[HISTORY: Adopted by the City Council of the City of Port
Republic as indicated in article histories. Amendments noted where
applicable.]
[Adopted 7-8-1986 by Ord. No. 69-1986 (Ch. 73 of the 1982
Code)]
For the purposes of this article, the terms and conditions used
herein are defined as follows:
Includes, but is not expressly limited to, motorized bicycles,
trail bikes, mopeds, minibikes, motor scooters, go-carts, quads and
other similar vehicles.
It shall be unlawful for any person to operate or permit and
suffer to be operated a motor-driven vehicle as defined herein within
the City of Port Republic under the following circumstances:
A.
On the private property of another without the express prior written
consent of the owner and the occupant of said property. Where such
express prior written consent has been obtained, the operator shall
keep the same on his person, available for immediate display, during
the period of such operation.
B.
On any public grounds, inclusive of sidewalks, public parks and parking
lots.
C.
In such a manner as to create loud, unnecessary, unusual noise so
as to disturb or interfere with the peace and quiet of other persons.
D.
In a careless, reckless or negligent manner so as to endanger or
be likely to endanger the safety or property of any person.
It shall be rebuttably presumed that any person under the age
of 18 who operates a motor-driven vehicle in violation of the terms
of this article and who resides with his or her parents, guardians
or other persons having custody of said person is operating said motor-driven
vehicle with the sufferance and permission of said parents, guardians
or other persons having custody of said person, and said parents,
guardians or other persons having custody of said person shall be
subject to prosecution the same as said person under the age of 18
years who actually operated the motor-driven vehicle in violation
of this article.
Any person of the age of 18 years or older who shall violate
any provisions of this article shall, upon conviction thereof, be
punished by a fine not to exceed $500 and/or by imprisonment in the
county jail for a term not exceeding 90 days, or both.
[Adopted 8-8-2006 by Ord. No. 06-2006]
The purpose of this article is to control and regulate motorcycles,
dirt bikes and all-terrain vehicles, as defined in N.J.S.A. 39:1-1
et seq. and 39:3C-1 et seq., in order to preserve the public peace
and order and protect the health, safety and welfare of the general
public of the City of Port Republic.
A.
Whenever any words and phrases are used in this article, the meanings
respectively ascribed to them in N.J.S.A. 39:1-1 shall be deemed to
apply to such words and phrases used herein.
B.
ALL-TERRAIN VEHICLE
MOTORCYCLE
PUBLIC HIGHWAY
PUBLIC LANDS
As used in this article, the following terms shall have the meanings
indicated:
A motor vehicle, designed to travel over any terrain, of
a type possessing between two and six tires and includes but is not
limited to dirt bikes, trail bikes, minibikes, motor scooters, go-carts,
all-terrain vehicles, swamp buggies, mopeds, and snowmobiles, and
any other motor-driven vehicles which are not authorized to be licensed
by the State of New Jersey, Department of Motor Vehicles, for use
upon the public highways.
Includes motorcycles, motorbikes, bicycles with motors attached
and all motor-operated vehicles of the bicycle or tricycle type, except
motorized bicycles as defined in this section,[1]having a saddle or seat with the driver sitting astride
or upon it or a platform on which the driver stands.
The entire width between the boundary lines of every way
publicly maintained when any part thereof is open to the use of the
public for purposes of vehicular travel.
Any and all real property which is owned or controlled by
a governmental entity.
[1]
Editor's Note: See N.J.S.A. 39:1-1, which states: "Motorized
bicycle" means 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 or is
powered by an electric drive motor and said bicycle is capable of
a maximum speed of no more than 25 miles per hour on a flat surface.
A.
Public lands.
(1)
It shall be unlawful for any person to operate or permit to or suffer
to be operated a motorcycle, dirt bike or an all-terrain vehicle,
as defined herein, on any public grounds or property, including playgrounds
and recreational areas.
(2)
It shall be unlawful for any person to operate or permit to or suffer
to be operated a motorcycle on public grounds or property, including
playgrounds and recreational areas, except on public streets or highways
as defined in N.J.S.A. 39:1-1 and public parking areas.
B.
Limited access highways. No person shall operate an all-terrain vehicle
upon limited access highways or within the right-of-way limits thereof.
C.
Public streets or highways. No person shall operate an all-terrain
vehicle upon the main traveled portion of any public street or highway
or within the right-of-way limits thereof except as follows:
(1)
Properly registered all-terrain vehicles may cross, as directly as
possible, public streets or highways, except limited access highways,
provided that such crossing can be made in safety and that it does
not interfere with the free movement of vehicular traffic approaching
from either direction of such public street or highway. Prior to making
any such crossing, the operator shall bring the all-terrain vehicle
to a complete stop. It shall be the responsibility of the operator
of the all-terrain vehicle to yield the right-of-way to all vehicular
traffic upon any public street or highway before crossing the same.
