[HISTORY: Adopted by the Township Council of the Township
of Vernon 8-6-1984 by Ord. No.
84-14. Amendments noted where applicable.]
Increased use of motorized sport bikes throughout the Township,
without any regard for the rights of the property owners whose property
is used for the operation of these motorized sport bikes, without
the permission of said landowners, and without regard for the noise
emanating from said motorbikes, and the dirt and dust raised up into
the air by the operation of these motorized sport bikes, has increased
to such a degree that these motorized sport bikes are not only hazardous
and detrimental to property owners and residents but also to those
who operate them with no regard for their own safety or the safety
of others.
As used in this chapter, the following terms shall have the
meanings indicated:
Any two-, three- or four-wheeled bicycle that is motor-propelled
or contains a motor to assist the operation of said vehicle and which
vehicles are commonly referred to as dirt bikes, minibikes, go-carts,
all-terrain vehicles (ATV), dune buggies, and trail bikes, which vehicles
by their nature and design are not intended to be used and operated
along paved roads and highways but are intended rather to be operated
in dirt, sand, up and down hills, along trails, and in similar type
areas.
All lands and buildings in the Township of Vernon not included
in the definition of "public property" or part of the public road
system.
Lands and buildings owned or leased by the Township of Vernon,
the Vernon Township Board of Education, the County of Sussex, or the
State of New Jersey or any other equivalent public body. This definition
specifically excludes any public roadways owned or maintained by any
of the aforementioned public entities.
It shall be unlawful:
A.
To operate a motorized sport bike upon public property at any time.
B.
To operate a motorized sport bike on private property, other than
that private property owned by the family of the operator, without
the written consent of all of the owners of the private property.
C.
To operate a motorized sport bike during the period of one hour after
sunset until four hours after sunrise.
D.
To operate a motorized sport bike, that either cannot be registered
with the Director of the Division of Motor Vehicles or is not registered
with the Director of the Division of Motor Vehicles, upon any public
street, roadway, highway, or within the boundaries of the public right-of-way
within the Township of Vernon.
E.
To operate a motorized sport bike that causes noises that are disturbing
and bothersome to adjoining property owners.
F.
To operate a motorized sport bike so as to cause it to propel sand,
dirt, dust, rocks, gravel, or other similar materials into the air
so as to be likely to injure persons and/or damage property.
G.
To operate a motorized sport bike on public or private property in
such a way as to harass, worry, or disturb farm animals, domestic
livestock, or wildlife, or further to destroy or damage crops or farm
produce.
H.
To operate a motorized sport bike without the motorized sport bike
containing a muffler or other similar device to reduce the sound coming
from the engine of the vehicle.
I.
To operate a motorized sport bike near any public roadway so that
the operation of said motorized sport bike would cause operators of
automobiles, motorcycles, or trucks to have to take evasive or irregular
action to move away from said motorized sport bike.
J.
To operate a motorized sport bike near any public roadway so that
the operation of said motorized sport bike would cause operators of
automobiles, motorcycles, or trucks to have to take evasive or irregular
action to move away from said motorized sport bike.
K.
To operate a motorized sport bike without the motorized sport bike
being in proper operating condition, which means that all of the original
operating equipment specified by the original manufacturer must be
present on the bike or replacement equipment equal to the specifications
of the original manufacturer's equipment are present and in operating
condition at least equal to the manufacturer's requirements for
the proper operation thereof.
L.
To operate a motorized sport bike on any private street or right-of-way
within the Township of Vernon without the permission of the owner
of the private street or right-of-way.
[Amended 8-9-2004 by Ord.
No. 04-24; 6-13-2005 by Ord. No. 05-17]
M.
To operate a motorized sport bike in a careless, reckless, or negligent
manner which endangers the safety of any person, including the operator
himself, or the property of any person.
N.
To operate a motorized sport bike while under the influence of liquor
or drugs in accordance with the requirements of N.J.S.A. 39:4-50.
A.
The operator of a motorized sport bike shall wear a helmet upon his
head and goggles or face shields on his face.
B.
No person operating a motorized sport bike or motorcycle shall engage
in fancy or trick riding or ride without maintaining full control
of the motorized sport bike or remove both hands from the handlebar.
C.
No person operating a motorized sport bike shall carry any other
person on it except in a place designated for such purpose and equipped
for such purpose as part of the original manufacture for said purpose.
B.
The period of impoundment for the motorized sport bike shall be from
the date of the alleged violation until the disposition of the alleged
offense by the Vernon Township Municipal Court, or other court of
competent jurisdiction. The owner and operator shall be responsible
to pay the reasonable cost of the removal of the motorized sport bike
and for the storage constituting the impoundment, which costs are
to be in accordance with the Rate Schedule of the Rules and Regulations
Governing Towing Services within the Township of Vernon. The expense
of removal and storage shall be in addition to any other fine or penalty
levied or collected under the terms of this chapter.
[Amended 8-9-2004 by Ord.
No. 04-24; 6-13-2005 by Ord. No. 05-17]
In addition to the impoundment penalties set forth in § 542-5 of this chapter, for any conviction of or plea of guilty to a violation of the terms of § 542-3, Unlawful acts, and/or § 542-4, Operation of motorized sport bikes, of this chapter, the offender shall be liable for a penalty of not less than $100 nor more than $1,250 and may be sentenced to a period of community service not to exceed 90 days for the first offense. For a second offense which occurs within one year of a plea of guilty or a conviction for a prior offense, the offender shall be liable for a penalty of not less than $100 nor more than $1,250, may be sentenced to a period of imprisonment not to exceed 90 days and shall be sentenced to a period of community service of not less than 10 days nor more than 90 days. For a third offense and for each subsequent offense which occurs within one year of a plea of guilty or a conviction for a prior offense, the offender shall be liable for a penalty of not less than $100 nor more than $1,250, shall be sentenced to a period of imprisonment not to exceed 90 days and shall be sentenced to a period of community service of not less than 30 days nor more than 90 days.
