New Jersey § 39:3c-35

§ 39:3c-35.

a. Except as provided in subsection e. of this section, a snowmobile, all-terrain vehicle, or 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 ) 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, all-terrain vehicle, or dirt bike shall be

impounded for not less than seven days 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, all-terrain vehicle, or dirt

bike shall be impounded for not less than 14 days 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 of a snowmobile, all-terrain vehicle, or dirt bike impounded

pursuant to subsection a. of this section fails to claim the impounded snowmobile,

all-terrain vehicle, or dirt bike and pay all outstanding fees and costs by midnight

of the 30th day following the day on which the snowmobile, all-terrain vehicle, or

dirt bike was impounded, that snowmobile, all-terrain vehicle, or dirt bike may be

sold at public 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 chief administrator 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, all-terrain vehicle, or dirt bike is impounded. c. At any time prior to a sale pursuant to subsection b. of this section, the owner

or other person entitled to the snowmobile, all-terrain vehicle, or dirt bike 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 a snowmobile, all-terrain vehicle, or dirt bike impounded pursuant

to paragraph (1) or (2) of subsection a. of this section 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, all-terrain vehicle, or dirt

bike 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, all-terrain

vehicle, or dirt bike shall be returned to the owner of that snowmobile, all-terrain

vehicle, or dirt bike, if the owner's name and address are known. If the owner's name and address are unknown or the 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. e. A municipality may by ordinance declare that an all-terrain vehicle or 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 ) poses an immediate threat to the public health, safety, or welfare and designate

such all-terrain vehicles or dirt bikes so operated as contraband subject to forfeiture

in accordance with the provisions of N.J.S.2C:64-1 et seq. An all-terrain vehicle or dirt bike forfeited pursuant to the provisions of N.J.S.2C:64-1 et seq. as authorized by this subsection shall be disposed of in accordance with the provisions

of N.J.S.2C:64-6 or, at the discretion of the entity funding the prosecuting agency involved, may

be destroyed.