[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.]
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.
- A. 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;
- B. 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.
- PRIVATE PROPERTY
- All lands in the Township not defined as public property or part of the road system.
- PUBLIC PROPERTY
- 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.
[Amended by Ord. 2002-29]
It is unlawful to:
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;
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;
Operate a motorized sport bike or motorcycle on public or private property other than in accordance with general regulations set forth in § 390-4;
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;
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;
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.
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.
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:
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.
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.
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:
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;
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]
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.
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.