[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.
A.
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.
B.
PUBLIC HIGHWAY
PUBLIC LANDS
MOTORCYCLE
ALL-TERRAIN VEHICLE
As used in this chapter, the following terms shall
have the meanings indicated:
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.
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.
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.
A.
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.
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It shall be unlawful for any person to operate
or permit to or suffer to be operated a motorcycle on public grounds
or property (including playgrounds and recreational areas) except
on public streets or highways as defined in N.J.S.A. 39:1-1 and public
parking areas.
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B.
Limited access highways. No person shall operate an
all-terrain vehicle upon limited-access highways or within the right-of-way
limits thereof
C.
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:
(1)
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.
(2)
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.
D.
Private property.
(1)
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.
(2)
No person shall continue to operate a motorcycle or
all-terrain vehicle on the property of another after consent has been
withdrawn.
(3)
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.
E.
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.
F.
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.
G.
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.
H.
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.
I.
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.
J.
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.
K.
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.
L.
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.
A.
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.
B.
A separate offense shall be deemed committed on each
day during or on which a violation occurs or continues.
C.
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.
[Added 5-15-2023 by Ord. No. 1670-23]
Violation of this Chapter 237 constitutes a breach of the peace.
