Township of Elk, NJ
Gloucester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Elk 3-7-2002 by Ord. No. O-2002-1.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 97.
[1]
This ordinance also repealed former Ch. 74, Motor-Propelled Vehicles, Unregistered, adopted 4-1-1982.

§ 74-1 Definitions.

The following words shall, when used in this chapter, be construed to have the following meanings:
MOTOR-PROPELLED VEHICLE
Any vehicle fitted to run on wheels, cleats, skis, skis or runners which is driven or powered by any type of motor or propelled by any other means, except vehicles propelled by muscular power and vehicles running on tracks, and shall include but not be limited to minibikes, go-carts, trail bikes, sport bikes, trikes, motorized sleds, snowmobiles and any similar type of sport vehicle.
PRIVATE PROPERTY
All land in the Township of Elk, in the County of Gloucester, other than public property and other than public streets, roads and highways.
PUBLIC PROPERTY
Lands owned by or leased to the Township of Elk, in the County of Gloucester, or owned by or leased to any other municipal corporation or political subdivision of the State of New Jersey, but excepting and specifically excluding from said definition all public streets, roads and highways in the Township.

§ 74-2 Prohibitions.

A. 
It shall be unlawful for any person to operate a motor-propelled vehicle on any property, either public or private, in the Township of Elk, in the County of Gloucester, unless:
(1) 
The person operating the motor-propelled vehicle is an immediate member of the family of the owner or person in lawful possession of the private property on which the vehicle is operated:
(2) 
The person operating the motor-propelled vehicle has in his possession a consent in writing from the owner or other person lawfully in possession of the property and the motor-propelled vehicle is currently registered as required by the provisions of the New Jersey Motor Vehicle Act; or
(3) 
The person operating the motor-propelled vehicle has in his possession a consent in writing from the owner or other person or entity lawfully in possession of the property and the motor-propelled vehicle is registered with the Elk Township Police Department and has attached thereto a motor-propelled vehicle registration tag issued by the Chief of Police of Elk Township in accordance with the provisions of this chapter as hereinafter set forth.
B. 
It shall be unlawful for any person to remove, destroy, mutilate, alter, counterfeit or make any fascimile of any motor-propelled vehicle registration tag or to attach any registration tag to any vehicle other than the vehicle for which such tag was issued.
C. 
It shall be unlawful for any person to operate a motor-propelled vehicle in the Township of Elk, in the County of Gloucester, in such careless, reckless or negligent manner as to endanger or cause damage to any person or property.
D. 
It shall be unlawful to operate a motor-propelled vehicle in the Township of Elk, in the County of Gloucester, in such a manner as to create loud, unnecessary or unusual noise as to annoy other persons or to disturb or interfere with the peace and quiet of the Township.
E. 
No person operating a motor-propelled vehicle shall carry any passenger or passengers therein or thereon unless said vehicle is specifically equipped for the purpose of carrying one or more passengers, and no person operating a motor-propelled vehicle shall carry more passengers therein or thereon than such vehicle is specifically equipped to carry.

§ 74-3 Registration.

[Amended 5-6-2010 by Ord. No. O-2010-26]
Owners of motor-propelled vehicles which are not registered as required by the provisions of the New Jersey Motor Vehicle Act, N.J.S.A. 39:3-1 et seq., must register such motor-propelled vehicles with the Elk Township Police Department in accordance with the following procedure:
A. 
Application for registration shall be made to the Chief of Police of Elk Township by the owner of such motor-propelled vehicle, or by the owner's parents or other person standing in loco parentis to the owner if the owner is under 18 years of age, on a form to be furnished by said Chief of Police, which shall set forth the name and address of the applicant, the age and occupation of the applicant, the make, model and serial number of the motor-propelled vehicle and such other reasonably required information as said Chief of Police shall deem necessary for the proper enforcement of this chapter.
B. 
The applicant shall pay a registration fee of $20 to the Elk Township Police Department with each application for registration.
C. 
The Chief of Police, or a Township police officer designated by him or her, shall, upon receipt of said signed application and said registration fee, furnish the applicant with a motor-propelled vehicle registration tag which the applicant shall attach to the seat of the vehicle or to some other part of the vehicle so as to be clearly visible from the rear of the vehicle. Said registration tags shall be numbered in numerical order so that each tag shall bear a different number.
D. 
The Chief of Police, or a Township police officer designated by him or her, shall keep and maintain a record of all applications and note on each application the number of the tag issued therefor. Said Chief of Police shall be responsible for the care and custody of all such application forms and other records incident thereof.
E. 
Upon sale of said motor-propelled vehicle, registration cards are to be returned to Elk Township Police Department.

§ 74-4 Violations and penalties.

All persons violating any provision of this chapter shall be subject to the following penalties:
A. 
Any person under 18 years of age who violates or fails to comply with any of the provisions of this chapter shall, for the first offense, be reprimanded in writing by the Chief of Police of Elk Township or such Township police officer as he shall designate. Such written reprimand shall state the nature of the violation, and a copy thereof shall be delivered to the parent or person standing in loco parentis to the violator, and for a subsequent offense may be proceeded against by a complaint filed with the Juvenile and Domestic Relations Court alleging juvenile delinquency and need of supervision.
B. 
Any person 18 years of age or older who violates or fails to comply with any of the provisions of this chapter shall, upon conviction thereof, be fined not more than $200 and imprisoned in the county jail for a term not to exceed 20 days and/or have the motor-propelled vehicle registration issued on his application revoked.

§ 74-5 Impoundment.

Any motor-propelled vehicle operated on either public property or private property in violation of the following provisions of this chapter may be impounded as follows:
A. 
Any motor-propelled vehicle operated on any public property or on any private property or on any street, road or highway in the Township of Elk may be impounded by the Chief of Police of Elk Township, or such Township police officer as may be designated by him, unless:
(1) 
The person operating the motor-propelled vehicle is an immediate member of the family of the owner or person in lawful possession of the private property on which the vehicle is operated;
(2) 
The person operating the motor-propelled vehicle has in his possession a consent in writing from the owner or other person lawfully in possession of the property consent thereto and the motor-propelled vehicle is currently registered as required by the provisions of the New Jersey Motor Vehicle Act and registered with Elk Township; and
(3) 
The person operating the motor-propelled vehicle has in his possession a consent in writing from the owner or other person or entity lawfully in possession of the property consent thereto and the motor-propelled vehicle is registered with the Elk Township Police Department and has attached thereto a motor-propelled vehicle registration tag issued by the Chief of Police of Elk Township in accordance with the provisions of this chapter as hereinafter set forth.
B. 
The Chief of Police, or such Township police officer as shall be designated by him, shall keep and maintain a record of all motor-propelled vehicles impounded as aforesaid, which records shall so far as possible show the name and address of the owner, the make, model, year, serial number, color and other items tending to identify the vehicle impounded in accordance with the provisions of this chapter and shall also show the circumstances under which it was impounded, such as the name of the police officer impounding same, the location at which the violation and impounding occurred, the number of the registration tag and the place where the impounded vehicle is stored. Said record shall, if reclaimed by the owner, show the date reclaimed, the time and place of delivery to the owner and such other circumstances as the Chief of Police or officer designated by him may think advisable, such as condition of the vehicle at the time or reclaiming, and a receipt for return of the vehicle shall be signed by the owner.
C. 
The owner of any impounded motor-propelled vehicle shall have the right to reclaim said vehicle upon exhibiting satisfactory proof to the Chief of Police that:
(1) 
He is the lawful owner of said vehicle; and
(2) 
He has registered said vehicle in accordance with § 74-3 of this chapter.