[HISTORY: Adopted by the Township Committee of the Township of Middle 9-18-1900 by Ord. No. 1062-2000. Amendments noted where applicable.]
The purpose of this chapter is to control and regulate motorcycles, bikes and all-terrain vehicles, as defined in N.J.S.A. 39:1-1 et seq.; N.J.S.A. 39:3C-1 et seq., in order to preserve the public peace and order and protect the health, safety and welfare of the general public of the Township of Middle.
Whenever any words and phrases are used in this chapter, the meaning respectively ascribed to them in N.J.S.A. 39:1-1 shall be deemed to apply to such words and phrases used herein.
As used in this chapter, the following terms shall have the meanings indicated:
- PUBLIC HIGHWAY
- The entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.
- PUBLIC LANDS
- Any and all real property which is owned or controlled by a governmental entity.
- Includes motorcycles, motor bikes, bikes, bicycles with motor attached and all motor-operated vehicles of the bicycle or tricycle type, except motorized bicycles as defined in this section, having a saddle or seat with driver sitting astride or upon it or a platform on which the driver stands.
- ALL-TERRAIN VEHICLE
- A motor vehicle, designed to travel over any terrain, of a type possessing between three and six rubber tires and powered by a gasoline engine not exceeding 400 cubic centimeters, but shall not include golf carts.
Public lands. It shall be unlawful for any person to operate or permit to or suffer to be operated a motorcycle, dirt bike or an all-terrain vehicle, as defined herein, on any public grounds or property, including playgrounds and recreational areas.
Limited access highways. No person shall operate an all-terrain vehicle upon limited-access highways or within the right-of-way limits thereof
Public streets or highways. No person shall operate an all-terrain vehicle upon the main traveled portion of any public street or highway or within the right-of-way limits thereof except as follows:
Properly registered all-terrain vehicles may cross, as directly as possible, public streets or highways, except limited access highways, provided that such crossing can be made in safety and that it does not interfere with the free movement of vehicular traffic approaching from either direction of such public street or highway. Prior to making any such crossing the operator shall bring the all-terrain vehicle to a complete stop. It shall be the responsibility of the operator of the all-terrain vehicle to yield the right-of-way to all vehicular traffic upon any public street or highway before crossing the same.
Wherever it is impracticable to gain immediate access to an area adjacent to a public highway where an all-terrain vehicle is to be operated. It may be operated adjacent and parallel to such public highway for the purpose of gaining access to the area of operation. This subsection shall apply to the operation of an all-terrain vehicle from the point where it is unloaded from a motorized conveyance to the area where it is to be operated or from the area where operated to a motorized conveyance when such loading or unloading cannot be effected in the immediate vicinity to the area of operation without causing a hazard to vehicular traffic approaching from either direction on said public highway. Such loading or unloading must be accomplished with due regard to safety, at the nearest possible point to the area of operation.
No person shall operate a motorcycle or all-terrain vehicle on the property of another without receiving the consent of the owner of the property or the person who has a contractual right to the use of such property.
No person shall continue to operate a motorcycle or all-terrain vehicle on the property of another after consent has been withdrawn.
The consent as required by paragraphs (1) and (2) of this subsection shall be by the written consent of the owner of the property or the person who has contractual right to the use of such property.
Harsh, objectionable or unreasonable noise. It shall be unlawful for any person to operate or permit or suffer to be operated a motorcycle or all-terrain vehicle in such manner as to cause a harsh, objectionable or unreasonable noise so as to disturb or interfere with the peace and quiet of other persons.
Careless, reckless or negligent operation. It shall be unlawful for any person to operate or permit or suffer to be operated a motorcycle or all-terrain vehicle in a careless, reckless or negligent manner so and to endanger the safety or property of any person.
Protective helmets. It shall be unlawful for any person to operate, to permit or suffer to be operated, or to ride as a passenger on, any motorcycle or all-terrain vehicle without wearing a protective helmet approved by the Director of the Division of Motor Vehicles in the Department of Law and Public Safety of the State of New Jersey. Any such helmet shall be of a type acceptable for use in conjunction with motorcycles and provided in N.J.S.A. 39:3-76.7 through N.J.S.A. 39:3-76.10.
Headlights, taillights, brakes and mufflers. It shall be unlawful for any person to operate or permit or suffer to be operated an all-terrain vehicle that is not equipped with working headlights, taillights, brakes and proper mufflers as supplied by the motor manufacturer for the particular model without modification.
Pursuit of wildlife. It shall be unlawful for any person to operate or permit or suffer to be operated a motorcycle or all-terrain vehicle at any time and in any manner intended or reasonably to be expected to harass, drive or pursue any wildlife.
Lighted headlights and taillights. It shall be unlawful for any person to operate or permit to be operated any all-terrain vehicle without lighted headlights and lighted taillights.
Railroads. It shall be unlawful for any person to operate or permit or suffer to be operated a motorcycle or all-terrain vehicle upon a railroad or right-of-way of an operating railroad, except railroad personnel in the performance of their duties.
Rules and regulations. It shall be unlawful for any person to violate any provision of this chapter or any rule or regulation adopted pursuant to this chapter.
No person under the age of 14 years shall operate or be permitted to operate any all-terrain vehicle on public lands or upon a public highway.
Any person who shall violate any provision of this chapter or any rule or regulation promulgated pursuant to this chapter shall be punished by a fine for the first offense of not less than $100 or more than $1,000. A second offense shall be subject to a fine of not less than $400 or more than $1,000. A third offense shall be subject to a fine of not less than $700 or more than $1,000.
A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
Any person under the age of 18 years who shall violate any of the provisions of this chapter shall be deemed to be a juvenile delinquent and shall be proceeded against as such.