[HISTORY: Adopted by the Borough Council
of the Borough of Chesilhurst 12-14-2006 by Ord. No. 2006-11. Amendments noted
where applicable.]
As used herein, unless another meaning is clearly
apparent from the language or context, or unless inconsistent with
the manifest intention of the Borough Council, the following terms
shall have the meanings indicated:
A motor vehicle, designed to travel over any terrain, of
a type possessing between three and six rubber tires and powered by
a gasoline engine not exceeding 600 cubic centimeters, but shall not
include golf carts.
The Director of the Division of Motor Vehicles in the Department
of Transportation of the State of New Jersey.
Bicycles with motor attached and all motor-operated vehicles
of the two-wheel or three-wheel type, except motorized bicycles as
defined herein, whether the motive power be a part thereof or attached
thereto and having a saddle or seat with driver sitting astride or
upon it or a platform on which the driver stands.
A pedal bicycle having a helper motor characterized in that
either the maximum piston displacement is less than 50 cubic centimeters
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.
The entire width between the boundary lines of every way,
street, road, limited access highway and right-of-way limits thereon,
publicly maintained by the Borough of Chesilhurst, improved, designed,
or ordinarily used for vehicular travel, inclusive of the shoulder.
No all-terrain vehicle, motor bike, or motorized
bicycle shall be operated or permitted to be operated on or across
a public highway or on public lands of the Borough of Chesilhurst
unless registered by the owner thereof as provided by the Director
of the Division of Motor Vehicles for the State of New Jersey. Once
a registration number is assigned, it shall remain with the registered
all-terrain vehicle, motor bike or motorized bicycle until it is destroyed,
abandoned, permanently removed from the Borough of Chesilhurst, or
until changed or terminated by the Director of the Division of Motor
Vehicles. The registration certificate shall be subject to inspection
by law enforcement on demand.
The registration number assigned to the all-terrain
vehicle, motor bike or motorized bicycle shall be displayed on the
vehicle at all times.
An all-terrain vehicle, motorized bicycle and
a motor bike shall carry only the operator.
No person shall operate an all-terrain vehicle,
motorized bicycle or a motor bike unless he wears a protective helmet
of a type approved by the Director.
No registration shall be required for an all-terrain
vehicle, motorized bicycle or motor bike operated solely on private
property. No person may, and it shall be unlawful, to operate an all-terrain
vehicle, motorized bicycle or motor bike on public lands or public
highways for the purpose of accessing adjacent private property.
No person shall operate a motorized bicycle
or motor bike unless he is in possession of a valid driver's license
of any class or a motorized bicycle license issued by the Director
to any person 15 years of age or older.
A person under the age of 18 years who operates
an all-terrain vehicle, which is registered in the State of New Jersey,
shall produce upon demand a certificate indicating that person's successful
completion of an all-terrain safety education and training course
established or certified by the Director in accordance with N.J.S.A.
39:3C-15.
No person shall operate an all-terrain vehicle,
motorized bicycle or motor bike on the property of another without
receiving consent of the owner of the property and the person who
has a contractual right to the use of such property. No person shall
continue to operate an all-terrain vehicle, motorized bicycle or motor
bike on the property of another after consent has been withdrawn.
It shall be unlawful for any person to:
A.
Operate or ride as a passenger on any all-terrain
vehicle, motorized bicycle or motor bike without wearing a protective
helmet approved by the Director.
B.
Operate an all-terrain vehicle, motorized bicycle
or motor bike that is not equipped with working headlights, taillights,
brakes and other safety equipment as required by the Director, and
proper mufflers as supplied by the motor manufacturer for the particular
model, without modifications, nor shall any person operate any all-terrain
vehicle, motorized bicycle or motor bike in such a manner as to cause
a harsh, objectionable or unreasonable noise.
C.
Operate an all-terrain vehicle, motorized bicycle
or motor bike at any time and in any manner intended or reasonably
to be expected to harass, drive or pursue any wildlife.
D.
Operate any all-terrain vehicle, motorized bicycle
or motor bike during the hours from 1/2 hour before sunset to 1/2
hour after sunrise without having lighted headlights and lighted taillights
meeting the lighting requirements as determined by the Director.
E.
Operate any all-terrain vehicle, motorized bicycle
or motor bike on the land of another without first securing the permission
of the landowner or his duly authorized representative.
F.
Operate any all-terrain vehicle, motorized bicycle
or motor bike upon railroad or right-of-way of an operating railroad,
except railroad personnel in the performance of their duties.
G.
Violate any provision of this chapter or any rule
or regulation adopted pursuant to this chapter.
No all-terrain vehicle, motorized bicycle or
motor bike shall be operated or permitted to be operated unless the
owner thereof has obtained a policy of insurance, in such language,
form and limits as shall be determined by the Commissioner of the
Department of Insurance for the State of New Jersey. Proof of insurance
as hereinabove required shall be produced and displayed by the owner
or operator of such all-terrain vehicle, motorized bicycle or motor
bike upon the request to any law enforcement officer or to any person
who has suffered either personal or property damage as a result of
the operation of it by the owner or operator.
A person who violates any of the provisions
herein shall be subject to a fine of not less than $100 nor more than
$200 for each offense. Each all-terrain vehicle, motorized bicycle
or motor bike which is determined by a law enforcement officer to
be unregistered, unlicensed, or uninsured shall be immediately impounded
by said law enforcement officer until such time as proof of registration,
licensing and insurance coverage is provided and payment of all applicable
fines is made.
The owner of an all-terrain vehicle, motorized
bicycle or motor bike who acquired ownership prior to the effective
date of this chapter shall have 90 days from the effective date to
comply with the registration and licensing requirements contained
herein.
