[HISTORY: Adopted by the Council of the City of Perth Amboy 5-10-2023 by Ord. No. 2088-2023. Amendments noted where applicable.]
A. 
Purpose. The purpose of this chapter shall be to set standards for the operation of certain motor-driven off-road vehicles within the City of Perth Amboy to improve public safety standards, minimize the impact of operation of such vehicles on the residents, roads, and public spaces of the City, and to reduce injury to bystanders, drivers, passengers, and the environment.
B. 
Scope. Except where the context indicates otherwise, the provisions of this chapter shall apply to all persons except employees of the City in the performance of their duties.
C. 
This chapter shall conform with Title 39, Chapter 3C of the New Jersey Revised Statutes. All State requirements must be fulfilled, and all State regulations must be obeyed. Similarly, all owners and operators of snowmobiles, all-terrain vehicles, and dirt bikes shall, when operating such across a public highway or on public land or waters, comply with the following provisions of Chapter 4 of Title 39 of the Revised Statutes: N.J.S.A. 39:4-48 through N.J.S.A. 39:4-51; N.J.S.A. 39:4-64; N.J.S.A. 39:4-72; N.J.S.A. 39:4-80; N.J.S.A. 39:4-81; N.J.S.A. 39:4-92; N.J.S.A. 39:4-96 through N.J.S.A. 39:4-98; N.J.S.A. 39:4-99; N.J.S.A. 39:4-100; N.J.S.A. 39:4-104; N.J.S.A. 39:4-129 through N.J.S.A. 39:4-134; N.J.S.A. 39:4-203, as well as any other applicable State law.
A. 
The motor-driven off-road vehicles subject to this Chapter 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, trailbikes, unlicensed motorcycles, mopeds, motor scooters, 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 Section 39:3C1 of the Revised New Jersey Statutes, as well as P.L. 1973, c. 307 (C. 39:3C-1) and P.L. 2009, c. 275 (C. 39:3C33, -34):
ALL-TERRAIN VEHICLE or ATV
Means 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 fueloline engine not exceeding 600 cubic centimeters, any 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 in accordance to Title 39 Chapter 3C Section 1 in New Jersey of the Vehicle Code.
DIRT BIKE
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 United States Environmental Protection Agency on-road emissions standards.
DUNE BUGGY
Shall mean a low, wide-wheeled motor vehicle that: (1) is not licensed or registered, and (2) does not meet the minimum equipment requirements of in accordance to Title 39 Chapter 3C Section 1 in New Jersey of the Vehicle Code, with tires and suspension designed and built for riding on sand and over rough terrain.
OFF-ROAD VEHICLE
Means 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.
SNOWMOBILE
Means 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. 
In accordance to Title 39 Chapter 3C Section 17, Section 19 in New Jersey of the Vehicle Code; no person shall operate, park, stop, stand, place or maintain any all-terrain vehicles (dirt bikes, and snowmobiles, or such similar vehicles as listed above) on any public sidewalk or within any City, County or State-owned or -operated road, park, or public space, including without limitation any recreation facility, except where expressly authorized by law; provided that the owner or a person with lawful permission of the owner may temporarily place an all-terrain vehicle on the sidewalk abutting his or her house or abutting any premises where the vehicle is lawfully stored, for purposes of lawfully transporting the vehicle to a location outside the City. Nothing in this Section prohibits the lawful transport of an all-terrain vehicle on a licensed trailer or other safe carrier, or the manual transport of a vehicle onto or off of such carrier, so long as the motor or engine of the all-terrain vehicle remains off at all times.
All vehicles subject to the provisions of this Chapter must be registered with the State of New Jersey in accordance with Section 39:3C of the New Jersey Revised Statutes. 4302-4 Operating Requirements. In addition, any unregistered or uninsured dirt bike or all-terrain vehicle as defined in NJ Stat. 39:3C-1 abandoned, stored, parked on a public street, sidewalk or in an alley shall be subject to impoundment in accordance with the provisions of N.J.S. 2C:64-6 or may be destroyed.
A. 
Age Restrictions.
Vehicle operators must adhere to the Age Requirements set forth by Section 39:3C-16 of the New Jersey Revised Statutes:
(1) 
A person under the age of 14 years shall not operate or be permitted to operate any snowmobile, all-terrain vehicle, or dirt bike on public lands or waters or across a public highway.
