[HISTORY: Adopted by the City Council of the City of Trenton 5-21-2020 by Ord. No. 20-39. Amendments noted where applicable.]
A. 
Purpose. The purpose of this chapter shall be to set standards for the operation of certain motor-driven off-road vehicles within the City of Trenton to improve public safety standards, minimize the impact of operation of such vehicles on the residents, roads, and public spaces of the City, and to reduce injury to bystanders, drivers, passengers, and the environment.
B. 
Scope. Except where the context indicates otherwise, the provisions of this chapter shall apply to all persons except employees of the City in the performance of their duties.
C. 
This chapter shall conform with Title 39, Chapter 3C, of the New Jersey Revised Statutes. All state requirements must be fulfilled, and all state regulations must be obeyed. Similarly, all owners and operators of snowmobiles, all-terrain vehicles, and dirt bikes shall, when operating such across a public highway or on public land or waters, comply with the following provisions of Chapter 4 of Title 39 of the Revised Statutes: N.J.S.A. 39:4-48 through 39:4-51; N.J.S.A. 39:4-64; N.J.S.A. 39:4-72; N.J.S.A. 39:4-80; N.J.S.A. 39:4-81; N.J.S.A. 39:4-92; N.J.S.A. 39:4-96 through 39:4-98; N.J.S.A. 39:4-99; N.J.S.A. 39:4-100; N.J.S.A. 39:4-104; N.J.S.A. 39:4-129 through 39:4-134; N.J.S.A. 39:4-203, as well as any other applicable state law.
A. 
The motor-driven off-road vehicles subject to this chapter include but are not limited to the following: all-terrain vehicles (ATVs), dirt bikes, and snowmobiles, as well as other motor-driven vehicles designed primarily for transportation of the driver, such as motorbikes, minibikes, trailbikes, unlicensed motorcycles, mopeds, motor scooters, guards, go-carts, dune buggies, and any other recreational vehicles motorized and used for transportation of the driver. Definitions of the following terms reflect the language of P.L. 1973, c. 307 (N.J.S.A. 39:3C-1) and P.L. 2009, c. 275 (N.J.S.A. 39:3C-33 and 39:3C-34):
ALL-TERRAIN VEHICLE or ATV
A motor vehicle, designed and manufactured for off-road use only, of a type possessing between three and six rubber tires and powered by a gasoline engine not exceeding 600 cubic centimeters, but shall not include golf carts or any all-terrain vehicle operated by an employee or agent of the State of New Jersey and used while in the performance of the employee's or agent's official duties.
DIRT BIKE
Any two-wheeled motorcycle that is designed and manufactured for off-road use only and that does not comply with Federal Motor Vehicle Safety Standards or United States Environmental Protection Agency on-road emissions standards.
OFF-ROAD VEHICLE
Any motorized vehicle with two or more wheels or tracks that is capable of being operated off of regularly improved and maintained roads, including, but not limited to, motorcycles as defined in N.J.S.A. 39:1-1, snowmobiles and all-terrain vehicles, and dirt bikes as defined in Section 5 of P.L. 1991, c. 496 (N.J.S.A. 2A:42A-6.1).
SNOWMOBILE
Any motor vehicle, designed primarily to travel over ice or snow, of a type which uses sled-type runners, skis, an endless belt tread, cleats or any combination of these or other similar means of contact with the surface upon which it is operated, but does not include any farm tractor, highway or other construction equipment, or any military vehicle.
B. 
The use of any and all all-terrain vehicles (ATVs), dirt bikes, and snowmobiles, or such similar vehicles as listed in Subsection A of this section intended for off-road use, unless otherwise specified, is hereby prohibited on or within any City-owned or -operated road, park, or public space.
All vehicles subject to the provisions of this chapter must be registered with the State of New Jersey in accordance with Chapter 39:3C of the New Jersey Revised Statutes.
A. 
Age restrictions. Vehicle operators must adhere to the age requirements set forth by Section 39:3C-16 of the New Jersey Revised Statutes:
(1) 
A person under the age of 14 years shall not operate or be permitted to operate any snowmobile, all-terrain vehicle, or dirt bike on public lands or waters or across a public highway.
(2) 
A person less than 16 years of age shall not operate on public lands or waters or across a public highway of this state an all-terrain vehicle with an engine capacity greater than 90 cubic centimeters.
