City of Vineland, NJ Article I Motorcycles, Bikes and All-Terrain Vehicles

[Adopted 6-11-1974 by Ord. No. 931; amended in its entirety 11-28-2006 by Ord. No. 2006-97 (Ch. 446 of the 1990 Code); 7-27-2010 by Ord. No. 2010-30]

§ 700-1 Purpose.

The purpose of this article is to control and regulate motorcycles, bikes and all terrain vehicles, as defined in N.J.S.A. § 39:1-1 et seq., N.J.S.A. § 39:3C-1 et seq., in order to preserve the public peace and order and protect the health, safety and welfare of the general public of the City of Vineland.

§ 700-2 Definitions.

As used in this article, the following terms shall have the meanings indicated:

ALL-TERRAIN VEHICLE

Any motor vehicle or similar apparatus designed to travel over any terrain, of a type possessing between three and six rubber tires and Dowered by a gasoline or other type engine. This article shall not apply to lawn mowers, tractors or farm, lawn, garden or similar equipment when used for purposes for which they were designed.

MOTORCYCLE

Any two-wheeled, motor-propelled apparatus, licensed by the State of New Jersey Motor Vehicle Commission, for operation upon the public highways.

MOTORIZED SPORTBIKE

A. Any two-, three- or four-wheeled device or similar apparatus, motor-propelled and commonly referred to as a "moped," "minibike," "go-cart," "dune buggy," "motor scooter," "trail-bike," or the like which. by its nature, is not authorized to be licensed by the State of New Jersey Motor Vehicle Commission, for use upon the public highways, notwithstanding the fact that licensing of the same in some instances may not be required for operation upon the public highways.

B. A snowmobile and any similar sport vehicle which is motor-propelled and traverses the terrain by means of treads, tracks or the like.

PRIVATE PROPERTY

All lands in the City of Vineland not defined as public property or part of the road system.

PUBLIC PROPERTY

Lands located in the City of Vineland, the County of Cumberland, the State of New Jersey, and/or lands owned or leased by the Vineland Public Schools, or any other equivalent public body, but specifically excluding therefrom any roadways being used for public transportation and being part of the accepted road system of the City, the County, or the State.

§ 700-3 Prohibited acts.

It shall be unlawful:

A. Operation on public or private property.

(1) For any person to operate or permit to or suffer to be operated a motorcycle, motorized sportbike or an all-terrain vehicle, as defined herein on any public grounds or property, including playgrounds and recreational areas.

(2) For any person to operate or permit to or suffer to be operated a motorcycle on public grounds or property (including playgrounds and recreational areas) except on public streets or highways as defined in N.J.S.A. § 39:1-1, and public parking areas.

(3) To operate a motor vehicle of any type, as defined herein, upon public or private property, with or without permission of the landowner, between the hours of 10:00 p.m. and 7:00 a.m.

B. To operate an all-terrain vehicle upon limited access highways or within the right-of-way limits thereof.

C. To operate a motorcycle, motorized sportbike or an all-terrain vehicle, as a licensed or unlicensed operator, on private property other than with the written consent of all of the owners of said property. When such written consent has been obtained, the operator shall keep the same on his person for display to the authorities. The failure to present such written consent upon request or demand shall be prima facie evidence that the operator does not have such consent.

D. To operate a motorcycle, motorized sportbike or an all-terrain vehicle on private property in such a way as to harass or disturb farm animals, domestic livestock or wildlife or further to destroy or damage crops, crop land, soils or vegetation.

E. To operate a motorcycle, motorized sportbike or an all-terrain vehicle on public or private property without the same being in "proper operating condition," which is hereby defined as the presence of all original operating equipment specified therefore by the original manufacturer for the proper operation thereof or the equivalent thereof.

F. To operate a motorcycle, motorized sportbike, all-terrain vehicle or a motor vehicle on public or private property in a careless, reckless or negligent manner so as to endanger the safety or property of any person or public or private property.

G. For any person to create or permit to exist any sounds at such a level and duration as to be or tend to be injurious to human health or welfare or that would unreasonably interfere with the enjoyment of life and property.

H. For any person to make unnecessary noise so as to annoy or disturb the quiet comfort or repose of persons in the vicinity or persons who are lawfully upon an adjoining property to the property from where the noise is emanating.

I. To operate a motorcycle, motorized sportbike or an all-terrain vehicle, with or without permission, within 500 feet of any dwelling.

J. To operate a motorcycle, motorized sportbike or an all-terrain vehicle and carry any other person, except in a place designated therefor and equipped therefor as part of the original manufacture for said purpose.

K. For the registrant, owner or person having control or custody of a motorcycle, motorized sportbike or an all-terrain vehicle to allow or enable said device to be used or operated by another in violation of this article.

§ 700-4 General regulations.

A. Protective helmets. It shall be unlawful for any person to operate, to permit or suffer to be operated, or to ride as a passenger on a motorcycle, motorized sportbike or an all-terrain vehicle without wearing a protective helmet approved by the Director of the Division of Motor Vehicles in the Department of Law and Public Safety of the State of New Jersey. Any such helmet shall be of a type acceptable for use in conjunction with motorcycles and provided in N.J.S.A. § 39:3-76.7 through N.J.S.A. § 39:3-76.10.

B. Equipment. It shall be unlawful for any person to operate or permit or suffer to be operated an motorcycle or all-terrain vehicle that is not equipped with working headlights, taillights, brakes and proper mufflers as supplied by the motor manufacturer for the particular model without modification. No person shall operate any vehicle or device equipped with a muffler cutout, muffler bypass or similar device.

C. This article shall not be applicable to any recognized organization which has obtained permission from the City of Vineland to use said lands for the sole purpose of holding organized and supervised rallies, races and/or meets.

D. No person under the age of 14 years shall operate or be permitted to operate an all-terrain vehicle on public lands or upon a public highway.

§ 700-5 Impoundment; duration; cost.

A. Any police officer shall impound any motor vehicle operated on public or private property alleged to be in violation of this article, either by virtue of its operation and use contrary to the provisions of this article or by virtue of its operation by an unlicensed operator.

B. Said period of impoundment shall be from the date of the alleged violation until the disposition of the alleged offense by such court of competent jurisdiction as shall hear the same, and the owner thereof shall pay the reasonable cost of said removal and storage constituting impoundment. The Chief of Police or his designee may authorize early release upon the payment of the removal and storage costs. Said expense of impoundment shall be in addition to any other fine or penalty levied or collected under the terms of this article.

§ 700-6 Violations and penalties.

A. Any person violating or failing to comply with any of the provisions of this article shall, upon conviction thereof, be punished by a fine of $250, by imprisonment for a term not to exceed 90 days or by community service of not more than 90 days, or any combination of fine, imprisonment and community service as determined in the discretion of the Municipal Court Judge.

B. A second offense shall be subject to a fine of not less than $500 or more than $2,000, by imprisonment for a term not to exceed 90 days or by community service of not more than 90 days, or any combination of fine, imprisonment and community service as determined in the discretion of the Municipal Court Judge.

C. A third and subsequent offense shall be subject to a fine of not less than $1,000 or more than $2,000, by imprisonment for a term not to exceed 90 days or by community service of not more than 90 days, or any combination of fine, imprisonment and community service as determined in the discretion of the Municipal Court Judge.

D. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.

E. In addition to all other penalties, the violation of any provision of this article shall be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction.