[HISTORY: Adopted by the Township Committee of the Township
of Ocean by Ord. No. 1994-11 (§ 5-14
of the 1972 Ocean Codified Ordinances). Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 385.
The Township Committee believes that the proliferation of off-road
motor vehicles, many of which are uninsured and unregistered, being
operated on both public and private property, poses grave threat to
the public health, safety and welfare to the general public of the
Township as well as the public peace of local residents.
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 operation upon
the public highways.
Any two-, three- or four-wheeled bicycle or similar apparatus
motor propelled or having helper motor and commonly referred to, among
other designations, as "moped," "minibike," "go-cart," "all-terrain
vehicle," "trail bike" or "the bike," 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 operation upon
the public highways;
A snowmobile and any 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 Township not defined as public property
or part of the road system.
Lands owned or leased by the Township, municipal corporation
of the State of New Jersey, the County of Ocean, the State of New
Jersey, the United States of America, the Board of Education of the
Township, the Ocean County Vocational Board of Education or any other
equivalent public body, but specifically excluding therefrom any roadways
being used for public transportation and being part of the accepted
road system of the Township, the county or the State of New Jersey.
The operator of any motor vehicle who does not hold 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 sport bike who is in violation of § 390-3.
[Amended by Ord. 2002-29]
A.
It is unlawful
to:
(1)
Operate a motorcycle or motorized sport bike, as defined herein,
upon public or private property, with or without the permission of
the landowner, during the period of one hour after sunset to one hour
before sunrise;
(2)
Operate a motorized sport bike or motorcycle, as a licensed or unlicensed
operator, on private property other than with the written consent
of all of the owners of said property. When such written consent has
been obtained, the operator shall keep the same on his/her person
for display to the authorities. The failure to disclose such written
consent shall constitute a violation hereunder;
(3)
Operate a motorized sport bike or motorcycle on public or private property other than in accordance with general regulations set forth in § 390-4;
(4)
Operate a motorized sport bike or motorcycle on public or private
property in such way as to harass, worry or disturb farm animals,
domestic livestock or wildlife, or further to destroy or damage crops
or cropland;
(5)
Operate a motorized sport bike or motorcycle on public or private
property without the same being in "proper operating condition," which
is 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 of the equivalent thereof;
(6)
Operate motorized sport bike or motorcycle on public or private property
in a careless, reckless or negligent manner so as to endanger the
safety or property of any person or public or private property.
B.
No person operating a motorized sport bike, motorcycle or snowmobile,
shall engage in fancy or trick riding or ride without maintaining
full control of such motorized sport bike, motorcycle or snowmobile,
nor shall any person operating such a motorized sport bike, motorcycle
or snowmobile remove both hands from the steering mechanism of the
vehicle while it is in operation.
C.
No person operating a motorized sport bike, motorcycle or snowmobile
shall carry any other person, except in a place specifically designated
therefor by the manufacturer of the vehicle and further provided that
the vehicle is equipped therefor and in no event shall a rider be
carried on the handlebar or any similar portion of the vehicle.
[Amended by Ord. No. 2002-29]
The following regulations shall apply to the operation of a
motorized sport bike or motorcycle operated on public or private property,
other than the property of immediate family of which the operator
is a member:
A.
It shall not be unlawful for any public employee or other party with
an appropriate permit to operate motor vehicles in said locations
for the purpose of maintaining, repairing or doing work upon said
lands for the public good.
B.
This chapter shall not be applicable to any recognized organization
who has obtained permission from the Township to use said lands for
the sole purpose of holding organized and supervised rallies, races
and/or meets.
C.
It is unlawful for any person to operate any vehicle equipped with
a muffler cutout, muffler bypass or similar device.
[Amended by Ord. No. 2002-29]
Any police officer may, at his/her discretion:
A.
Impound any motorized sport bike or motorcycle operated on public
or private 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 sport bike or motorcycle operating on the public
highway in violation of any men applicable state statute or any regulation
promulgated by any state agency having jurisdiction. Such period of
impoundment shall be 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 such removal storage constituting impoundment, which is deemed
to be $18 per day for unsecured storage and $40 per day for secured
storage. The Chief of Police, or his/her designee, may authorize early
release. Such expense of impoundment shall be in addition to any other
fine or penalty levied or collected under the terms of this chapter.
[Amended by Ord. No. 2002-29]
A.
Any person violating or failing to comply with the provisions of
this chapter shall, upon conviction thereof, be punishable by a fine
of not less than $100 nor more than $1,250 or by imprisonment for
a term not to exceed 90 days or by community service of not more than
90 days, or any combination of fine, imprisonment and community service
as determined in the discretion of the municipal court judge. However,
in no event shall the minimum penalty upon conviction be less than
$100. Upon conviction of a second offense, the minimum fine shall
be $500, plus a minimum of 15 days community service. Any person or
persons allowing a motorized sport bike, motorcycle or snowmobile
to be operated by any individual in violation of the provisions of
this chapter, may be punished as provided above for each separate
offense.
B.
The violation of any provision of this chapter shall be subject to
abatement summarily by a restraining order or injunction issued by
a court of competent jurisdiction.
