As used in this chapter, the following terms
shall have the meanings indicated:
MOTORCYCLE
Any two-wheeled, motor-propelled apparatus licensed by the
State of New Jersey Department of Motor Vehicles for operation upon
the public highways.
MOTORIZED BICYCLE
A pedal bicycle having a helper motor characterized in that
either the maximum piston displacement is less than 50 cc or said
motor is rated at no more than 1.5 brake horsepower and said bicycle
is capable of a maximum speed of no more than 25 miles per hour on
a flat surface.
MOTORIZED SPORTBIKE
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," "trailbike" 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 roadways.
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 Township of Manchester not defined as public
property or part of the road system as accepted hereinbefore.
PUBLIC PROPERTY
Lands owned or leased by the Township of Manchester, the
Board of Education of the Township of Manchester, 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 Township, the County or the State of New Jersey.
UNLICENSED OPERATOR
The operator of any motor vehicle who does not hold a special license issued by the State of New Jersey Department of Motor Vehicles permitting the operation of a motorcycle on the public highways, or the operator of any motorized sportbike who is in violation of §
418-2B of this chapter. "Unlicensed operator" shall also mean the operator of any watercraft required to be licensed by federal or state regulations.
WATERCRAFT
Any boat, canoe, personal watercraft, vessel, motorized or
otherwise, which is capable of transporting persons or objects over
water.
The following regulations shall apply to the
operation of a motorized sportbike, motorcycle, motorized bicycle
or watercraft operated on public or private property, other than the
property of the immediate family of which the operator is a member:
A. No person operating a motorized sportbike, motorcycle,
motorized bicycle or watercraft shall ride without maintaining full
control of such motorized sportbike, motorized bicycle, motorcycle,
or watercraft or remove both hands from the handlebar.
B. No person operating a motorized sportbike, motorcycle,
motorized bicycle or watercraft shall carry any other person, except
in a place designated therefor and equipped therefor as part of the
original manufacture for the purpose, and in no event shall a rider
be carried on the handlebar thereof.
C. It shall not be unlawful for any public employee or
other party with an appropriate permit to operate motor vehicles,
motorized sportbikes, motorcycles, motorized bicycles or watercraft,
as defined herein, in the locations for the purpose of maintaining,
repairing or doing work upon the lands for the public good.
D. This chapter shall not be applicable to any recognized
organization which has obtained permission from the Township administration
to use the lands for the sole purpose of holding organized and supervised
rallies, races and/or meets.
E. 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 discretion:
A. Impound any motorized sportbike, motorcycle, motorized
bicycle or watercraft operated on public or private property alleged
to be a 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.
B. Impound any motorized sportbike, motorcycle, motorized bicycle or watercraft operating on the public roadways or waterways in violation of any then-applicable state statute or any regulation validly promulgated by any state agency having jurisdiction. The 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 the removal and storage constituting impoundment, as outlined in Chapter
396, Towing, §
396-8, Fees, for Class 1 and 2 vehicles. The Director of Public Safety or his designee may authorize early release. The expense of impoundment shall be in addition to any other fine or penalty levied or collected under the terms of this chapter.
Any person, partnership, corporation or other
entity who violates any provision of this chapter shall be subject
to one or more of the following penalties: no more than $1,000 or
imprisonment not exceeding 90 days or a period of community services
not exceeding 90 days. In the event that the statutes of the state
are amended to provide greater penalties, this section may be construed
to authorize and permit the imposition of the maximum fine, imprisonment
or community service. The purpose of this penalty clause is to provide
the maximum penalty permitted by law.