[HISTORY: Adopted by the Borough Council of the Borough of Carteret
11-15-1982 as Ord. No. 82-22. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meaning
indicated:
Any two-wheeled motor-propelled apparatus 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 "moped," "mini-bike," "go-cart," "all-terrain vehicle (ATV)," "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.
Snowmobiles 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 Borough of Carteret not defined as "public property"
or part of road system defined as an exception in the definition of "public
property" set forth herein.
Lands owned or leased by the Borough of Carteret, County of Middlesex
and State of New Jersey, Borough of Carteret Board of Education or any other
equivalent public body, but specifically excluding from said definition any
roadways used for public transportation and being part of the accepted road
systems of the State of New Jersey Department of Transportation, Borough of
Carteret or the County of Middlesex.
The operator of any motorcycle 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 § 258-2B of this chapter.
A.
To operate a motorized sportbike or motorcycle upon public
or private property during the period of one (1) hour after sunset to one
(1) hour before sunrise, but the within prohibition shall not be applicable
to:
B.
For a motorized sportbike to be operated on public or
private property other than the property of the family of which the operator
is a residing member by any operator under the age of seventeen (17) years.
C.
To operate a motorized sportbike or motorcycle on public
or private property other than with the written consent of all of the owners
of the property.
D.
To operate a motorized sportbike or motorcycle on public or private property other than in accordance with the general regulations set forth in § 258-3 of this chapter.
E.
To operate a motorized sportbike or motorcycle 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
cropland.
F.
To operate a motorized sportbike or motorcycle on public
or private property without the same being in properly 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.
G.
For an unlicensed operator to operate a motorcycle on
public or private property other than the property of the family of which
the operator is a residing member.
The following regulations shall apply to the operation of a motorized
sportbike or motorcycle operated on public or private property other than
on the property of the family of which the operator is a member:
A.
The operator of a motorized sportbike or motorcycle shall
wear a helmet, together with goggles or face shields, such as are approved
therefor by the State of New Jersey Department of Transportation.
B.
No person operating a motorized sportbike or motorcycle
shall engage in fancy or trick riding or ride without maintaining full control
of such motorized sportbike or motorcycle or remove both hands from the handlebar.
C.
No person operating a motorized sportbike or motorcycle
shall carry any other person thereon except in a place designated therefor
and equipped therefor as part of original manufacture for said purpose, and
in no event shall a rider be carried on the handlebar thereof.
It shall be the duty of any police officer to:
A.
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 or by virtue of its operation by
an unlicensed operator.
B.
Impound any motorized sportbike or motorcycle operating
on the public roadways in violation of any then-applicable state statutes
or any regulation validly promulgated by any state agency having jurisdiction.
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 is hereby deemed
to be three dollars ($3.) per day, which charge for impoundment shall in no
event exceed thirty (30) consecutive calendar days, provided that the operator
shall be deemed guilty of the alleged offense. Said expense of impoundment
shall be in addition to any other fine or penalty levied or collected under
the terms of this chapter.
A.
Any person who shall own an off-road vehicle as defined
herein and who intends to use the same or to permit the same to be used within
the Borough of Carteret shall, prior to such operation, register such vehicle
with the Carteret Police Department. A person wishing to register an off-road
vehicle shall complete an application, the form of which may be established
by the Police Department, within which application should be included but
not limited to the following information: the name and address of the registrant
and the make, type, model, year, color, horsepower and serial number of the
vehicle being registered.
B.
In the case of a registrant under eighteen (18) years
of age, a letter from his or her parent or guardian must accompany the application,
having said parent or guardian's name and address, his consent to the registration
and his agreement of responsibility for the operation of said vehicle according
to the terms of this chapter.
C.
Each registrant shall pay a fee of three dollars ($3.),
which shall be used to defray the costs of registration. The registrant shall
be given a copy of this chapter, and, in the case of registrants under eighteen
(18), a copy shall be sent to the parent or guardian who has signed the consent
letter described.
D.
The initial registration period shall commence November
1, 1982, and it is intended that all owners shall have registered their vehicles
and complied with this chapter not later than December 1, 1982. Subsequent
to December 1, 1982, individuals acquiring such vehicles shall have ten (10)
days for the effective date of such acquisition within which to register said
vehicles.
E.
In the event that an owner sells or otherwise disposes
of a registered vehicle and obtains another vehicle, he may transfer his registration
to the replacement vehicle for a transfer fee of three dollars ($3.). If not
transferred, he should cancel the registration in person.
For any violation of this chapter, the offender shall be liable for
a penalty of not more than one hundred dollars ($100.).
