Bill Text: NJ A5511 | 2018-2019 | Regular Session | Amended

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Bill Title: Revises certain penalties for illegal operation of snowmobile, all-terrain vehicle, or dirt bike.**

Spectrum: Partisan Bill (Democrat 9-0)

Status: (Passed) 2020-01-21 - Approved P.L.2019, c.505. [A5511 Detail]

Download: New_Jersey-2018-A5511-Amended.html

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[First Reprint]

ASSEMBLY, No. 5511

STATE OF NEW JERSEY

218th LEGISLATURE

 

INTRODUCED JUNE 6, 2019

 

 

Sponsored by:

Assemblyman  WILLIAM W. SPEARMAN

District 5 (Camden and Gloucester)

Assemblywoman  PATRICIA EGAN JONES

District 5 (Camden and Gloucester)

Assemblywoman  VERLINA REYNOLDS-JACKSON

District 15 (Hunterdon and Mercer)

 

Co-Sponsored by:

Assemblymen Holley and Verrelli

 

 

 

 

SYNOPSIS

     Eliminates certain penalties for illegal operation of snowmobile, all-terrain vehicle, or dirt bike; authorizes municipality to designate illegally operated vehicle as prime facie contraband.

 

CURRENT VERSION OF TEXT

     As reported by the Assembly Transportation and Independent Authorities Committee on December 9, 2019, with amendments.

  

An Act concerning snowmobiles ¹, dirt bikes,¹ and all-terrain vehicles ¹[and] ,¹ supplementing P.L.1973, c.307 (C.39:3C-1 et seq.) ¹, and amending N.J.S.2C:64-1¹.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    ¹(New section)¹  a.  ¹[A] Except as provided in subsections e. and f. of this section, a¹ snowmobile ¹[or] ,¹ all-terrain vehicle ¹, or dirt bike¹ operated on any public street, highway, or right-of-way in violation of section 17 of P.L.1973, c.307 (C.39:3C-17) shall be impounded by the law enforcing agency and subject to a fee and costs as hereinafter provided:

     (1)   For a first offense, the snowmobile ¹[or] ,¹ all-terrain vehicle ¹, or dirt bike¹ shall be impounded for not less than ¹[48 hours] seven days¹ and shall be released to the registered owner upon proof of registration and insurance and payment of a fee of $500 payable to the municipality, plus reasonable towing and storage costs.

     (2)   For a second or subsequent offense, the snowmobile ¹[or] ,¹ all-terrain vehicle ¹, or dirt bike¹ shall be impounded for not less than ¹[96 hours] 14 days¹ and shall be released to the registered owner upon proof of registration and insurance and payment of a fee of $750 payable to the municipality, plus reasonable towing and storage costs.

     b.    If the registered owner ¹of a snowmobile, all-terrain vehicle, or dirt bike impounded pursuant subsection a. of this section¹ fails to claim the impounded snowmobile ¹[or] ,¹ all-terrain vehicle ¹, or dirt bike¹ and pay all outstanding fees and costs by midnight of the 30th day following the day on which the  snowmobile ¹[or] ,¹ all-terrain vehicle ¹, or dirt bike¹ was impounded, that snowmobile ¹[or] ,¹ all-terrain vehicle ¹, or dirt bike¹ may be sold at ¹public¹ auction.  Notice of the sale shall be given by the impounding entity by certified mail to the owner of the snowmobile or all-terrain vehicle, if the owner's name and address are known, and to the holder of any security interest filed with the Chief Administrator of the New Jersey Motor Vehicle Commission, and by publication in a form prescribed by the ¹[director] chief administrator¹ by one insertion, at least five days before the date of the sale, in one or more newspapers published in this State and circulating in the municipality in which the snowmobile ¹[or] ,¹ all-terrain vehicle ¹, or dirt bike¹ is impounded.

     c.     At any time prior to ¹[the] a¹ sale ¹pursuant to subsection b. of this section¹, the owner or other person entitled to the snowmobile ¹[or] ,¹ all-terrain vehicle ¹, or dirt bike¹ may reclaim possession upon showing proof of registration and insurance and paying all outstanding fees and costs associated with the impoundment, and reasonable towing and storage costs.