(2) 
A person less than 16 years of age shall not operate on public lands or waters or across a public highway of this State an all-terrain vehicle with an engine capacity greater than 90 cubic centimeters.
(3) 
A person less than 18 years of age shall not operate a snowmobile, all-terrain vehicle, or dirt bike registered in this State on public lands or waters or across a public highway of this State unless the person has completed a safety education and training course established or certified by the commissioner pursuant to section 15 of P.L. 1973, c. 307 (C. 39:3C-15). At all times during the operation of the snowmobile, All-terrain vehicle, or dirt bike the person shall possess a certificate indicating successful completion of the course.
B. 
Mandatory Insurance. No such vehicle shall be operated unless insured in accordance with Section 39:3C-20 of the New Jersey Revised Statutes.
C. 
Unlawful Activities. As per Section 39:3C-19 of the New Jersey Revised Statutes it shall be unlawful for:
(1) 
Any person to operate or ride as a passenger on any snowmobile, all-terrain vehicle, or dirt bike without wearing a protective helmet approved by the Chief Administrator of the New Jersey Motor Vehicle Commission. Any helmet shall be of a type acceptable for use in conjunction with motorcycles as provided in sections 6 to 9 of P.L. 1967, c. 237 (C. 39:3-76.7 through 39:3-76.10).
(2) 
Any person to operate a snowmobile, all-terrain vehicle or dirt bike that is not equipped with working headlights, taillights, brakes, and proper mufflers as supplied by the motor manufacturer for the particular model without modifications nor shall any person operate any snowmobile, all-terrain vehicle, or dirt bike in any manner as to cause a harsh, objectionable, or unreasonable noise.
(3) 
Any person to operate a snowmobile, all-terrain vehicle or dirt bike at any time and in any manner intended or reasonably to be expected to harass, drive, or pursue any wildlife.
(4) 
Any person to operate any snowmobile, all-terrain vehicle or dirt bike during the hours from half an hour before sunset to half an hour after sunrise without having lighted headlights and lighted taillights.
(5) 
Any person to operate any snowmobile, all-terrain vehicle, or dirt bike on the land of another without first securing the permission of the landowner or the landowner's duly authorized representative.
(6) 
Any person to operate a snowmobile, all-terrain vehicle, or dirt bike upon railroad or right-of-way of an operating railroad, except railroad or City personnel in the performance of their duties.
D. 
Mandatory equipment.
All ATVs, dirt bikes, and snowmobiles operating must comply with the equipment requirements of Section 39:3C-24 of the New Jersey Revised Statutes:
(1) 
Headlights: At least one white or amber headlamp having a minimum candlepower of sufficient intensity to reveal persons and vehicles at a distance of at least 100 feet ahead during hours of darkness under normal atmospheric conditions.
(2) 
Taillights: At least one red tail lamp having a minimum candlepower of sufficient intensity to exhibit a red light plainly visible from a distance of 500 feet to the rear during hours of darkness under normal atmospheric conditions.
(3) 
A brake system in good mechanical condition.
(4) 
Reflector material: Reflector material of a minimum area of 16 square inches mounted on each side of the cowling. Registration numbers or other decorative material may be included in computing the required 16-square-inch area.
(5) 
Mufflers: An adequate muffler system in good working condition.
(6) 
The rider of any listed vehicle in this section shall not allow it to proceed in a street by, with their feet removed from the foot pegs, nor remove both hands from the handlebars or steering mechanism while operating, nor practice any trick or fancy operation in a street or carry another person upon the vehicle. The vehicle shall not be operated in a manner where any of the wheels are not in contact with the road surface.
A. 
The penalty for a violation of Title 39 Chapter 3C Section 28, or for violation of any regulation of the Department of Parks and Recreation relating to operating, parking, stopping, standing, placing or maintaining any Off-Road Vehicles operated on a public street, highway, or right of way in violation of N.J.S.A. 39:3C-17 poses an immediate threat to the public health, safety or welfare and designate such all-terrain vehicles or dirt bikes operated in a such a manner contraband subjected to forfeiture in accordance with N.J.S. 2C:64-1 et seq. and that an all-terrain vehicle or dirt bike forfeited under this section shall be designated by the City of Perth Amboy as prima facie contraband and subject to the forfeiture provisions of Chapter 64 of Title 2C of the New Jersey Statutes.
