[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]
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.
As used in this article, the following terms shall have the
meanings indicated:
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.
Any two-wheeled, motor-propelled apparatus, licensed by the
State of New Jersey Motor Vehicle Commission, for operation upon the
public highways.
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.
A snowmobile and any similar sport vehicle which is motor-propelled
and traverses the terrain by means of treads, tracks or the like.
All lands in the City of Vineland not defined as public property
or part of the road system.
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.
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.
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.
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.
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.