[HISTORY: Adopted by the Mayor and Council of the Borough of Emerson 7-16-2002 by Ord. No. 1208. 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.
As used in this chapter, the following terms shall have the meanings indicated:
- Any two-wheeled, motor-propelled apparatus licensed by the State of New Jersey, Department of Motor Vehicles, for operation upon the public highways.
- A. 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.
- B. 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.
- PRIVATE PROPERTY
- All lands in the Borough not defined as public property or part of the road system.
- PUBLIC PROPERTY
- 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.
It shall be unlawful:
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.
To operate a motorized sportbike or motorcycle on public or private property other than in accordance with the general regulations set forth in § 277-4.
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.
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.
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:
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.
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.
This chapter 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.
It shall be unlawful for any person to operate any vehicle equipped with a muffler cutout, muffler bypass or similar device.
Any police officer may, at his or her discretion:
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.
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.
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. 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.
Any person violating or failing to comply with any of the provisions of this chapter shall, upon conviction thereof, be punishable by a fine of 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.
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.