[HISTORY: Adopted by the Board of Commissioners of the Town of West
New York 8-19-1981 by Ord. No. 1493. Amendments
noted where applicable.]
The purpose of this chapter shall be to set standards for the operation
of motor-driven, off-road vehicles within the Town of West New York so as
to improve standards of safety as well as to minimize the impact of operation
of such vehicles on residents of the town, the public at large and the government.
A.
OFF-ROAD VEHICLE
PERSON
PRIVATE PROPERTY
PUBLIC PROPERTY
TOWN
Definitions. The words hereinafter defined shall have
the meanings herein indicated for the purpose of this chapter, as follows:
A motor-driven vehicle designed primarily for transportation of the driver, including, but not limited to, minibikes, trail bikes, dirt bikes, go-carts, dune buggies, unlicensed motorcycles, other recreational vehicles designed primarily for transportation of the driver on other than public or private roadways or the like, which by its nature is not authorized to be licensed by the State of New Jersey, Department of Motor Vehicles. This chapter shall not apply to lawn mowers and other garden, farm or similar equipment, vehicles required to be registered pursuant to N.J.S.A. 39:1-1 et seq. or mopeds as regulated by Chapter 145, Mopeds.
An individual, firm, partnership, corporation or association or persons.
All lands in the Town of West New York not defined herein as public
property.
Lands owned or leased by the Town of West New York, a municipal corporation
of the State of New Jersey, the County of Hudson, Board of Education or any
other equivalent public body.
The Town of West New York, in the County of Hudson and State of New
Jersey.
B.
Word usage.
(1)
The words "and" and "or" may be used interchangeably,
and either of the two may be applicable, whichever is more conducive towards
the effectuation of this chapter.
(2)
Personal pronouns shall mean either the singular or plural,
whichever is applicable and conducive towards the effectuation of this chapter.
(3)
The masculine, feminine or the neuter gender shall be
implied, whichever is appropriate and conducive towards the effectuation of
this chapter.
A.
All persons owning or having under their control within
the Town of West New York an off-road vehicle, as defined herein shall procure
from the West New York Police Department a police decal number indicating
that the vehicle has been properly tested and registered pursuant to the provisions
of this chapter. The said police decal number shall be obtained on an annual
basis on or before February 1 of each year. Said police decal numbers shall
expire on the last day of December in every year.
B.
The West New York Police Department shall maintain forms
for the registration of off-road vehicles, as defined herein which forms shall
require at least the following information:
(1)
The name and address of the registrant.
(2)
The name and address of the owner, if different from
the registrant.
(3)
The year, make, type, model, color, horsepower and serial
number of the vehicle being registered, as applicable.
(4)
In the case of a registrant under 18 years of age, a
letter from his or her parent or guardian giving the parent or guardian's
name and address, his or her consent to the registration and his or her agreement
to be responsible for the operation of said vehicle according to the terms
of this chapter.
(5)
The number of the police decal issued to the registrant.
C.
The police decal number herein procured shall be affixed
prominently upon the said vehicle, and any person who shall fail to permanently
affix the required police decal number upon the said vehicle shall be a violator
of the provisions of this chapter.
D.
In the event ownership of the said vehicle is transferred,
the new owner shall register said vehicle pursuant to the terms of this section
and secure a new police decal number, if appropriate, within 10 days of effective
ownership.
E.
The West New York Police Department shall collect at
the time of the issuance of each police decal number required by this section,
a fee in the amount of $5 to defray the cost of administering the provisions
of this section of the chapter. The cost for replacing lost, stolen or mutilated
police decal numbers shall be $4.
F.
The registration of an off-road vehicle under the provisions
of this chapter and issuance of a police decal number for said vehicle shall
in no way be deemed a warranty concerning the safeness of the said vehicle,
and the Town of West New York hereby specifically indicates that it will assume
no responsibility for any injury or damage which may occur or result by reason
of the registration or issuance of a police decal number required by this
chapter.
It shall be unlawful to:
A.
Operate an off-road vehicle, as defined herein, on public
or private property within the town other than with the express written consent
of all the owners and lessees of said property.
B.
Operate an off-road vehicle, as defined herein, on public
or private property within the town in such a way so as to harass, annoy,
disturb or injure residents, domestic animals or wildlife or to destroy or
damage said property.
C.
Operate an off-road vehicle, as defined herein, within
the town, which produces a maximum noise greater than 100 decibels measured
at a distance of 20 inches from 45° behind (when measured from the normal
line of travel of the vehicle) and in the horizontal plane of the rear most
exhaust outlet.
(1)
Passage of a noise measurement test may be required at
the time of registration of any off-road vehicle, as defined herein, or by
a police officer investigating a potential violation of this standard, or
both.
(2)
The following procedure shall be utilized in conducting
a measurement test:
(a)
The vehicle shall be tested in a flat, open area, free
of large sound-reflecting objects within 18 feet of the vehicle.
(b)
The sound-level meter must meet or exceed the requirements
of sound-level meter, set for fast or slow response and for the A-weighting
network.
(c)
Ambient (background) noise shall be at least seven decibels
lower than that of the vehicle being tested.
(d)
The vehicle's engine shall be run with the gearbox
in neutral at a speed equal to 1/2 of the manufacturer's recommended
maximum engine speed (red line). If no red line is available at the time of
such test for the particular engine, the engine shall be run at 60% of the
speed at which maximum horsepower is developed or at 50% of full throttle,
as determined by a tachometer.
(3)
It is the intent of the Town of West New York to periodically
reevaluate this noise standard and, if it is determined to be inappropriate,
to adjust said standard and/or procedures to reflect advances in technology.
A.
Any person under the age of 18 years who shall violate
any of the provisions of this chapter shall be deemed to be a juvenile delinquent
and may be proceeded against as such.
B.
Any person over the age of 18 years who shall violate
any of the provisions of this chapter shall upon conviction thereof be punished
by a fine not to exceed $500 or by imprisonment in the county jail for a term
not to exceed 90 days, or both.
It shall be the duty of any police officer to confiscate and impound
any off-road vehicle, as defined herein, when said vehicle is operated within
the town in violation of this chapter in the presence of the said officer
or when said officer has probable cause to believe said vehicle has been operated
in violation of this chapter. Said period of impoundment shall be from the
date of the alleged violation until the final disposition of the alleged offense
by such court of competent jurisdiction as shall hear the same. If the operator
is found guilty of said alleged offense, the owner of the offending vehicle
shall pay the reasonable costs of removal and storage relating to the said
impoundment, which is hereby deemed to be $8 per day. Said expense of impoundment
shall be in addition to any other fine or penalty levied or collected under
the terms of this chapter.
