[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This ordinance also repealed former Ch. 74, Motor-Propelled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.
The following words shall, when used in this
chapter, be construed to have the following meanings:
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.
All land in the Township of Elk, in the County of Gloucester,
other than public property and other than public streets, roads and
highways.
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.
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.
[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.
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.
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.
