[Added 5-10-2021 by Ord.
No. MC 2021-15]
As used in this article, the following terms shall have the
meanings indicated:
Any two-, three- or four-wheeled bicycle, vehicle or conveyance
that is motor-propelled or contains a motor to assist the operation
of said vehicle and which vehicles are commonly referred to as dirt
bikes, scooters, minibikes, go-carts, all-terrain vehicles (ATVs),
dune buggies and trail bikes, 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 in dirt, sand, up and down
hills, along trails and in similar-type areas.
All lands and buildings in the City of Plainfield not included
in the definition of "public property" or part of the public road
system.
Lands and buildings owned or leased by the City of Plainfield,
or any other equivalent public body. "Public property" shall also
include any parks, ballparks, recreation areas, lake areas, City-owned
streets, easements and sidewalks or areas dedicated or commonly used
for vehicular or pedestrian traffic, City storage facilities, City
garage area, and all other City-owned and publicly owned lands and
premises. It shall also include those public lands set forth in P.L.
2009, c.275, including any public lands which may be subsequently
identified by ordinance.
[Amended 7-10-2023 by Ord. No. MC 2023-22]
It shall be unlawful to operate any type of motorized sport
bike under the following circumstances:
(a)
To operate a motorized sport bike upon public property at any time
unless authorized as indicated below.
(b)
To operate a motorized sport bike on private property, other than
that private property owned by the family of the operator, without
the written consent of all the owners of the private property.
(c)
To operate a motorized sport bike during the period of one hour after
sunset, until four hours after sunrise.
(d)
To operate a motorized sport bike upon any public street, roadway,
highway or within the boundaries of the public right-of-way within
the City of Plainfield, unless permitted by the licensure and registration
requirements of P.L. 2009, c. 275,01 administered by the Division
of Motor Vehicles.
(e)
To operate a motorized sport bike so as to cause it to propel sand,
dirt, dust, rocks, gravel or other similar materials into the air
so as to be likely to injure persons and/or damage property.
(f)
To operate a motorized sport bike near any public roadway so that
the operation of said motorized bike would cause operators of automobiles,
motorcycles or trucks to have to take evasive or irregular action
to move away from said motorized sport bike.
(g)
To operate a motorized sport bike in a careless, reckless or negligent
manner which endangers the safety of any person, including the operator
himself, or the property of any person.
(h)
To operate a motorized sport bike while under the influence of liquor
or drugs in accordance with the requirements of N.J.S.A. 39:4-50.
(i)
To the degree not covered above, on public property without express
written provision or written permission to do so by the proper public
authority.
[Added 7-10-2023 by Ord. No. MC 2023-22]
No gas station owner/employee operating within 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.
It is not a violation of this section, 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
of Plainfield's Police Department once it is safe to do so, but in
no instance longer than one hour after the illegally operated all-terrain
vehicle(s) or dirt bike(s) have departed the property.
If no physical harm is present, by no means are gas stations
operated and owned within the City of Plainfield 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.
Any person violating any provision or section of this article
shall upon conviction be subject to any or all of the following penalties:
(a)
Fine not less than $250 and not more than $500 for the first offense;
(b)
A fine not less than $1,000 for a second offense and all offenses
thereafter; and
(c)
May also be subject to applicable provisions and penalties set forth
Any other penalty, provided for in Chapter 3C of Tile 39 of the Revised
Statutes, including those provisions of N.J.S.A 39:3C-33 and N.J.S.A.
39:3C-34.
