[HISTORY: Adopted by the Township Council of the Township
of Mine Hill 11-16-2006 by Ord. No. 20-06. Amendments noted where
applicable.]
The purpose of this chapter is to control and regulate off-road
motor vehicles within the Township in order to preserve the public
peace and order and protect the health, safety and welfare of the
general public of the Township.
For the purposes of this chapter, the following terms shall
have the meanings indicated:
Any two-wheeled, motor-propelled apparatus authorized to
be licensed by the State of New Jersey, Department of Motor Vehicles,
for operation upon the public highways.
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," "trail bike," 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 highways.
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.
All lands in the Township not defined as "public property"
or part of the road system.
All lands owned or leased by the Township, the County of
Morris, the State of New Jersey, the Board of Education of the Township,
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.
The operator of any motor vehicle who does not hold a special license permitting the operation of a motorcycle on the public highways or the operator of any motorized sportbike who is in violation of § 525-3B of this chapter.
[Amended 5-2-2013 by Ord. No. 08-13]
It shall be unlawful:
A.Â
For any person to operate or permit to or suffer to be operated a
motorized sportbike, as defined herein, on any public grounds or property,
including playgrounds and recreational areas. It shall be unlawful
for any person to operate or permit or suffer to be operated a motorcycle
on public grounds or property (including playgrounds and recreational
areas) except on public streets or highways as defined in N.J.S.A.
39:1-1 and public parking areas.
B.Â
To operate a motorized sportbike or motorcycle, as a licensed or
unlicensed operator, on private property other than with the written
consent of all of the owners of said property. When such written consent
has been obtained, the operator shall keep same on his or her person
for display to the authorities. The failure to present such written
consent upon request or demand shall constitute a violation hereunder.
C.Â
To operate a motorized sportbike or motorcycle other than in accordance with the general regulations set forth in § 525-4 of this chapter.
D.Â
To operate a motorized sportbike or motorcycle in such a way as to
harass or disturb farm animals, domestic livestock or wildlife or
further to destroy or damage crops, cropland, soils or vegetation.
E.Â
To operate a motorized sportbike or motorcycle without the same being
in "proper operating condition," which is defined as the presence
of all original operating equipment specified therefor by the original
manufacturer or with the same in operating condition at least equal
to the manufacturer's requirements for the proper operation thereof
or the equivalent thereof.
The following regulations shall apply to the operation of a
motorized sportbike or motorcycle operated on public or private property,
other than the property of the family of which the operator is a member
or authorized guest:
A.Â
No person operating a motorized sportbike or motorcycle shall carry
any other person, except in a place designated therefor and equipped
therefor as part of the original manufacture for said purpose, and
in no event shall a rider be carried on the handlebar thereof.
B.Â
It shall not be unlawful for any public employee or other party with
an appropriate permit to operate motor vehicles in said locations
for the purpose of maintaining, repairing or doing work upon said
lands for the public good.
C.Â
This chapter shall not be applicable to any recognized organization
which has obtained permission from the Township to use said lands
for the sole purpose of holding organized and supervised rallies,
races and/or meets.
D.Â
It shall be unlawful for any person to operate any vehicle equipped
with a muffler cutout, muffler bypass or similar device.
A.Â
Any police officer may, at his or her discretion:
(1)Â
Impound
any motorized sportbike or motorcycle operated on public or private
property alleged to be in 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.
(2)Â
Impound
any motorized sportbike or motorcycle operating on the public roadways
in violation of any then-applicable state statute or any regulation
validly promulgated by any state agency having jurisdiction.
B.Â
Said 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 said removal and storage constituting
impoundment, which cost is as set forth in this section. The Chief
of Police or his designee may authorize early release. Said expense
of impoundment shall be in addition to any other fine or penalty levied
or collected under the terms of this chapter.
A.Â
Any person violating or failing to comply with any of the provisions of this chapter shall, upon conviction thereof, be punishable by a fine of not less than $100 nor more than the maximum penalty set forth in § 1-3, General penalty, of this Code. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.[1]
B.Â
In addition to all other penalties, the violation of any provision
of this chapter shall be subject to abatement summarily by a restraining
order or injunction issued by a court of competent jurisdiction.
