[HISTORY: Adopted by the Township Committee of the Township of Lacey
11-23-1993 as Ord. No. 93-90 (Ch. 75A of the 1974 Code). Amendments noted
where applicable.]
The purpose of this chapter is to control and regulate off-road motor
vehicles within the Township of Lacey in order to preserve the public peace
and order and protect the health, safety and welfare of the general public
of the Township of Lacey.
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 a helper motor and commonly referred to, among other designations,
as a "moped," "minibike," "go-cart," "all-terrain vehicle," "trail bike,"
or the like 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 similar 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 of Lacey not defined as public property
or part of the road system.
Lands owned or leased by the Township of Lacey, a municipal corporation
of the State of New Jersey; the County of Ocean; or the State of New Jersey;
the Board of Education of the Township of Lacey; 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 a 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 sportbike who is in violation of § 238-3B of this chapter.
It shall be unlawful:
A.
To operate a motor vehicle of any type, as defined herein,
upon public or private property, with or without permission of the landowner,
during the period of one (1) hour after sunset to one (1) hour before sunrise.
B.
To operate a motorized sportbike 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 person for display
to the authorities. The failure to disclose such written consent shall constitute
a violation hereunder.
C.
To operate a motorized sportbike or motorcycle on public or private property other than in accordance with the general regulations set forth in § 238-4 of this chapter.
D.
To operate a motorized sportbike or motorcycle 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 cropland.
E.
To operate a motorized sportbike or motorcycle on public
or private property without the same being in "proper operating condition,"
which is hereby 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 or the equivalent thereof.
F.
To operate a motorized sportbike 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.
The following regulations shall apply to the operation of a motorized
sportbike or motorcycle operated on public or private property, other than
the property of the family of which the operator is a member:
A.
No person operating a motorized sportbike or motorcycle
shall engage in fancy or trick riding or ride without maintaining full control
of such motorized sportbike or motorcycle or remove both hands from the handlebar.
B.
No person operating a motorized sportbike or motorcycle
shall carry any other person, except in a place designated therefor and equipped
therefor as part of the original manufacture for said purpose, and in no event
shall a rider be carried on the handlebar thereof.
C.
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.
D.
This chapter shall not be applicable to any recognized
organization which has obtained permission from the Township of Lacey to use
said lands for the sole purpose of holding organized and supervised rallies,
races and/or meets.
E.
It shall be unlawful for any person to operate any vehicle
equipped with a muffler cutout, muffler bypass or similar device.
Any police officer may, at his discretion:
A.
Impound any motorized sportbike or motorcycle operated
on public or private property alleged to be a violation of this chapter, either
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 sportbike or motorcycle operating on the public roadways in violation of any then-applicable state statute or any regulation validly promulgated by any state agency having jurisdiction. Said period of 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 309, Towing and Storage. The Chief of Police 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.[1]
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
dollars ($1,000.), 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.
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.
