeshield as approved by the United States Department of Transportation.
C.
It shall be unlawful for any person to operate a motorized
vehicle in the Township of Franklin, in the County of Gloucester, in such
careless, reckless or negligent manner without due caution or circumspection
such as to endanger any other person or property of another or to cause injury
to himself or herself or another.
D.
It shall be unlawful to operate a motorized vehicle in the Township of Franklin, in the County of Gloucester, in such a manner as to create unnecessary or unusually loud noise so as to annoy or disturb persons other than the operator or to disturb or interfere with the peace and quiet of the Township in accordance with provisions of Township of Franklin Code Chapter 272 or any amendments or replacements thereto.
E.
No motorized vehicle shall be operated for pleasure driving
(on the land of another) between the hours of 9:00 p.m. and 9:00 a.m. This
shall not apply to motorized vehicles operated in the course of legitimate
agricultural or business activities or to individuals legally engaged in the
activity of hunting.
F.
It shall be unlawful for a motorized vehicle to be operated
before sunrise and after sunset or other times when headlights are appropriate
without having lighted headlights and lighted taillights.
G.
No such motorized vehicle shall be operated on a public
street, sidewalk, bicycle path or any public lands or School Board lands within
the Township of Franklin.
H.
No motorized vehicle shall be operated within 150 feet
of an occupied building unless the person operating the motorized vehicle
has in his or her possession a consent in writing from the owner or other
person residing in said residence. This shall not apply to motorized vehicles
operated in the course of legitimate agricultural or business activities.
I.
No motorized vehicle shall be operated within 300 feet
of a health care facility or a place of worship, reflection or prayer such
as, but not limited to, hospital, nursing home, church, synagogue or cemetery.
Any police officer shall have the power and authority to confiscate
and impound any motorized vehicle as defined herein when said motorized vehicle
is operated in violation of this article.
It shall be a rebuttable presumption that any person under the age of
18 years who operates a motorized vehicle in violation of the terms of this
article, and who resides with his or her parent, guardian or other person
having custody of such person, is operating the motorized vehicle with the
sufferance and permission of such parent, guardian or other person, and each
of these shall be subject to prosecution the same as the minor who actually
operates the motorized vehicle in violation of the provisions of this article.
A.
A rebuttable presumption shall exist that the operator
of the motorized vehicle is driving without consent of the owner or person
in custody and control of the motorized vehicle if he or she cannot produce
upon request of the police officer the written consent to operate the motorized
vehicle. A rebuttable presumption shall also exist that the person is not
authorized and given permission to operate the motorized vehicle on private
property from the owner or person in custody and control of such property
or within 150 feet of a residence if, upon request, the operator cannot produce
to the officer the written consent required by this article from such owner
or person in custody and control for the date in question.
B.
The rebuttable presumption shall terminate if the defendant
produces at the time of trial a written consent in writing or verbally from
the motorized vehicle or property owner giving permission for said operation.
A.
The Municipal Court Judge shall, upon his discretion,
impose penalties and fines as follows:
(1)
Any person who violates any provision of this article
shall pay a fine of not less than $100 but not more than $1,000 and shall
serve a period of community service not exceeding 90 hours and shall make
restitution to the victim.
(2)
In addition to any other disposition authorized by law,
and notwithstanding the preceding subsection, any person who presents fraudulent
or falsified written consent to a law enforcement officer shall pay a fine
of not less than $250 but not more than $2,500.
B.
The unlicensed motorized vehicle driven by a person having
a prior conviction under this article shall immediately be confiscated by
the police. Said motorized vehicle shall be returned upon conclusion of proceedings
instituted hereunder and the payment of any penalty imposed by any court of
competent jurisdiction.
