N.J. Admin. Code § 7:2-1.7 - Definitions

Current through Register Vol. 54, No. 7, April 4, 2022

The following words and terms, when used in this chapter, shall have the following meaning unless the context clearly indicates otherwise.

"ATV" means a motor vehicle, registered with the New Jersey Motor Vehicle Commission or not registered, designed to travel over any terrain, which is of a type possessing between three to six rubber tires, but shall not include golf carts.

"Bicycle" means a device upon which any person may ride propelled by human power through a belt, chain or gears.

"Boat" means an open or closed vessel or water craft propelled by human power by oars, rowing, paddling or pedaling.

"Camper" means any person in possession of a valid camping permit making use of any State Park Service camping or overnight facility.

"Camping" means the temporary placing of a tent, shelter, lean-to, sleeping bag, bedding material, or recreational mobile camping units of any type, on State Park Service property for sleeping overnight in an outdoor setting.

"Camping facility" means any facility designated by the State Park Service as a camping facility, including family campsites, wilderness campsites, group campsites, and primitive campsites.

"Closed" means a complete prohibition of access except by authorized personnel.

"Closed season" means the time during the year when fish, game, birds, or other animals, may not be captured, taken, killed or had in possession.

"Commissioner" means the Commissioner of the Department of Environmental Protection.

"Designated swimming area" means any swimming pool, wading pool or the area of a natural or artificially constructed pond, lake, stream, river, bay, tidal waters, ocean or other body of fresh or salt water, which is designated, developed, maintained and operated by the State Park Service for swimming purposes together with buildings, equipment, and appurtenances, if any, and the land area used in connection therewith.

"Department" means the Department of Environmental Protection.

"Division" means the Division of Parks and Forestry.

"Facilities" means any one or the combination of all State Park Service resources designed or utilized or preserved for conservation, recreation, and environmental purposes.

"Family" means a group of related persons living in one household.

"Fire" means the phenomenon of combustion manifested in light, flame and heat.

"Initial active duty training" means basic military training, for members of the New Jersey Air National Guard, and basic combat training and advanced individual training, for members of the New Jersey Army National Guard.

"Law enforcement personnel" means a State Park Police Officer, State Park Police Sergeant, State Park Police Lieutenant or other State Park Service personnel vested with law enforcement authority and empowered to warn, cite and/or arrest.

"Mobile sport fishing vehicle" means a two-axle, four-wheel drive passenger motor vehicle, having tires no larger than 40 inches in overall diameter, designed to be licensed and operated on the public roadways and highways of the State and capable of four-wheel drive operation when off the public roads on the beach. ATVs and trailers-in-tow are specifically excluded from this definition.

"Motor vehicle" means any vehicle propelled other than by muscular power, except motorized bicycles, motorized scooters, and vehicles that run only upon rails or tracks.

"Motorized bicycle" means a pedal bicycle having a helper motor characterized in that either the maximum piston displacement is less than 50 cubic centimeters (cc), or said motor is rated at no more than 1.5 brake horsepower or is powered by an electric drive motor and said bicycle is capable of a maximum speed of no more than 25 miles per hour on a flat surface.

"Motorized scooter" means a miniature vehicle propelled other than by muscular power and includes, but is not limited to, pocket bikes, super pocket bikes, scooters, mini-scooters, sport scooters, mini choppers, mini motorcycles, motorized skateboards, and other vehicles with motors not manufactured in compliance with Federal Motor Vehicle Safety Standards and which have no permanent Federal Safety Certification stickers affixed to the vehicle by the original manufacturer. This term shall not include electric personal assistive mobility devices, motorized bicycles, or low-speed vehicles, or motorized wheelchairs, mobility scooters, or similar mobility assisting devices used by persons with physical disabilities or persons whose ambulatory mobility has been impaired by age or illness.

"Motorized skateboard" means a skateboard that is propelled otherwise than by muscular power.

"Off-road vehicle" means any motorized vehicle with two or more wheels or tracks that is capable of being operated off of improved and maintained roads including, but not limited to, motorcycles as defined at 39:1-1 et seq., Motor Vehicles and Traffic Regulation, snowmobiles, and all-terrain vehicles, and dirt bikes as defined at 13:1L-1 et seq., Acquisition, Construction and Management of State Parks and Forests. A motorcycle that is registered, insured, authorized under 39:3-1 et seq. to operate on public roadways in the State, and ridden by a licensed operator is not included in this definition.

"Open fire" means any fire built for cooking or recreational purposes on State Park Service property, outside the confines of a structure, or vehicle, which cannot be immediately shut off.

"Open season" means the time during the year when fish, game, birds, or other animals may be captured, taken, killed or had in possession.

"Overnight facilities" means any permanent cabin, shelter, lean-to, lodge or other State Park Service building or structure designated by the State Park Service for overnight use by the general public.

"Oversized vehicle" means a single vehicle or combination of vehicles and trailers that will not fit into a 10 feet x 20 feet parking space. This includes, for example, recreational camping vehicles, and vehicles towing trailers or other vehicles.

