[Ord. #2006-19, § 1]
As used in this chapter, the following terms shall have the
meanings indicated:
Includes but is not limited to dirt bikes, trail bikes, minibikes,
motor scooters, go-carts, all-terrain vehicles, swamp buggies, mopeds
and snowmobiles and any other motor-driven vehicle which 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.
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 Plumsted, 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.
C.
In such manner as to create loud, unnecessary or unusual noise so
as to disturb or interfere with the peace and quiet of other persons.
D.
In a careless, reckless or negligent manner so as to endanger or
be likely to endanger the safety or property of any person.
It shall be rebuttably presumed that any person under the age
of eighteen (18) years who operates a motor-driven vehicle in violation
of the terms of this chapter and who resides within or is in the custody
of his or her parent(s), guardian(s) or other person(s) having custody
of said minor is operating said motor-driven vehicle with the sufferance
and permission of said parent(s), guardian(s) or other person(s) having
custody.
[Ord. #2006-19, § 2]
Any police officer may, at his discretion:
A.
Impound any motor-driven vehicle alleged to be operated, or permitted
or suffered to be operated, in violation of this chapter.
B.
Impound any motor-driven vehicle operating on the public roadways
in violation of any then-applicable state statute or any regulation
validly promulgated by any state agency having jurisdiction.
C.
The period of any 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 said removal and storage constituting impoundment, which cost is as set forth in Chapter 58, "Towing and Storing Regulations." The Director of Public Safety or his designee may authorize early release. Said expense of impoundment shall be in addition to any other fine or penalty levied or collected under the terms of this chapter.
[Ord. #2006-19, § 3]
A.
Any person violating or failing to comply with any of the provisions
of this chapter shall, upon conviction thereof, be punishable by a
fine of not less than one hundred dollars ($100) nor more than one
thousand two hundred dollars ($1,200), by imprisonment for a term
not to exceed ninety (90) days or by community service of not more
than ninety (90) days, or any combination of fine, imprisonment and
community service as determined in the discretion of the Municipal
Court Judge. The continuation of such violation for each successive
day shall constitute a separate offense, and the person or persons
allowing or permitting the continuation of the violation may be punished
as provided above for each separate offense.
B.
Any person under the age of eighteen (18) years who shall violate
any of the provisions of this chapter shall be deemed to be a juvenile
delinquent and shall be proceeded against as such.
C.
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.