     The owner-lessor of ¹[an impounded] a¹ snowmobile ¹[or] ,¹ all-terrain vehicle ¹, or dirt bike impounded pursuant to paragraph (1) or (2) of subsection a. of this section¹ shall be entitled to reclaim possession without payment and the lessee shall be liable for all outstanding fees and costs associated with the impoundment, towing and storage of the snowmobile or all-terrain vehicle.

     d.    Any proceeds obtained from the sale of a snowmobile ¹[or] ,¹ all-terrain vehicle ¹, or dirt bike¹ at public auction pursuant to subsection b. of this section in excess of the amount owed to the impounding entity for the reasonable costs of towing and storage and any fees or other costs associated with the impoundment of the snowmobile ¹[or] ,¹ all-terrain vehicle ¹, or dirt bike¹ shall be returned to the owner of that snowmobile ¹[or] ,¹ all-terrain vehicle ¹, or dirt bike¹, if ¹[his] the owner's¹ name and address are known.  If the owner's name and address are unknown or ¹[such] the¹ person or entity cannot be located, the net proceeds shall be administered in accordance with the "Uniform Unclaimed Property Act," R.S.46:30B-1 et seq.

     ¹e.   A snowmobile, all-terrain vehicle, or dirt bike operated in a municipality that has enacted an ordinance pursuant to section 4 of P.L.     , c.    (C.        ) (pending before the Legislature as this bill) designating a snowmobile, all-terrain vehicle, or dirt bike operated in violation of section 17 of P.L.1973, c.307 (C.39:3C-17) as prima facie contraband shall be subject to the forfeiture provisions of chapter 64 of Title 2C of the New Jersey Statutes. 

     f.     A municipality may destroy a snowmobile, all-terrain vehicle, or dirt bike designated as prima facie contraband pursuant to section 4 of P.L.     , c.    (C.        ) (pending before the Legislature as this bill) upon its return to the municipality pursuant to the provision of N.J.S.2C:64-2.¹ 

 

     2.    ¹(New section )¹  A person who operates a snowmobile ¹[or] ,¹ all-terrain vehicle ¹, or dirt bike¹ on any public street, highway or right-of-way in violation of section 17 of P.L.1973, c.307 (C.39:3C-17) shall:

     a.     For a first offense, be ¹[subject to a fine of $250 and the suspension or postponement of their driving privileges for 30 days. Upon conviction, the court shall forward a report to the New Jersey Motor Vehicle Commission stating the first and last day of the suspension or postponement period imposed by the court under this section.  If a person at the time of the imposition of the sentence is less than 17 years of age, the period of license postponement, including a suspension or postponement of the privilege of operating a motorized bicycle, shall commence on the day the sentence is imposed and shall run for a period of 30 days after the person reaches the age of 17 years] ordered by the court to perform community service for a period of 30 days, which shall be of a form and on terms as the court shall deem appropriate under the circumstances¹.

     b.    For a second offense, be ¹[subject to a fine of $500 and the suspension or postponement of their driving privileges for six months.  Upon conviction, the court shall forward a report to the New Jersey Motor Vehicle Commission stating the first and last day of the suspension or postponement period imposed by the court under this section.  If a person at the time of the imposition of the sentence is less than 17 years of age, the period of license postponement, including a suspension or postponement of the privilege of operating a motorized bicycle, shall commence on the day the sentence is imposed and shall run for a period of six months after the person reaches the age of 17 years] ordered by the court to perform community service for a period of 60 days, which shall be of a form and on terms as the court shall deem appropriate under the circumstances¹.

     c.     For a third or subsequent offense, be ¹[subject to a fine of $1,000 and the suspension or postponement of their driving privileges for two years.  Upon conviction, the court shall forward a report to the New Jersey Motor Vehicle Commission stating the first and last day of the suspension or postponement period imposed by the court under this section.  If a person at the time of the imposition of the sentence is less than 17 years of age, the period of license postponement, including a suspension or postponement of the privilege of operating a motorized bicycle, shall commence on the day the sentence is imposed and shall run for a period of two years after the person reaches the age of 17 years] ordered by the court to perform community service for a period of 90 days, which shall be of a form and on terms as the court shall deem appropriate under the circumstances¹ .

 

     ¹3.   (New section )  The Legislature finds and declares that:

     a.     Snowmobiles, all-terrain vehicles, and dirt bikes are strictly regulated in this State.  In order to protect the public's safety and mitigate detrimental effects of these vehicles on the environment, these vehicles, with limited exceptions, may lawfully only be operated on designated sites. 

     b.    State law explicitly restricts the operation of these vehicles on public streets and highways, except for the limited purpose of crossing or paralleling the road in order to get to a designated site.

     c.     State law also requires snowmobiles, all-terrain vehicles, and dirt bikes to be registered and insured, and requires passengers to wear protective helmets.

     d.    Despite regulation of these vehicles under current law, snowmobiles, all-terrain vehicles, and dirt bikes are being operated illegally, in increasing numbers, in certain municipalities in the State.  This illegal operation has caused a number of deaths and serious bodily injuries to passengers as well as innocent bystanders.

     e.     The unlawful use of snowmobiles, all-terrain vehicles, and dirt bikes on public roads, parks, and other public spaces has threatened the public safety and caused damage to these spaces. 

