[Adopted 5-20-02 by Ord. No. 2002-15]
[Amended 7-6-2023 by Ord. No. 2023-21]
As used in this section:
Any two (2)-wheeled, motor-propelled apparatus licensed by
the State of New Jersey Department of Motor Vehicles for operation
upon the public highways.
A pedal bicycle having a helper motor characterized in that
either the maximum piston displacement is less than fifty (50) cc.
or said motor is rated at no more than one and one-half (1.5) brake
horsepower and said bicycle is capable of a maximum speed of no more
than twenty-five (25) miles per hour on a flat surface.
Any two (2), three (3) or four (4) 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.
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 or freshwaters in the Township not defined as public
property or constituting part of the road system.
[Amended 7-6-2023 by Ord. No. 2023-21]
All lands or freshwaters owned or leased by the Township
of Barnegat, the Board of Education of the Township of Barnegat, 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.
[Amended 7-6-2023 by Ord. No. 2023-21]
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 § 71-44B of this article. Unlicensed operator shall also mean the operator of any watercraft required to be licensed by federal or state regulations.
Any boat, canoe, personal watercraft, vessel, motorized or
otherwise, which is capable of transporting persons or objects over
water.
It shall be unlawful to:
A.
Operate a motor vehicle of any type, a motorized sportbike, motorcycle,
motorized bicycle or watercraft, as defined herein, upon public or
private property, with or without permission of the landowner, during
the period of one (1) hour after sunset or one (1) hour before sunrise.
B.
Operate a motorized sportbike, motorcycle, motorized bicycle or watercraft,
as a licensed or unlicensed operator, on private property other than
with the written consent of all of the owners of the 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
disclose such written consent shall constitute a violation hereunder.
C.
Operate a motorized sportbike, motorcycle, motorized bicycle or watercraft on public or private property other than in accordance with the general regulation set forth in Section 71-45 of this article.
D.
Operate a motorized sportbike, motorcycle, motorized bicycle or watercraft
on public or private property in such a way as to harass, worry or
disturb farm animals, domestic livestock or further or destroy or
damage crops or cropland.
E.
Operate a motorized sportbike, motorcycle, motorized bicycle or watercraft
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,
with the same in operating condition at least equal to the manufacturer's
requirements for the proper operation thereof or the equivalent thereof.
F.
Operate a motorized sportbike, motorcycle, motorized bicycle or watercraft
on public or private property in a careless, reckless or negligent
manner so as to endanger the safety or property of any person or public
or private property.
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 section 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 section, either by virtue of its operation and use
contrary to the provisions of this section 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, which is
hereby deemed to be four dollars ($4) per day. The Chief of Police
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 article.
[Added 12-6-2022 by Ord. No. 2022-22]
It shall be unlawful and pose an immediate threat to the public
health, safety and welfare of the residents of the Township of Barnegat
for any person to operate any all-terrain vehicle or dirt bike (motorized
sports bike) upon any public street, highway or right-of-way located
within the Township in violation of N.J.S.A. 39:3C-17. Any all-terrain
vehicle or dirt bike (motorized sports bike) operated in a manner
that violates this section shall be deemed contraband subjected to
forfeiture in accordance with N.J.S.A. 2C:64-1 et. seq., and shall
be disposed of in accordance with the provisions of N.J.S.A. 2C:64-6
or, at the discretion of the Township, may be destroyed. For the purposes
of this section:
A motor vehicle, designed and manufactured for off-road use
only, of a type possessing between three and six non-highway tires,
but shall not include golf carts or an all-terrain vehicle operated
by an employee or agent of the state, a county, a municipality, or
a fire district, or a member of an emergency service organization
or an emergency medical technician which is used while in the performance
of the employee’s, agent’s, member’s or technician’s
official duties.
Any two-wheeled motorcycle that is designed and manufactured
for off-road use only and that does not comply with federal motor
vehicle safety standards or United States Environmental Protection
Agency on-road emissions standards.
[Amended 10-21-02 by Ord. No. 2002-27]
Any person, partnership, corporation or other entity who violates
any provision of this article shall be subject to one (l) or more
of the following penalties: a fine of not less than five hundred dollars
($500) but not to exceed one thousand two hundred fifty dollars ($1,250)
or imprisonment not exceeding ninety (90) days or a period of community
service not exceeding ninety (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.
