[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 Motor Vehicle Commission for operation upon the
public highways.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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 Motor
Vehicle Commission, 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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 sport bike who is in violation of § 277-3B.
It shall be unlawful:
A.
To operate a motorized sport bike 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 sport bike or motorcycle on public or private property other than in accordance with the general regulations set forth in § 277-4.
C.
To operate a motorized sport bike 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 sport bike 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 sport bike 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 sport bike 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 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.
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 sport bike 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 sport bike 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. 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 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.
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.
