[HISTORY: Adopted by the Mayor and Council of the Borough of Chatham
during codification (see Ch. 1, General Provisions, Art. II). Amendments noted
where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 139.
As used in this chapter, the following terms shall have the meanings
indicated:
Any two-wheeled, motor-propelled apparatus licensed by the State
of New Jersey Department of Motor Vehicles for the operation upon the public
highways.
A pedal bicycle having a helper motor characterized in that either
the maximum piston displacement is less than 50 cc or said motor is rated
at no more than 1.5 brake horsepower and said bicycle is capable of a maximum
speed of no more than 25 miles per hour on a flat surface.
Any two- , three- or four-wheeled bicycle or similar apparatus motor
propelled or having a helper motor and commonly referred to among other designations,
as a "moped," "minibike," "go cart," "go-ped," "all-terrain vehicle," "trailbike,"
or the like, which by its nature is not authorized to be licensed by the State
of New Jersey Department of Motor Vehicles for use upon the public highways,
notwithstanding the fact that licensing of the same in some instances may
not be required for the operation upon the public roadways.
A snowmobile and any similar sport vehicle which is motor-propelled
and traverses the terrain by means of treads, tracks, or the like, all as
contrasted to wheels.
All lands in the Borough of Chatham not defined as public property
or part of the road system as accepted hereinbefore.
Lands owned or leased by the Borough of Chatham, the Board of Education
of the Chathams, or any other equivalent public body, but specifically excluding
from any roadways being used for public transportation and being part of the
accepted road system of the Borough, county, or the State of New Jersey.
The operator of any motor vehicle who does not hold a special license issued by the State of New Jersey Department of Motor Vehicles, permitting the operation of a motorcycle on the public highways, or the operator of any motorized sportbike who is in violation of § 263-2 of this chapter.
It shall be unlawful to:
A.
Operate a motor vehicle of any type, a motorized sportbike, motorcycle, or motorized bicycle, as defined herein, upon public or private property, with or without permission of the landowner, during the period of time set forth in Chapter 184, Noise, of the Code of the Borough of Chatham.
B.
Operate a motorized sportbike, motorcycle, and motorized
bicycle as a licensed or unlicensed operator on private property other than
with the written consent of all of the owners of the property. When such written
consent has been obtained, the operator shall keep the same on his person
for display to the authorities. The failure to disclose such written consent
shall constitute a violation hereunder.
C.
Operate a motorized sportbike, motorcycle, and motorized
bicycle on public or private property other than in accordance with the general
regulation set forth in this chapter.
D.
Operate a motorized sportbike, motorcycle, motorized
bicycle on public or private property without the same being in proper operating
condition which is hereby defined as the presence of all original operating
equipment specified therefor by the original manufacturer, with the same in
operating condition at least equal to the manufacturer's requirements for
the proper operation thereof or the equivalent thereof.
E.
Operate a motorized sportbike, motorcycle, or motorized
bicycle on public or private property in a careless, reckless or negligent
manner so as to endanger the safety of any person or public or private property.
The following regulations shall apply to the operation of a motorized
sportbike, motorcycle, or motorized bicycle operated on public or private
property, other than the property of the immediate family of which the operator
is a member:
A.
No person operating a motorized sportbike, motorcycle,
or motorized bicycle shall ride without maintaining full control of such motorized
sportbike, motorcycle, or motorized bicycle, or remove both hands from the
handlebar.
B.
No person operating a motorized sportbike, motorcycle,
or motorized bicycle shall carry any other person, except in a place designated
therefor and equipped therefor as part of the original manufacturer for the
purpose, and in no event shall a rider be carried on the handlebars.
C.
It shall not be unlawful for any public employee or other
party with an appropriate permit to operate motor vehicles, motorized sportbikes,
motorcycles, or motorized bicycles as defined herein, in the locations for
the purpose of maintaining, repairing, or doing work upon the lands for the
public good.
D.
This chapter shall not be applicable to any recognized
organization, which has obtained permission from the Borough Administrator
to use the lands for the sole purpose of holding organized and supervised
rallies, races, or meets.
E.
It shall be unlawful for any person to operate any vehicle
equipped with a muffler cutout, muffler bypass, or similar device.
Any police officer may, at his discretion:
A.
Impound any motorized sportbike, motorcycle, or motorized
bicycle on public or private property alleged to be a violation of this chapter,
either by virtue of its operation and use contrary to the provisions of this
chapter or by virtue of its operation by an unlicensed operator.
B.
Impound any motorized sportbike, motorcycle, or motorized
bicycle operating on the public roadway in violation of any then-applicable
state statute or any regulation validly promulgated by any state agency having
jurisdiction. The period of impoundment shall be from the date of the alleged
violation until the disposition of the alleged offense by such court of competent
jurisdiction as shall hear the same, and the owner thereof shall pay the reasonable
cost of the removal and storage constituting impoundment. The Chief of Police
or his designee may authorize early release. The expense of impoundment shall
be in addition to any other fine or penalty levied or collected under the
terms of this chapter.
