[HISTORY: Adopted by the Township Council
of the Township of Brick as indicated in article histories. Amendments
noted where applicable.]
[Adopted 10-22-1985 by Ord. No. 555-85 (Ch. 292, Art. II, of the 1989 Code)]
As used in this article, the following terms
shall have the meanings indicated:
Includes any vehicle included within the definition of "motor
vehicle," "motor-drawn vehicle," "motorcycle" and "motorized bicycle"
as provided for in N.J.S.A. 39:1-1.
[Amended 3-11-1986 by Ord. No. 555-A-86; 9-11-2001 by Ord. No. 555-E-01]
Except as otherwise provided in this article,
no person, except a governmental employee or agent acting within the
scope of his governmental employment or agency, shall operate any
motor vehicle or all-terrain vehicle upon any park, beach, or open
space recreation area or upon any pedestrian or bicycle path owned
by the Township of Brick or the Brick Township Board of Education
except upon improved public roadways or parking lots located upon
such public property and designated for such use.
[Amended 8-24-1993 by Ord. No. 555-C-93; 10-26-1993 by Ord. No. 555-D-93; 10-26-1999 by Ord. No.
555-E-99; 9-28-2004 by Ord. No. 555-F-04]
A.
Section 460-2 of this article shall not apply to a person who has obtained and is in possession of a permit from the Township to operate a motor vehicle upon a municipally owned beach bordering the Atlantic Ocean during the period from October 1 through April 30, however no motor vehicle or all-terrain vehicle shall be permitted to operate on or near plant-protected areas before November 30, which restriction shall specifically be included in any permit. Such permit shall be obtained by filing an application with the Township Clerk, who shall require from the applicant the applicant's name, age, driver's license number, and the make, model, year, motor vehicle registration number, if any, and type and description of the vehicle to be operated by the applicant. The applicant shall furthermore be required to pay a fee in the amount of $35 in connection with such application. Notwithstanding the foregoing, any individual exempt from fees pursuant to Chapter 110,§ 110-19 shall be exempt from the fees established by this section.
[Amended 9-13-2022 by Ord. No. 20-22]
B.
Prior to the issuing of the aforesaid permit by the
Township Clerk, the Brick Township Police Department shall inspect
the motor vehicle in order to ensure that said vehicle is properly
equipped for beach use. The vehicle shall be equipped with a twenty-five-foot
towing chain, shovel, spare tire and jack, fire extinguisher, flashlight
and first aid kit. Should the Brick Township Police Department be
satisfied that the vehicle is properly equipped and the applicant
has demonstrated his ability to safely operate a motor vehicle upon
any such beach area without endangering the health and safety of himself
or others, the Township Clerk may issue a permit for the operation
of a motor vehicle under this article.
D.
The Township Clerk shall limit the total number of
permits issued pursuant to this article to 125.
Any person who has been issued a permit under
this article shall operate his motor vehicle subject to the following
rules and regulations:
A.
No motor vehicle shall be operated on the strand or
beachfront at a speed in excess of 15 miles per hour.
B.
No such motor vehicle shall be operated on the sand
dunes, and all such motor vehicles shall obtain access to the beachfront
from the public streets only at places specifically designated by
the municipality.
C.
All such vehicles shall be required to maintain a
reasonable distance from congested bathing beaches or other areas
where bathers, surf fishermen or others using the beach are present.
D.
No rubbish, debris or litter of any sort shall be
discarded from any motor vehicle while being operated on the beachfront.
E.
No motor vehicle shall be operated on the beachfront
after sunset without adequate lights.
F.
Every motor vehicle being operated on the beach shall
be operated in a safe, reasonable and careful manner at all times
so as not to endanger the lives and safety of other persons using
the beachfront.
G.
No motor
vehicle or all-terrain vehicle shall be permitted to operate on or
near plant-protected areas before November 30. Said plant-protected
areas shall be designated by signage installed by the Township.
[Added 9-13-2022 by Ord. No. 20-22]
[Amended 3-14-1989 by Ord. No. 666-89]
[Adopted 9-8-1987 by Ord. No. 555-B-87 (Ch. 292, Art. III, of the 1989 Code)]
As used in this article, the following terms
shall have the meanings indicated:
Includes but is not limited to minibikes, motor scooters,
go-carts, swamp buggies, mopeds, snowmobiles, all-terrain vehicles
and any other motor-driven vehicle not capable of being registered
under Title 39, Motor Vehicles and Traffic Regulation, of the New
Jersey Revised Statutes, as amended, except such vehicles as are in
such title expressly exempted from registration.
It shall be unlawful for any person to operate
or permit and suffer to be operated a motor-driven vehicle, as defined
herein, within the Township of Brick, under the following circumstances:
A.
On private property of another, including beaches,
without the express, prior written consent of the owner and the occupant
of said property.
B.
In violation of § 281-10 of the Code of the Township of Brick or in violation of any other provisions of such Code or other applicable law.
C.
In a careless, reckless or negligent manner so as
to endanger or be likely to endanger the safety or property of any
person.
[Added 12-11-2007 by Ord. No. 48-07; 8-18-2009 by Ord. No. 45-09]
It shall be unlawful for any person to operate
or permit to be operated a motor-driven vehicle, which includes but
is not limited to dirt bikes, trail bikes, minibikes, motor scooters,
go-carts, swamp buggies, mopeds and snowmobiles and any other motor-driven
vehicle operated or otherwise in use on or in places other than public
highways to the extent permitted by law, within the Township of Brick,
under the following circumstances:
A.
On private property of another without the express,
prior written consent of the owner and the occupant of said property.
B.
On any public grounds or property, except as expressly
permitted by this Code.
C.
In such manner as to create loud, unnecessary or unusual
noise so as to disturb or interfere with the peace and quiet of others.
D.
In a careless, reckless or negligent manner so as
to endanger or be likely to unreasonably disturb the peace or endanger
the safety or property of any person.
Any person who violates any one or more of the provisions of this article shall be subject to the penalties as provided in Chapter 1, § 1-15, General penalty. In the case of a continuing violation or violations, penalties as provided § 1-15, General penalty, may be assessed for each day that said violation or violations are not corrected. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
