[HISTORY: Derived from Section 4-8 of the 1972 Revised General Ordinances,
as amended through 10-1-1998. Subsequent amendments noted where applicable.]
Increased use of motorized sport bikes throughout the township, without
any regard for the rights of the property owners whose property is used for
the operation of these motorized sport bikes, without the permission of said
landowners and without regard for the noise emanating from said motorbikes
and the dirt and dust raised up into the air by the operation of these motorized
sport bikes, has increased to such a degree that these motorized sport bikes
are not only hazardous and detrimental to property owners and residents but
also to those who operate them with no regard for their own safety or the
safety of others.
As used in this chapter, the following terms shall have the meanings
indicated:
Any two-, three- or four-wheeled bicycle that is motor propelled
or contains a motor to assist the operation of said vehicle and which vehicles
are commonly referred to as dirt bikes, minibikes, go-carts, all-terrain vehicles
(ATV's), dune buggies and trail bikes, which vehicles by their nature and
design are not intended to be used and operated along paved roads and highways
but are intended rather to be operated in dirt, sand, up and down hills, along
trails and in similar type areas.
All lands and buildings in the Township of Hardyston not included
in the definition of "public property" or part of the public road system.
Lands and buildings owned or leased by the Township of Hardyston,
the Hardyston Township Board of Education, the County of Sussex or the State
of New Jersey or any other equivalent public body. This definition specifically
excludes any public roadways owned or maintained by any of the aforementioned
public entities.
It shall be unlawful:
A.
To operate a motorized sport bike upon public property
at any time.
B.
To operate a motorized sport bike on private property,
other than that private property owned by the family of the operator, without
the written consent of all of the owners of the private property.
C.
To operate a motorized sport bike during the period of
one hour after sunset until four hours after sunrise.
D.
To operate a motorized sport bike, that either cannot
be registered with the Director of the Division of Motor Vehicles or is not
registered with the Director of the Division of Motor Vehicles, upon any public
street, roadway, highway or within the boundaries of the public right-of-way
within the Township of Hardyston.
E.
To operate a motorized sport bike that causes noises
that are disturbing and bothersome to adjoining property owners.
F.
To operate a motorized sport bike so as to cause it to
propel sand, dirt, dust, rocks, gravel or other similar materials into the
air so as to be likely to injure persons and/or damage property.
G.
To operate a motorized sport bike on public or private
property in such a way as to harass, worry or disturb farm animals, domestic
livestock or wildlife or further to destroy or damage crops or farm produce.
H.
To operate a motorized sport bike without the motorized
sport bike containing a muffler or other similar device to reduce the sound
coming from the engine of the vehicle.
I.
To operate a motorized sport bike without the original
or replacement fenders so as to keep objects upon the ground from being propelled
into the air.
J.
To operate a motorized sport bike near any public roadway
so that the operation of said motorized bike would cause operators of automobiles,
motorcycles or trucks to have to take evasive or irregular action to move
away from said motorized sport bike.
K.
To operate a motorized sport bike without the motorized
sport bike being in proper operating condition, which means that all of the
original operating equipment specified by the original manufacturer must be
present on the bike or replacement equipment equal to the specifications of
the original manufacturer's equipment are present and in operating condition
at least equal to the manufacturer's requirements for the proper operation
thereof.
L.
To operate a motorized sport bike on any private street
or right-of-way within the Township of Hardyston without the written permission
of the owner of the private street or right-of-way.
M.
To operate a motorized sport bike in a careless, reckless
or negligent manner which endangers the safety of any person, including the
operator himself, or the property of any person.
N.
To operate a motorized sport bike while under the influence
of liquor or drugs in accordance with the requirements of N.J.S.A. 39:4-50.
O.
[1]To operate a snowmobile within the township under the following
circumstances:
(1)
On any private street or right-of-way.
(2)
On public grounds within the township without the express
written permission or approval of the public authority having charge or control
thereof and then only in accordance with such rules and regulations as such
public authority may impose.
(3)
In such manner as to create loud, unnecessary or unusual
noise so as to disturb or interfere with the peace and quiet or health of
other persons.
(4)
In a careless, reckless or negligent manner so as to
endanger or be likely to endanger the safety of any person or persons or the
property of any person or persons.
A.
The operator of a motorized sport bike shall wear a helmet
upon his head and goggles or face shields over his face.
B.
No person operating a motorized sport bike or motorcycle
shall engage in trick riding or ride without maintaining full control of the
motorized sport bike or remove both hands from the handlebar.
C.
No person operating a motorized sport bike shall carry
any other person on it except in a place designated for such purpose and equipped
for such purpose as part of the original manufacture for said purpose.
B.
The period of impoundment for the motorized sport bike
shall be from the date of the alleged violation until the disposition of the
alleged offense by the Township of Hardyston Municipal Court or other court
of competent jurisdiction. The owner and operator shall be responsible to
pay the reasonable cost of the removal of the motorized sport bike and for
the storage constituting the impoundment, which costs are to be set by the
towing agency under contract to the township. All towing and impoundment fees
are to be paid by the offender directly to the township agency. The expense
of removal and storage shall be in addition to any other fine or penalty levied
or collected under the terms of this chapter.
