[Added 5-24-2023 by Ord. No. 6PSF-B, 05-24-2023]
As used in this chapter, the following terms shall have the
definitions indicated:
Means a motor vehicle, designed and manufactured for off-road
use only, of a type possessing between three (3) and six (6) non-highway
tires, which vehicles, by their nature and design, are not intended
to be used and operated along paved roads and highways, but are intended,
rather, to be operated off-road, in or upon dirt, sand, mud or similar
conditions and to traverse hills, trails and similar type areas, 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.
Means 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 the United States Environmental Protection
Agency on-road emissions standards.
A scooter with a floorboard that can be stood upon by the
operator, with handlebars, and an electric motor that is capable of
propelling the device with or without human propulsion.
A stationary fixture to which electric scooters used as part
of an electric scooter share program or service are attached and made
available for use and where these electric scooters can be returned
at the end of their use.
A network of scooters and docking stations (physical or digitally
defined) whereby users may rent publicly available scooters from automation
stations around the City, ride them, and return them to any other
automated station within the service area.
The section of the sidewalk between the curb and a pedestrian
through zone in which street furniture and amenities, such as lighting,
benches, newspaper kiosks, utility poles, tree pits, and bicycle parking
are provided, according to the Urban Design Guide of the National
Association of City Transportations Officials.
Any electric scooter owned and operated by a private individual.
A pair of devices worn on the feet with sets of wheels attached,
regardless of the number or placement of those wheels, and used to
slide or propel the user over ground
A platform low to the ground and mounted on wheels, regardless
of the number or placement of those wheels, with a steering column
attached to the front axle, and used to slide or propel the user across
the ground. The scooter may or may not have a seat.
Any electric scooter owned by a company permitted to offer
publicly accessible electric scooters through a pay-per-ride or subscription
program.
Any paved pathway in the public right-of-way that supports
multiple recreation and transportation opportunities, such as walking,
bicycling, and in-line skating, excluding trails and walkways located
in City parks.
A platform low to the ground and mounted on wheels, regardless
of the number or placement of those wheels, and used to slide or propel
the user over the ground
Real property designed and used for the purpose of renting
or leasing individual storage space to individuals or entities who
are to have access to the space for the purpose of storing personal
property.
[Added 5-24-2023 by Ord. No. 6PSF-B, 05-24-2023]
a.
No gas
station owner/employee operating in the City, dispensing gas from
gas pumps located on said property to the general public, shall dispense
gasoline directly into an all-terrain vehicle or dirt bike, unless
said vehicle was transported to the gas station on a properly registered
vehicle, trailer, truck, or other lawful means of conveyance.
b.
It is
not a violation of this chapter, if the gas station employee/owner
feels they would be subject to physical harm if they did not dispense
or allow to be dispensed gasoline to the all-terrain vehicle or dirt
bike operated in a manner inconsistent with this chapter, so long
as the employee/owner immediately reports the activity to the City’s
Department of Public Safety, Division of Police once safe to do so,
but in no instance longer than one (1) hour after the illegally operated
all-terrain vehicle(s) or dirt bike(s) have departed the property.
c.
If no
physical harm is present, by no means are gas stations operated and
owned by the City of Newark able to dispense gas to all-terrain vehicles.
Failure to comply with this can result upwards to a $3,000 fine. Those
operating all-terrain vehicles have to provide their own gas.
[Added 5-24-2023 by Ord. No. 6PSF-B, 05-24-2023]
a.
It shall
be unlawful for the owner of a storage facility, or its employee,
in the City of Newark to allow a person to deliver or remove an all-terrain
vehicle or dirt bike to or from the storage facility that is not transported
on a properly registered vehicle, trailer, truck, or other lawful
means of conveyance.
b.
It is
not a violation of this section if the owner/employee feels they would
be subject to physical harm if they did not allow access to the storage
facility of the all-terrain vehicle or dirt bike being operated in
a manner inconsistent with this Chapter, so long as the owner/employee
reports the activity to the City’s Department of Public Safety,
Division of Police within twenty-four (24) hours of learning about
the activity.
[Added 5-24-2023 by Ord. No. 6PSF-B, 05-24-2023]
a.
A law
enforcement officer may remove any ATV, dirt bike, or snowmobile and
effect forfeiture if:
1.
The
identity of the operator or owner of the ATV, dirt bike, or snowmobile
is unknown to the officer;
2.
The
operator of the ATV, dirt bike or snowmobile has no evidence of permission
to operate on private property;
3.
The
operator of the ATV, dirt bike, or snowmobile has violated any provision
of this chapter;
4.
The
ATV, dirt bike or snowmobile was involved in an accident causing serious
injury or death.
b.
Property
that has been forfeited shall be destroyed if it can serve no lawful
purpose or if it presents a danger to the public health, safety, or
welfare.
c.
All forfeited
property or any proceeds resulting from the forfeiture shall become
the property of the entity funding the prosecuting agency involved
and shall be disposed of, distributed, appropriated, and used in accordance
with the provisions of this chapter.
