Noisy ATVs targeted again in Millstone

Officials to review township ordinances.

By: Purvi Desai
   MILLSTONE — Va-va-vroom and there could be a problem.
   Millstone residents are "irate" and once again complaining about noisy all-terrain vehicle use near their backyards, the township mayor said at a recent meeting.
   A year and a half ago, a proposed ordinance to control ATV noise was introduced but failed to get any votes for adoption after residents protested the suggested restrictions. But it seems that the same ordinance could have been handy right about now.
   "If the noise is bothersome to you, that is enough to have that particular activity stopped," Mayor Nancy Grbelja said at the April 19 Township Committee meeting.
   Committeeman Elias Abilheira said in a telephone interview that although two noise ordinances are in effect in the township, more needs to be done.
   "We need to extend the ordinances in such a way to combat the problem," he said.
   Approximately a year and a half ago, the township had proposed an ordinance to prevent ATVs from being used on lots of 3 to 6 acres, Mr. Abilheira said.
   "If you had a few bad apples riding, you couldn’t even sit on the back deck or pool," he said. "There was a push to try and limit the areas you can ride the ATV in. It was agreed that ordinance would not be passed. It passed on the first reading, but we couldn’t find an amendment that was acceptable to everybody."
   At that time, residents and township officials agreed that everyone would try to police themselves in the operation of these vehicles, Mr. Abilheira said.
   "It’s been a year and half since that ordinance was reviewed, and it’s becoming problematic again," he said.
   One township ordinance prohibits the operation of any audible source that creates a sound level outdoors equaling or exceeding 65 decibels during the day and 50 decibels at night, he said. Indoors, the decibels levels should not exceed 55 during the day and 40 during the night, Mr. Abilheira said. That ordinance covers a one-time violation.
   The second ordinance is a general noise ordinance that covers repeat violations, and residents are required to document their observations to file a complaint, Mr. Abilheira said, adding that the violators can be subject to a fine.
   "Specifically with ATVs, there was problem of people driving ATVs on other people’s property," Mr. Abilheira said.
   He said committeeman Stephen Sico is going to check to see if existing ordinances have a policy for ATV use.
   Mr. Abilheira said Mr. Sico will work with township Municipal Judge Debra Gelson to find out what residents will need to do to file a complaint, "form it properly and make it enforceable."
   "At that point, we’ll have a public information session about what information people need to put together to bring a proper complaint in front of the court," he said. "Ninety-five percent of them aren’t being annoying, but the remaining 5 percent are disrespecting their neighbors."
   Mr. Sico said at the meeting that state police do not issue summonses for ATV noise violations.
   "Those very summonses should be issued and it’s not happening," he said.
   Trooper Stan Wojtkowski of the New Jersey State Police, Hamilton Barracks, said Monday that state police do issue noise violations concerning ATVs, although it is difficult to catch violators while they are in the act of driving their ATV noisily.
   "Usually by the time we get there, they’re gone," he said. "We don’t observe them."
   Trooper Wojtkowski said troopers investigate the matter and residents can file a charge at their local municipal court.
   "We’re in the works to get ATVs for us now so we can go and track these people down," he said, adding it is difficult to catch offenders red-handed with police cars. "It’s hard for us to find these people because they’re out there in the woods."
   Sgt. Stephen Jones, a state police spokesman, said that a lot of the times the summonses issued regarding ATVs are primarily for unregistered, unlicensed vehicles being driven on the roadway.
   "ATVs are not roadway-safe vehicles," he said, adding that ATVs are impounded once they are found to be unlicensed and unregistered, and their owners have to come with proof of insurance or registration to get their vehicles back.
   In cases where ATVs are towed, Sgt. Jones said the owners have to pay the towing and storage fees.
   "Safety is our ultimate concern," he said.
   Mr. Abilheira said they have had situations where people have built fires, and constructed ramps to jump over the fires with their ATVs, and just this past weekend there was a complaint of some children riding ATVs in a cul-de-sac outside their own residential areas.
   "It’s that time of the year," he said. "Residents are starting to get frustrated."