B. 
It shall be the duty of any law enforcement officer who knows, or has reasonable cause to believe, that a person is engaging or has been engaged in the unlawful operation of a snowmobile, all-terrain vehicle, or dirt bike to investigate and seize any vehicle that the officer knows, or has reasonable grounds to believe, is a snowmobile, all-terrain vehicle, or dirt bike that is or has been operated unlawfully. A law enforcement officer shall not be required to obtain a search warrant to investigate and seize an unlawfully operated vehicle located on private property.
C. 
In addition to the penalties set forth by the State. Violations of this chapter shall be punishable by a municipal fine not to exceed $500 for the first offense, $750 for the second offense, and not to exceed $2,000 for a third offense and any subsequent offense as well as confiscation or forfeiture of the vehicle used in violation of the provisions herein. The City of Perth Amboy may destroy a confiscated ATV, dirt bike, or snowmobile in accordance with State law.
A. 
Notices of violation shall be issued by a police officer or any other person authorized to enforce ordinances, pursuant to the procedures set forth in Title 39 Chapter 3C Section 28. Contested charges shall be resolved, penalties shall be imposed, and payments shall be collected and processed by that official municipal court:
Seizure: In addition to issuance of a notice of violation, whenever a police officer has probable cause to believe an Off-Road Vehicle has been used or is being used in violation of this section, the officer may seize the Off-Road Vehicle, whereupon the Police Department shall comply, as nearly practicable, ("Removal or Immobilization of Parked Vehicles: Notice"), except that no Off-Road Vehicle shall be returned to the owner. The Police Department shall store the Off-Road Vehicle until a final adjudication of the offenses, at which time:
(1) 
If forfeiture is not awarded, the Police Department shall return the Off-Road Vehicle to the owner upon payment of all applicable fines, penalties and fees and compliance with all applicable laws relating to the Off-Road Vehicle.
(2) 
If forfeiture is awarded, the Police Department shall dispose of the Off-Road Vehicle in an appropriate manner, which may include destruction of the Off-Road Vehicle or such other manner of disposition that, in the judgment of the Department, reduces, to the greatest extent practicable, the opportunities for the Off-Road Vehicle to be used in any manner that violates the provisions of this Section or the Vehicle Code.
(3) 
A person who claims their Off-Road Vehicle was wrongfully seized, including an owner who did not know and could not reasonably have known that the Off-Road Vehicle would be used in violation of Title 39 Chapter 3C, may seek return of the Off-Road Vehicle pursuant to the procedures set forth at ("Recovery of Vehicles; Hearings"), with any hearing to be scheduled as expeditiously as practicable.
It shall be unlawful and pose an immediate threat to the public health, safety and welfare of the residents of the City of Perth Amboy for any person owning a fueling station in the City of Perth Amboy disbursing fuel from fuel pumps located on said property to the general public to disburse or allow to be disbursed fuel directly into any all-terrain vehicle or dirt bike. It shall be lawful to distribute fuel directly into an all-terrain vehicle or dirt bike driven to a fuel station on a properly registered trailer, truck, or other lawful means of conveyance.
It shall be unlawful and pose an immediate threat to the public health, safety and welfare of the residents of the City of Perth Amboy for any person owning a garage or storage facility that allows a person to deliver or remove an all-terrain vehicle or dirt bike to or from a storage facility that is not driven to the storage facility on a properly registered vehicle, truck, or other lawful means of conveyance.
Any person who shall be convicted of a violation of the terms and conditions of this chapter shall pay a fine of not less than $500 nor more than $1,000 for the first offense and not less than $1,000 nor more than $2,000 for any subsequent offense within a calendar year. It is not a violation of this chapter if the fuel station employee/owner feels he/she would be subject to physical harm if they did not disburse or allow to be dispersed fuel to the all-terrain vehicle or dirt bike, so long as the employee/owner immediately reports the activity to the Perth Amboy Police Department once safe to do so, but in no instance longer than one hour after the riders have departed the property.