(2)
Wherever it is impracticable to gain immediate access to an area
adjacent to a public highway where an all-terrain vehicle is to be
operated, it may be operated adjacent and parallel to such public
highway for the purpose of gaining access to the area of operation.
This subsection shall apply to the operation of an all-terrain vehicle
from the point where it is unloaded from a motorized conveyance when
such loading or unloading cannot be effected in the immediate vicinity
to the area of operation without causing a hazard to vehicular traffic
approaching from either direction on said public highway. Such loading
or unloading must be accomplished, with due regard to safety, at the
nearest possible point to the area of operation.
D.
Written consent.
(1)
No person shall operate a motorcycle or all-terrain vehicle on the
property of another without receiving the consent of the owner of
the property or the person who has a contractual right to the use
of such property.
(2)
No person shall continue to operate a motorcycle or all-terrain vehicle
on the property of another after consent has been withdrawn.
E.
Harsh, objectionable or unreasonable noise. It shall be unlawful
for any person to operate or permit or suffer to be operated a motorcycle
or all-terrain vehicle in such manner as to cause harsh, objectionable
or unreasonable noise so as to disturb or interfere with the peace
and quiet of other persons.
F.
Careless, reckless or negligent operation. It shall be unlawful for
any person to operate or permit or suffer to be operated a motorcycle
or all-terrain vehicle in a careless, reckless or negligent manner
so as to endanger or be likely to endanger the safety or property
of any person.
G.
Protective helmets. It shall be unlawful for any person to operate
or permit or suffer to be operated or to ride as a passenger on any
motorcycle or all-terrain vehicle without wearing a protective helmet
approved by the Director of the Division of Motor Vehicles in the
Department of Law and Public Safety of the State of New Jersey. Any
such helmet shall be of a type acceptable for use in conjunction with
motorcycles as provided in N.J.S.A. 39:3-76.7 through 39:3-76.10.
H.
Headlights, taillights, brakes and mufflers. It shall be unlawful
for any person to operate or permit or suffer to be operated an all-terrain
vehicle that is not equipped with working headlights, taillights,
brakes and proper mufflers as supplied by the motor manufacturer for
the particular model without modifications.
I.
Pursuit of wildlife. It shall be unlawful for any person to operate
or permit or suffer to be operated a motorcycle or all-terrain vehicle
at any time and in any manner intended or reasonably to be expected
to harass, drive or pursue any wildlife.
J.
Lighted headlights and taillights. It shall be unlawful for any person
to operate or permit to be operated an all-terrain vehicle without
lighted headlights and lighted taillights.
K.
Railroads. It shall be unlawful for any person to operate or permit
or suffer to be operated a motorcycle or all-terrain vehicle upon
a railroad or right-of-way of an operating railroad, except railroad
personnel in the performance of their duties.
L.
Rules and regulations. It shall be unlawful for any person to violate
any provision of this article or any rule or regulation adopted pursuant
to this article.
No person under the age of 14 years shall operate or be permitted
to operate any all-terrain vehicle on public lands or upon public
highways.
A.
Any police
officer may, at his discretion:
(1)
Impound any off-road vehicle alleged to be operated or permitted
or suffered to be operated in violation of this article.
(2)
Impound any off-road vehicle 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.
The period
of any 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 cost of said removal and storage constituting impoundment. The
expense of impoundment shall be in addition to any other fine or penalty
levied or collected under the terms of this article.
A.
Any person who shall violate any provision of this article or any
rule or regulation promulgated pursuant to this article shall be punished
by a fine of not more than $500 for the first offense and not more
than $1,000 for any subsequent offense, in the discretion of the court.
B.
A separate offense shall be deemed committed on each day during or
on which a violation occurs or continues.
C.
Any person under the age of 18 years who shall violate any of the
provisions of this article shall be deemed to be a juvenile delinquent
and shall be proceeded against as such.
D.
In addition to the penalties described in Subsection A, if the violation for which an operator of an off-road vehicle has been convicted has caused damage to real or personal property, the operator so convicted, as well as the registered owner(s) of the vehicle involved, if such vehicle was in the possession of the operator with the permission of any owner(s), may also be ordered by the court to pay restitution for the full amount of such damage.
Any and all ordinances or parts thereof in conflict or inconsistent
with any of the terms and provisions of this article are hereby repealed
to the extent of their inconsistency; provided, however, that the
adoption of this article shall not prevent or bar the continuance
or institution of proceedings for offenses heretofore committed in
violation of any existing ordinances of the City of Port Republic
or violation of N.J.S.A. 39:1-1 et seq.
