Increased use of motorized sport bikes throughout the Township,
without any regard for the rights of the property owners whose property
is used for the operation of these motorized sport bikes, without
the permission of said landowners, and without regard for the noise
emanating from said motorbikes, and the dirt and dust raised up into
the air by the operation of these motorized sport bikes, has increased
to such a degree that these motorized sport bikes are not only hazardous
and detrimental to property owners and residents but also to those
who operate them with no regard for their own safety or the safety
of others.
As used in this chapter, the following terms shall have the
meanings indicated:
MOTORIZED SPORT BIKE
Any two-, three- or four-wheeled bicycle 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, minibikes, go-carts,
all-terrain vehicles (ATV), 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.
PRIVATE PROPERTY
All lands and buildings in the Township of Vernon not included
in the definition of "public property" or part of the public road
system.
PUBLIC PROPERTY
Lands and buildings owned or leased by the Township of Vernon,
the Vernon Township Board of Education, the County of Sussex, or the
State of New Jersey or any other equivalent public body. This definition
specifically excludes any public roadways owned or maintained by any
of the aforementioned public entities.
[Amended 8-9-2004 by Ord.
No. 04-24; 6-13-2005 by Ord. No. 05-17]
In addition to the impoundment penalties set forth in §
542-5 of this chapter, for any conviction of or plea of guilty to a violation of the terms of §
542-3, Unlawful acts, and/or §
542-4, Operation of motorized sport bikes, of this chapter, the offender shall be liable for a penalty of not less than $100 nor more than $1,250 and may be sentenced to a period of community service not to exceed 90 days for the first offense. For a second offense which occurs within one year of a plea of guilty or a conviction for a prior offense, the offender shall be liable for a penalty of not less than $100 nor more than $1,250, may be sentenced to a period of imprisonment not to exceed 90 days and shall be sentenced to a period of community service of not less than 10 days nor more than 90 days. For a third offense and for each subsequent offense which occurs within one year of a plea of guilty or a conviction for a prior offense, the offender shall be liable for a penalty of not less than $100 nor more than $1,250, shall be sentenced to a period of imprisonment not to exceed 90 days and shall be sentenced to a period of community service of not less than 30 days nor more than 90 days.