[HISTORY: Adopted by the Township Council of the Township of Manchester by Ord. No. 91-138; amended in its entirety by Ord. No. 98-011 (Sec. 3-5 of the 1996 Revised General Ordinances). Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Traffic — See Ch. 7.
Streets and sidewalks — See Ch. 372.
Towing — See Ch. 396.
As used in this chapter, the following terms shall have the meanings indicated:
MOTORCYCLE
Any two-wheeled, motor-propelled apparatus licensed by the State of New Jersey Department of Motor Vehicles for operation upon the public highways.
MOTORIZED BICYCLE
A pedal bicycle having a helper motor characterized in that either the maximum piston displacement is less than 50 cc or said motor is rated at no more than 1.5 brake horsepower and said bicycle is capable of a maximum speed of no more than 25 miles per hour on a flat surface.
MOTORIZED SPORTBIKE
A. 
Any two-, three- or four-wheeled bicycle or similar apparatus motor-propelled or having a helper motor and commonly referred to, among other designations, as a "moped," "minibike," "go-cart," "all-terrain vehicle," "trailbike" or the like, which by its nature is not authorized to be licensed by the State of New Jersey Department of Motor Vehicles for use upon the public highways, notwithstanding the fact that licensing of the same in some instances may not be required for operation upon the public roadways.
B. 
A snowmobile and any similar sport vehicle which is motor propelled and traverses the terrain by means of treads, tracks or the like, all as contrasted to wheels.
PRIVATE PROPERTY
All lands in the Township of Manchester not defined as public property or part of the road system as accepted hereinbefore.
PUBLIC PROPERTY
Lands owned or leased by the Township of Manchester, the Board of Education of the Township of Manchester, or any other equivalent public body, but specifically excluding therefrom any roadways being used for public transportation and being part of the accepted road system of the Township, the County or the State of New Jersey.
UNLICENSED OPERATOR
The operator of any motor vehicle who does not hold a special license issued by the State of New Jersey Department of Motor Vehicles permitting the operation of a motorcycle on the public highways, or the operator of any motorized sportbike who is in violation of § 418-2B of this chapter. "Unlicensed operator" shall also mean the operator of any watercraft required to be licensed by federal or state regulations.
WATERCRAFT
Any boat, canoe, personal watercraft, vessel, motorized or otherwise, which is capable of transporting persons or objects over water.
It shall be unlawful to:
A. 
Operate a motor vehicle of any type, a motorized sportbike, motorcycle, motorized bicycle or watercraft, as defined herein, upon public or private property, with or without permission of the landowner, during the period of one hour after sunset or one hour before sunrise.
B. 
Operate a motorized sportbike, motorcycle, motorized bicycle or watercraft, as a licensed or unlicensed operator, on private property other than with the written consent of all of the owners of the property. When such written consent has been obtained, the operator shall keep the same on his person for display to the authorities. The failure to disclose such written consent shall constitute a violation hereunder.
C. 
Operate a motorized sportbike, motorcycle, motorized bicycle or watercraft on public or private property other than in accordance with the general regulations set forth in § 418-3 of this chapter.
D. 
Operate a motorized sportbike, motorcycle, motorized bicycle or watercraft on public or private property in such a way as to harass, worry or disturb farm animals, domestic livestock or further or destroy or damage crops or cropland.
E. 
Operate a motorized sportbike, motorcycle, motorized bicycle or watercraft on public or private property without the same being in "proper operating condition," which is hereby defined as the presence of all original operating equipment specified therefor by the original manufacturer, with the same in operating condition at least equal to the manufacturer's requirements for the proper operation thereof or the equivalent thereof.
F. 
Operate a motorized sportbike, motorcycle, motorized bicycle or watercraft on public or private property in a careless, reckless or negligent manner so as to endanger the safety or property of any person or public or private property.
The following regulations shall apply to the operation of a motorized sportbike, motorcycle, motorized bicycle or watercraft operated on public or private property, other than the property of the immediate family of which the operator is a member:
A. 
No person operating a motorized sportbike, motorcycle, motorized bicycle or watercraft shall ride without maintaining full control of such motorized sportbike, motorized bicycle, motorcycle, or watercraft or remove both hands from the handlebar.
B. 
No person operating a motorized sportbike, motorcycle, motorized bicycle or watercraft shall carry any other person, except in a place designated therefor and equipped therefor as part of the original manufacture for the purpose, and in no event shall a rider be carried on the handlebar thereof.
C. 
It shall not be unlawful for any public employee or other party with an appropriate permit to operate motor vehicles, motorized sportbikes, motorcycles, motorized bicycles or watercraft, as defined herein, in the locations for the purpose of maintaining, repairing or doing work upon the lands for the public good.
D. 
This chapter shall not be applicable to any recognized organization which has obtained permission from the Township administration to use the lands for the sole purpose of holding organized and supervised rallies, races and/or meets.
E. 
It shall be unlawful for any person to operate any vehicle equipped with a muffler cutout, muffler bypass or similar device.
Any police officer may, at his discretion:
A. 
Impound any motorized sportbike, motorcycle, motorized bicycle or watercraft operated on public or private property alleged to be a violation of this chapter, either by virtue of its operation and use contrary to the provisions of this chapter or by virtue of its operation by an unlicensed operator.
B. 
Impound any motorized sportbike, motorcycle, motorized bicycle or watercraft operating on the public roadways or waterways in violation of any then-applicable state statute or any regulation validly promulgated by any state agency having jurisdiction. The period of impoundment shall be from the date of the alleged violation until the disposition of the alleged offense by such court of competent jurisdiction as shall hear the same, and the owner thereof shall pay the reasonable cost of the removal and storage constituting impoundment, as outlined in Chapter 396, Towing, § 396-8, Fees, for Class 1 and 2 vehicles. The Director of Public Safety or his designee may authorize early release. The expense of impoundment shall be in addition to any other fine or penalty levied or collected under the terms of this chapter.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
Any person, partnership, corporation or other entity who violates any provision of this chapter shall be subject to one or more of the following penalties: no more than $1,000 or imprisonment not exceeding 90 days or a period of community services not exceeding 90 days. In the event that the statutes of the state are amended to provide greater penalties, this section may be construed to authorize and permit the imposition of the maximum fine, imprisonment or community service. The purpose of this penalty clause is to provide the maximum penalty permitted by law.