[HISTORY: Adopted by the Township Council of the Township of River
Vale 10-11-2001 by Ord. No. 0-12-01 (Ch.
6A of the 1967 Code). Amendments noted where applicable.]
The purpose of this chapter is to control and regulate motorcycles,
dirt bikes, snowmobiles, and all-terrain vehicles, as defined in N.J.S.A.
39:1-1 et seq. and N.J.S.A. 39:3C-1 et seq., in order to preserve the public
peace and order and protect the health, safety and welfare of the general
public of the Township of River Vale.
A.
Whenever any words and phrases are used in this chapter,
the meaning respectively ascribed to them in N.J.S.A. 39:1-1 shall be deemed
to apply to such words and phrases used herein.
B.
ALL-TERRAIN VEHICLE
MOTORCYCLE
PUBLIC HIGHWAY
PUBLIC LANDS
SNOWMOBILE
As used in this chapter, the following terms shall have
the meanings indicated:
A motor-operated vehicle, designed to travel over any terrain, of
a type possessing between three and six rubber tires, but shall not include
golf carts.
Includes motorcycles, motor bikes, bicycles with motor attached and
all motor-operated vehicles of the bicycle- or tricycle-type.
The entire width between the boundary lines of every way publicly
maintained when any part thereof is open to the use of the public for purposes
of vehicular travel.
Any and all real property which is owned or controlled by a governmental
entity, including conservation areas, utility easements and drainage easements.
Any motor-operated vehicle, designed primarily to travel over ice
or snow, of a type which uses sled-type runners, skis, an endless belt tread,
cleats or any combination of these or other similar means of contact with
the surface upon which it is operated, but does not include any farm tractor,
highway or other construction equipment, or any military vehicle.
A.
Public lands.
(1)
It shall be unlawful for any person to operate or permit
to be operated a dirt bike or an all-terrain vehicle, as defined herein, on
any public grounds or property, including playgrounds and recreational areas.
(2)
It shall be unlawful for any person to operate or permit
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.
Limited access highways. No person shall operate an all-terrain
vehicle upon limited access highways or within the right-of-way limits thereof.
C.
Public streets or highways. No person shall operate an
all-terrain vehicle upon the main traveled portion of any public street or
highway or within the right-of-way limits thereof except as follows:
(1)
Properly registered all-terrain vehicles may cross, as
directly as possible, public streets or highways, except limited access highways,
provided that such crossing can be made in safety and that it does not interfere
with the free movement of vehicular traffic approaching from either direction
of such public street or highway. Prior to making any such crossing, the operator
shall bring the all-terrain vehicle to a complete stop. It shall be the responsibility
of the operator of the all-terrain vehicle to yield the right-of-way to all
vehicular traffic upon any public street or highway before crossing the same.
(2)
Wherever it is impracticable to gain immediate access
to an area adjacent to a public highway where an all-terrain vehicle is to
be operated, it may be operated adjacent and parallel to such public highway
for the purpose of gaining access to the area of operation. This subsection
shall apply to the operation of an all-terrain vehicle from the point where
it is unloaded from a motorized conveyance to the area where it is to be operated
or from the area where operated to a motorized conveyance when such loading
or unloading cannot be effected in the immediate vicinity to the area of operation
without causing a hazard to vehicular traffic approaching from either direction
on said public highway. Such loading or unloading must be accomplished with
due regard to safety, at the nearest possible point to the area of operation.
D.
Written consent. No person shall operate a motorcycle
or all-terrain vehicle on the property of another without receiving the consent
of the owner of the property or the person who has a contractual right to
the use of such property. No person shall continue to operate a motorcycle
or all-terrain vehicle on the property of another after consent has been withdrawn.
The consent as required herein shall be by the written consent of the owner
of the property or the person who has contractual right to the use of such
property and must be in the possession of the operator during the period of
operation for which the consent has been granted.
E.
Harsh, objectionable or unreasonable noise. It shall
be unlawful for any person to operate or permit to be operated a motorcycle
or all-terrain vehicle in such manner as to cause a harsh, objectionable or
unreasonable noise so as to disturb or interfere with the peace and quiet
of other persons.[1]
F.
Careless, reckless or negligent operation. It shall be
unlawful for any person to operate or permit to be operated a motorcycle or
all-terrain vehicle in a careless, reckless or negligent manner so as to endanger
the safety or property of any person.
G.
Protective helmets. It shall be unlawful for any person
to operate or to permit to be operated, or to ride as a passenger on, any
motorcycle or all-terrain vehicle without wearing a protective helmet approved
by the Director of the Division of Motor Vehicles in the Department of Law
and Public Safety of the State of New Jersey. Any such helmet shall be of
a type acceptable for use in conjunction with motorcycles as provided in N.J.S.A.
39:3-76.7 through N.J.S.A. 39:3-76.10.
H.
Headlights, taillights, brakes and mufflers. It shall
be unlawful for any person to operate or permit to be operated a motorcycle
or all-terrain vehicle that is not equipped with working headlights, taillights,
brakes and proper mufflers as supplied by the motor manufacturer for the particular
model without modifications.
I.
Pursuit of wildlife. It shall be unlawful for any person
to operate or permit to be operated a motorcycle or all-terrain vehicle at
any time and in any manner intended or reasonably to be expected to harass,
drive or pursue any wildlife.
J.
Lighted headlights and taillights. It shall be unlawful
for any person to operate or permit to be operated a motorcycle or all-terrain
vehicle without lighted headlights and lighted taillights.
K.
Railroads. It shall be unlawful for any person to operate
or permit to be operated a motorcycle or all-terrain vehicle upon railroad
or right-of-way of an operating railroad, except railroad personnel in the
performance of their duties.
L.
Rules and regulations. It shall be unlawful for any person
to violate any provision of this chapter or any rule or regulation adopted
pursuant to this chapter.
A.
A person under the age of 14 years shall not operate
or be permitted to operate any snowmobile or all-terrain vehicle on public
lands or waters or across a public highway.
B.
A person less than 16 years of age shall not operate
on public lands or waters or across a public highway of this state an all-terrain
vehicle with an engine capacity greater than 90 cubic centimeters.
C.
A person less than 18 years of age shall not operate
an all-terrain vehicle registered in this state on public lands or waters
or across a public highway of this state unless the person has completed an
all-terrain vehicle safety education and training course established or certified
by the Director pursuant to N.J.S.A. 39:3C-15. At all times during the operation
of the all-terrain vehicle the person shall have in his possession a certificate
indicating successful completion of the course.
A.
No person shall operate or permit to be operated an all-terrain
vehicle unless the owner has obtained a policy of insurance from a carrier
authorized to do business in this state. Each policy shall contain minimum
policy limits of $15,000, exclusive of interest and costs, for the death or
injury of one person in any one accident and limits of $30,000, exclusive
of interest and costs, on account of injury to or death of more than one person
in any one accident.
B.
Proof of insurance shall be produced and displayed by
the owner or operator of an all-terrain vehicle upon the request of any law
enforcement officer.
All provisions of this chapter shall be applicable to the operation
of snowmobiles within the Township of River Vale.
A.
Any person who shall violate any provisions of this chapter
or any rule or regulation promulgated pursuant to this chapter shall be punished
by a fine of not less than $100 nor more than $200 for a first offense. For
a second or subsequent violation of this section, a fine of not less than
$200 nor more than $500 shall be imposed.
B.
A separate offense shall be deemed committed on each
day during or on which a violation occurs or continues.