     f.     The purpose of this act is to provide additional resources to law enforcement in order to protect the citizens of this State, as well as public lands, by enabling a municipality to enact an ordinance designating snowmobiles, all-terrain vehicles, and dirt bikes illegally operated in the municipality as prima facie contraband subject to civil asset forfeiture.¹

 

     ¹4.   The governing body of a municipality may enact an ordinance designating any snowmobile, all-terrain vehicle, and dirt bike operated on any public street, highway, or right-of-way in violation of section 17 of P.L.1973, c.307 (C.39:3C-17) as prima facie contraband subject to forfeiture in accordance with the procedures set forth in chapter 64 of Title 2C of the New Jersey Statutes.¹

 

     ¹5.   N.J.S.2C:64-1 is amended to read as follows:

     2C:64-1.  Property Subject to Forfeiture.

     a.     Any interest in the following shall be subject to forfeiture and no property right shall exist in them:

     (1)   Controlled dangerous substances[,]; firearms which are unlawfully possessed, carried, acquired or used[,]; illegally possessed gambling devices[,]; untaxed or otherwise contraband cigarettes or tobacco products[,]; unlawfully possessed container e-liquid[,]; untaxed special fuel[,]; unlawful sound recordings and audiovisual works; snowmobiles, all-terrain vehicles, and dirt bikes illegally operated in a municipality that has enacted an ordinance pursuant to section 4 of P.L.     , c.    (C.        ) (pending before the Legislature as this bill); and items bearing a counterfeit mark.  These shall be designated prima facie contraband.

     (2)   All property which has been, or is intended to be, utilized in furtherance of an unlawful activity, including, but not limited to, conveyances intended to facilitate the perpetration of illegal acts, or buildings or premises maintained for the purpose of committing offenses against the State.

     (3)   Property which has become or is intended to become an integral part of illegal activity, including, but not limited to, money which is earmarked for use as financing for an illegal gambling enterprise. 

     (4)   Proceeds of illegal activities, including, but not limited to, property or money obtained as a result of the sale of prima facie contraband as defined by subsection a. (1), proceeds of illegal gambling, prostitution, bribery and extortion. 

     b.    Any article subject to forfeiture under this chapter may be seized by the State or any law enforcement officer as evidence pending a criminal prosecution pursuant to [section 2C:64-4] N.J.S.2C:64-4 or, when no criminal proceeding is instituted, upon process issued by any court of competent jurisdiction over the property, except that seizure without such process may be made when not inconsistent with the Constitution of this State or the United States, and when

     (1)   The article is prima facie contraband; or

     (2)   The property subject to seizure poses an immediate threat to the public health, safety or welfare. 

     c.     For the purposes of this section:

     "All-terrain vehicle" shall have the same meaning as provided in section 1 of P. L.1973, c.307 (C.39:3C-1).

     "Dirt bike" shall have the same meaning as provided in section 1 of P. L.1973, c.307 (C.39:3C-1).

     "Items bearing a counterfeit mark" means items bearing a counterfeit mark as defined in N.J.S.2C:21-32.

     "Snowmobile" shall have the same meaning as provided in section 1 of P. L.1973, c.307 (C.39:3C-1).

     "Unlawful sound recordings and audiovisual works" means sound recordings and audiovisual works as those terms are defined in N.J.S.2C:21-21 which were produced in violation of N.J.S.2C:21-21.

     "Unlawfully possessed container e-liquid" means container e-liquid as defined in section 2 of P.L.1990, c.39 (C.54:40B-2) that is possessed for retail sale by a person that is not licensed as a vapor business pursuant to section 4 of P.L.2019, c.147 (C.54:40B-3.3).

     "Untaxed special fuel" means diesel fuel, No. 2 fuel oil and kerosene on which the motor fuel tax imposed pursuant to [R.S.54:39-1 et seq.] P.L.2010, c.22 (C.54:39-101 et al.) is not paid that is delivered, possessed, sold or transferred in this State in a manner not authorized pursuant to [R.S.54:39-1 et seq.] P.L.2010, c.22 (C.54:39-101 et al.) or P.L.1938, c.163 (C.56:6-1 et seq.).¹

(cf: P.L.2019, c.147, s.10)

 

     ¹6.   (New Section)  a.  It shall be the duty of any law enforcement officer who knows, or has reasonable cause to believe, that a person is 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. 

     b.    A snowmobile, all-terrain vehicle, or dirt bike seized pursuant to subsection a. of this section shall be subject to the provisions of section 1 of P.L.     , c.    (C.        ) (pending before the Legislature as this bill):¹

 

     ¹[3.] 7.¹     This act shall take effect on the first day of the third month following enactment.