Township of Riverside, NJ Article XVI All-Terrain Vehicles and Dirt Bikes

[Added 9-9-2022 by Ord. No. 2022-13]

§ 419-78 Purpose.

This article authorizes the Township to declare all-terrain vehicles or dirt bikes operated on a public street, highway, or right-of-way in violation of N.J.S.A. 39:3C-17 posing an immediate threat to public safety and subject to forfeiture in accordance with N.J.S.A. 2C:64-1 et seq., and shall be disposed of in accordance with the provision of N.J.S.A. 2C:64-6 or at the discretion of the Township.

§ 419-79 Definitions; prohibited acts.

A. The motor-driven off-road vehicles subject to this article include but are not limited to the following: all-terrain vehicles (ATVs), dirt bikes, and snowmobiles, as well as other motor-driven vehicles designed primarily for transportation of the driver, such as motorbikes, minibikes, trail bikes, unlicensed motorcycles, mopeds, motor scooters, guards, go-carts, dune buggies, and any other recreational vehicles motorized and used for transportation of the driver. Definitions of the following terms reflect the language of P.L. 1973, c. 307 (N.J.S.A. 39:3C-1), and P.L. 2009, c. 275 (N.J.S.A. 39:3C-33 and 39:3C-34):

ALL-TERRAIN VEHICLE or ATV

A motor vehicle, designed and manufactured for off-road use only, 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 or any all-terrain vehicle operated by an employee or agent of the State of New Jersey and used while in the performance of the employee's or agent's official duties.

DIRT BIKE

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.

OFF-ROAD VEHICLE

Any motorized vehicle with two or more wheels or tracks that is capable of being operated off of regularly improved and maintained roads, including, but not limited to, motorcycles as defined in N.J.S.A. 39:1-1, snowmobiles and all-terrain vehicles, and dirt bikes as defined in Section 5 of P.L. 1991, c. 496 (N.J.S.A. 2A:42A-6. 1).

SNOWMOBILE

Any motor vehicle, designed primarily to travel over ice or snow, of a type which uses sled-type runners, skis, an endless belt tread, cleats or any combination of these or other similar means of contact with the surface upon which it is operated, but does not include any farm tractor, highway or other construction equipment, or any military vehicle.

B. The use of any and all all-terrain vehicles (ATVs), dirt bikes, and snowmobiles, or such similar vehicles as listed in Subsection A of this section intended for off-road use, unless otherwise specified, is hereby prohibited on or within any City-owned or -operated road, park, or public space.

§ 419-80 Violations and penalties.

It shall be unlawful and pose an immediate threat to the public health, safety, and welfare of the residents of the Township of Riverside for any person to operate any all-terrain vehicle or dirt 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 operated in a manner that violates this article 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 entity funding the prosecuting agency involved, may be destroyed.