[HISTORY: Adopted by the Mayor and Council of the Borough
of Franklin Lakes 7-20-2021 by Ord. No. 1842. Amendments noted where
applicable.]
The following terms used herein shall be defined thusly:
Any two-, three- or four-wheeled bicycle, vehicle or conveyance
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, scooters, 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. "Motorized sport bike"
shall also include snowmobiles.
All lands and buildings in the Borough not included in the
definition of "public property" or part of the public road system.
Lands and buildings owned or leased by the Borough, the Franklin
Lakes Board of Education, the County of Bergen or the State of New
Jersey. "Public property" shall also include any parks, ballparks,
recreation areas, lake areas, Borough-owned streets, easements and
sidewalks or areas dedicated or commonly used for vehicular or pedestrian
traffic, Borough storage facilities, Borough garage area, Board of
Education properties and any and all other Borough-owned and publicly
owned lands and premises.
It shall be unlawful to operate any type of motorized sport
bike under the following circumstances:
A.
To operate a motorized sport bike upon public property at any time
unless permitted hereinbelow.
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 within 25 feet of the property
line of an adjacent property owner.
D.
To operate a motorized sport bike during the period of one hour after
sunset, until four hours after sunrise.
E.
To operate a motorized sport bike upon any public street, roadway,
highway or within the boundaries of the public right-of-way within
the Borough, unless permitted by the licensure and registration requirements
of N.J.S.A. 39:3C-1, et seq., administered by the Division of Motor
Vehicles.
F.
To operate a motorized sport bike that causes noise so as to disturb
or interfere with the peace and quiet of other persons. Such noise
shall, for purposes hereof, be defined as such noise that exceeds
65 decibels when measured at or within the real property line of the
complainant.
G.
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.
H.
To operate a motorized sport bike on public or private property in
such a way as to harass or disturb domestic animals or wildlife.
I.
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.
J.
To operate a motorized sport bike without fenders so as to keep objects
upon the ground from being propelled into the air.
K.
To operate a motorized sport bike on any private street or right-of-way
within the Borough without the written permission of the owner of
the private street or right-of-way.
L.
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.
M.
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.
N.
To clean, maintain, repair or operate a motorized sport bike in the
driveway of any residential property, or any portion of private property,
for more than 15 minutes in any hour, no more than two times per day
for a total of 30 minutes, unless sound levels are at or below 65
decibels when measured at or within the real property line of the
complainant.
O.
In any manner that fails to conform with the licensing and operational
requirements of N.J.S.A. 39:3C-1, et seq., upon its effective date,
which requires motorized sport bikes to be licensed and registered
in accordance therewith.
This chapter shall not apply to:
A.
Police and emergency vehicles;
B.
Farm or lawn maintenance vehicles specifically being used for farming
activities, yard work and/or snow removal;
C.
Motorized sport bikes engaged in government or emergency functions,
including but not limited to utility repair, search and rescue operations,
firefighting or vehicles engaged in scientific research in otherwise
inaccessible areas;
D.
Motorized sport bikes in transit to or from public roadways or when
being loaded or unloading from their transport vehicles;
E.
Lawn mowers, tractors, lawn, garden or similar equipment for residential
use;
F.
Safety training by a certified instructor under the Motorcycle Safety
Foundation (MSF) or another sanctioned curriculum and with written,
permitted approval from the Borough; or
G.
Any other vehicle exempt from the licensing and operational requirements
of N.J.S.A. 39:3C-1, et seq..