(3) 
A person less than 18 years of age shall not operate a snowmobile, all-terrain vehicle, or dirt bike registered in this state on public lands or waters or across a public highway of this state unless the person has completed a safety education and training course established or certified by the Commissioner pursuant to Section 15 of P.L. 1973, c. 307 (N.J.S.A. 39:3C-15). At all times during the operation of the snowmobile, all-terrain vehicle, or dirt bike, the person shall possess a certificate indicating successful completion of the course.
B. 
Mandatory insurance. No such vehicle shall be operated unless insured in accordance with Section 39:3C-20 of the New Jersey Revised Statutes.
C. 
Unlawful activities. As per Section 39:3C-19 of the New Jersey Revised Statutes, it shall be unlawful for:
(1) 
Any person to operate or ride as a passenger on any snowmobile, all-terrain vehicle, or dirt bike without wearing a protective helmet approved by the Chief Administrator of the New Jersey Motor Vehicle Commission. Any helmet shall be of a type acceptable for use in conjunction with motorcycles as provided in Sections 6 to 9 of P.L. 1967, c. 237 (N.J.S.A. 39:3-76.7 through 39:3-76.10).
(2) 
Any person to operate a snowmobile, all-terrain vehicle, or dirt bike that is not equipped with working headlights, taillights, brakes, and proper mufflers as supplied by the motor manufacturer for the particular model, without modifications, nor shall any person operate any snowmobile, all-terrain vehicle, or dirt bike in any manner as to cause a harsh, objectionable, or unreasonable noise.
(3) 
Any person to operate a snowmobile, all-terrain vehicle, or dirt bike at any time and in any manner intended or reasonably to be expected to harass, drive, or pursue any wildlife.
(4) 
Any person to operate any snowmobile, all-terrain vehicle, or dirt bike during the hours from half an hour before sunset to half an hour after sunrise without having lighted headlights and lighted taillights.
(5) 
Any person to operate any snowmobile, all-terrain vehicle, or dirt bike on the land of another without first securing the permission of the landowner or the landowner's duly authorized representative.
(6) 
Any person to operate a snowmobile, all-terrain vehicle, or dirt bike upon railroad or right-of-way of an operating railroad, except railroad personnel in the performance of their duties.
(7) 
Any person to violate any provision of P.L. 1973, c. 307 (N.J.S.A. 39:3C-1 et seq.) or any rule or regulation adopted pursuant to P.L. 1973, c. 307 (N.J.S.A. 39:3C-1 et seq.).
D. 
Mandatory equipment. All ATVs, dirt bikes, and snowmobiles operating must comply with the equipment requirements of Section 39.3C-24 of the New Jersey Revised Statutes:
(1) 
Headlights. At least one white or amber headlamp having a minimum candlepower of sufficient intensity to reveal persons and vehicles at a distance of at least 100 feet ahead during hours of darkness under normal atmospheric conditions.
(2) 
Taillights. At least one red taillamp having a minimum candlepower of sufficient intensity to exhibit a red light plainly visible from a distance of 500 feet to the rear during hours of darkness under normal atmospheric conditions.
(3) 
Brakes. A brake system in good mechanical condition.
(4) 
Reflector material. Reflector material of a minimum area of 16 square inches mounted on each side of the cowling. Registration numbers or other decorative material may be included in computing the required sixteen-square-inch area.
(5) 
Mufflers. An adequate muffler system in good working condition.
E. 
Noise and nuisances. All such vehicles must comply with Chapter 167, Noise, and Chapter 171, Nuisances, of the Trenton City Code.
A. 
By the authority granted to municipalities by the State Act supplementing P.L. 1973, c. 307 (N.J.S.A. 39:3C-1 et seq.) and amending N.J.S.A. 2C:64-1, an ATV, dirt bike, or snowmobile shall be designated by the City of Trenton as prima facie contraband and subject to the forfeiture provisions of Chapter 64 of Title 2C of the New Jersey Statutes.
B. 
It shall be the duty of any law enforcement officer who knows, or has reasonable cause to believe, that a person is engaging or has been engaged in the unlawful operation of a snowmobile, all-terrain vehicle, or dirt bike to investigate and seize any vehicle that the officer knows, or has reasonable grounds to believe, is a snowmobile, all-terrain vehicle, or dirt bike that is or has been operated unlawfully. A law enforcement officer shall not be required to obtain a search warrant to investigate and seize an unlawfully operated vehicle located on private property.
C. 
In addition to the penalties set forth by the state, violations of this chapter shall be punishable by a municipal fine of up to $1,000 as well as confiscation or forfeiture of the vehicle used in violation of the provisions herein. The City of Trenton may destroy a confiscated ATV, dirt bike, or snowmobile in accordance with state law.