[HISTORY: Adopted by the Mayor and Council of the Borough of Old
Tappan 7-10-2000 by Ord. No. 717-00. Amendments noted where applicable.]
The purpose of this chapter is to control and regulate off-road motor
vehicles within the borough in order to preserve the public peace and order
and protect the health, safety and welfare of the general public of the borough.
For the purpose of this chapter:
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 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 borough not defined as public property or part of
the road system.
Lands owned or leased by the borough, the County of Bergen, the State
of New Jersey, the Board of Education of the borough, 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
borough, 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 § 245-3B of this chapter.
It shall be unlawful:
A.
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 the same on his person for display
to the authorities. The failure to present such written consent upon request
or demand shall constitute a violation hereunder.
B.
To operate a motorized sportbike or motorcycle on public or private property other than in accordance with the general regulations set forth in § 245-4 of this chapter.
C.
To operate a motorized sportbike or motorcycle on public
or private property 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.
D.
To operate a motorized sportbike or motorcycle 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 or with the same in operating
condition at least equal to the manufacturer's requirements for the proper
operation thereof or the equivalent thereof.
E.
To operate a motorized sportbike or motorcycle 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, or in violation of the provisions of Chapter 170, Noise, of the Code of the Borough of Old Tappan.
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:
A.
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.
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.
This section shall not be applicable to any recognized
organization which has obtained permission from the borough to use said lands
for the sole purpose of holding organized and supervised rallies, races and/or
meets.
D.
It shall be unlawful for any person to operate
any vehicle equipped with a muffler cutout, muffler bypass or similar device.
A.
Any police officer may, at his or her discretion:
(1)
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)
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.
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 § 227-5 of Chapter 227, Towing, hereof. 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.
Any person violating or failing to comply with any of
the provisions of this chapter shall, upon conviction thereof, be punishable
by a fine or not less than $100 nor more than $1,000, by imprisonment for
a term not to exceed 90 days or by community service of not more than 90 days,
or any combination of fine, imprisonment and community service as determined
in the discretion of the Municipal Court Judge. 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.
B.
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.