"Permission" means the written or verbal authority to engage in a use given by a person lawfully designated by the Director to grant such authority.

"Permit" means a properly executed document approved by the State Park Service authorizing a specific activity including, but not limited to, a special use permit and camping permit.

"Person" means any corporation, company, club, firm, association, society, partnership, joint stock company, governmental agency as well as an individual.

"Pet" means any mammal, bird, reptile or amphibian, kept for pleasure, not for utility. "Pet" does not include a service animal.

"Power boats" means a vessel or water craft of any type temporarily or permanently equipped with a motor.

"Public use" means a use or right of use available to the general public or some portion thereof for conservation and recreation purposes.

"Sailboat" means any boat whose main source of propulsion is the natural elements (wind).

"Service animal" means a guide dog, signal dog or other animal individually trained to provide assistance to an individual with a disability.

"Signs" means any object, device, display or structure, or part thereof, situated outdoors or indoors, which is used to advertise, identify, instruct, display, direct, or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, figures, designs, symbols, fixtures, colors, illumination, or projected images.

"Snowmobile" means any motor vehicle designed primarily to travel over ice or snow, or a motor vehicle which uses sled-type runners, skis, an endless belt, treads, cleats, or any combination of those or other similar means of contact with the surface upon which it is operated, but does not include any farm tractor, highway or other construction equipment or any military vehicle.

"Special event" means an organized race, exhibition, demonstration or activity of limited duration, which is conducted according to an approved prearranged schedule, and which may be subject to a permit.

"State" means the State of New Jersey.

"State Park" means all State owned or leased lands, waters and facilities administered by the State Park Service including but not limited to, parks, forests, recreational areas, natural areas, marinas, golf courses, botanical gardens, and historic sites, but not including wildlife management areas or reservoir lands.

"State Park Service" means the agency within the Division of Parks and Forestry responsible for planning, designing, developing, operating, and managing State Parks for public recreation, conservation and interpretation.

"Superintendent" means the supervisory official who directs the administration, operation, safety, maintenance and development of a State park, forest, recreation area, historic site, natural area, marina, golf course, botanical garden, and other land, water and facility under the jurisdiction of the Department of Environmental Protection and assigned to the State Park Service.

"Veteran" means any resident of the State of New Jersey who has been honorably discharged or released under honorable circumstances from active service in any branch of the armed forces of the United States, or any honorably discharged member of the American Merchant Marine who served during World War II and is declared by the United States Department of Defense to be eligible for Federal veterans' benefits.

"Veterans' organization" means the American Legion, Veterans of Foreign Wars, or other veterans' organizations chartered under Federal law, or any service foundation of such an organization recognized in its bylaws.

"Vessel" means a boat or powerboat or personal watercraft, other than a seaplane, used or capable of being used on the water.

"Visitor" means any person entering with permission upon State-owned property or a facility administered by the State Park Service. This definition shall not include an employee or volunteer in the course of his or her duties, or a camper.

"Waters" means all waters within the jurisdiction of the State Park Service, both tidal and non-tidal, and the marginal sea adjacent to State Park Service property.

"Yurt" means a circular tent built on a wood frame, with wood floors, a deck and a skylight.

Notes

N.J. Admin. Code § 7:2-1.7
Amended by R.2007 d.155, effective 5/7/2007.
See: 38 N.J.R. 4779(a), 39 N.J.R. 1701(a).
Rewrote definitions "ATV", "Family" and "Permit"; in definition "Bicycle", deleted ", and having either two or three wheels in a tandem or tricycle arrangement" from the end; in definition "Boat", substituted "an open or closed" for "a small open"; added definitions "Camper", "Camping facility", "Law enforcement personnel", "Pet", "Service animal", "Superintendent", "Visitor" and "Yurt"; substituted definition "Designated swimming area" for definition "Designated bathing area"; in definition "Designated swimming area", deleted "bathing and" preceding "swimming purposes"; in definition "Facilities", substituted "any one or the" for "the" and inserted "or preserved"; substituted definition "Motorized bicycle" for definition "Motorized bicycles" and rewrote the definition; deleted definition "Officer-in-charge"; in definition "Sailboat", substituted "main" for "sole"; substituted definition "Special event" for definition "Special event (motor vehicle)" and rewrote the definition; and in definition "Vessel", inserted "powerboat or personal" and deleted "as a means of transportation" following "being used".
Amended by R.2014 d.031, effective 2/18/2014.
See: 44 N.J.R. 1935(a), 44 N.J.R. 2269(a), 45 N.J.R. 1937(a), 46 N.J.R. 335(b).
Added definitions "Initial active duty training", "Motorized scooter", "Motorized skateboard", "Off-road vehicle", "Oversized vehicle", "Veteran" and "Veterans' organization"; and rewrote definitions "Law enforcement personnel", "Mobile sport fishing vehicle", "Motor vehicle" and "Motorized bicycle".

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