[HISTORY: Adopted by the Mayor and Council of the Borough of Clementon 06-10-2008 by 2008-09. Amendments noted where applicable.]
The purpose of this chapter is to provide for the safety, health and general welfare of the residents of the Borough of Clementon on private and public property within the Borough. The purpose of this chapter is to prevent residents from sustaining personal injury or property damage as a result of the use and operation of recreational motor vehicles.
For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this chapter clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
- Any motorized vehicle not registered with the State of New Jersey pursuant to the provisions of Title 39 of the New Jersey Statutes containing two wheels, commonly known as motorbikes or ATVs, trail bikes or motorcycles, bicycles with motor attached and all motor-operated vehicles of the bicycle or trail bike type containing two wheels and having a saddle or seat with driver sitting astride or upon it or a platform on which the driver stands.
- The riding of a recreational motor vehicle while the engine is running. "Operation" is not intended to include the mere running of an engine or nominal movement of the recreational motor vehicle which may customarily happen during maintenance, storage and the like.
- PRIVATE PROPERTY
- All land in the Borough of Clementon, in the County of Camden, other than public property and other than public streets, roads and highways.
- PUBLIC PROPERTY
- Lands and interests in all real property owned by or leased to the Borough of Clementon, in the County of Camden, or owned by or leased to any other municipal corporation or political subdivision of the State of New Jersey, specifically including, but not limited in said definition to, all public streets, roads and highways in the Borough, public parks, School Board lands and easement or rights-of-way open to the public.
- RECREATIONAL MOTOR VEHICLE
- Including, but not expressly limited to, minibikes, motor scooters, go-carts, golf carts, motorbikes, dune buggies and swamp buggies and any other similar motor vehicles of the type that are normally used on land for recreation, entertainment or pleasure. The use of lawn mowers, powered garden vehicles and other similar utilitarian domestic vehicles is specifically excepted herefrom.
All recreational motor vehicles subject to the provisions of this chapter shall be registered with the Borough of Clementon to ensure compliance with the provisions of this chapter. Each recreational motor vehicle registered shall receive an identification tag that must be prominently and visibly displayed on the recreational motor vehicle at all times. Each recreational motor vehicle shall pay a registration fee of $25. Registration forms shall be provided by the Borough of Clementon.
It shall be unlawful for any person to operate or permit and suffer to be operated a recreational motor vehicle, as defined herein, within the Borough of Clementon under any of the following circumstances:
On private property of another without the express prior written consent of the owner and the occupant of said property. Such consent may be revoked at any time by the grantor thereof. Where such express prior written consent has been obtained, the operator or person at the site responsible for such operation shall keep said consent on his person and available for immediate display at all times during the period of such operation. Excepted from the operation of this subsection are any private clubs or other organizations that permit the operation of recreational motor vehicles on their property in connection with the principal use of said property by the members of any such club or organization.
On any public grounds or property, including Borough-owned land, which shall include, but not be limited to, parks, ballparks, recreation areas, lake area, Borough-owned streets, easements and sidewalks or areas dedicated or commonly used for vehicular or pedestrian traffic, Borough storage facilities, garage areas and Board of Education lands, unless specifically designated, set aside and reserved therefor by resolution of Council.
In such manner as to create loud or unnecessary noise so as to unreasonably disturb or interfere with persons in the peaceful and quiet enjoyment of their property. To this end, no person shall operate a recreational motor vehicle before the hour of 9:00 a.m. and after the hour of 7:00 p.m., prevailing time, or sunset, whichever shall first occur.
In a careless, reckless or negligent manner so as to endanger the safety or property of any person.
Other than while seated on the permanent, regular seat.
Under the age of 12 without being accompanied by his or her parent or adult guardian.
At a speed too fast for existing conditions or potential hazards.
While intoxicated or impaired by alcohol or drugs.
On the tracks or right-of-way of a railroad.
On a highway.
In a tree nursery or planting in a manner which damages or destroys growing stock or creates a substantial risk of damage or destruction.
While pulling a person on skis, a toboggan, sleigh, sled or trailer, unless the device is attached to the ATV by a tow bar or other rigid connection.
On the ice of public water.
The following regulations shall apply to the operation of a recreational motor vehicle operated on public or private property as follows:
No person operating a recreational motor vehicle shall carry any other person, except in a place designated therefor and equipped therefor as part of the original manufacture for said purpose, and in no event shall a rider be carried on the handlebar thereof.
It shall be unlawful for any person to make modifications to the exhaust system of a recreational motor vehicle and/or to operate any recreational motor vehicle equipped with a muffler cutout, muffler bypass or similar device.
It shall be unlawful for any person to operate a recreational motor vehicle after dark without a white headlight and red taillight. The headlight and taillight must be lighted when riding 1/2 hour after sunset to 1/2 hour before sunrise. Vehicles without lights shall not be operated 1/2 hour after sunset up to sunrise. For greater safety, lights should be on at all times.
No person shall operate or ride upon a recreational motor vehicle, excepting a golf cart, unless he wears goggles or a face shield and a securely fitted protective helmet of a size proper for that person approved by the Director of the Motor Vehicle Commission pursuant to N.J.S.A. 39:3-76.7 and 39:3-76.8. The helmet must be equipped with either a neck or chin strap and be reflectorized on both sides thereof.
All recreational motor vehicles must have the following equipment:
Brakes in good condition.
A muffler which is in good operating condition and meets federal standards. Such equipment is to be maintained in an effective and suitable condition at all times. No modifications may be made to increase the noise level.
A spark arrester approved by the United States Forest Service. The vehicle must not be operated at any time without the spark arrester.
Tires with tread at least 2/23ds of an inch without visible breaks, cuts, exposed cords, bumps or bulges.
Operators of recreational motor vehicles shall avoid crossing a roadway unless absolutely necessary. When crossing, the operator will:
Cross at an angle of approximately 90º, at a place where there are no obstructions to prevent a quick, safe crossing.
Come to a complete stop and yield the right-of-way to traffic on the highway before crossing.
Cross a divided highway only where it intersects with another street or highway.
Not cross a controlled access highway at any time.
Any police officer shall have the power and authority to confiscate and impound any recreational motor vehicle as defined herein when said recreational motor vehicle is operated in violation of this chapter or in the event of the following:
Operated by a person who is under the influence of alcohol or drugs.
When observed in reckless operation.
Attempting to elude a law enforcement officer.
Operating without a spark arrester.
Operating with a modified exhaust system.
Permitting unaccompanied operation by a person under the age of 12.
The Chief of Police or such Borough police officer as shall be designated by him shall keep and maintain a record of all recreational motor vehicles impounded as aforesaid, which records shall, so far as possible, show the name and address of the owner and the make, model, year, serial number, color and other items tending to identify the recreational motor vehicles 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 the same, the location at which the violation and impounding occurred, the number of the registration tag and the place where the impounded recreational motor 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 the condition of the recreational motor vehicle at the time of reclaiming, and a receipt for return of the recreational motor vehicle shall be signed by the owner.
The owner of any impounded recreational motor vehicle shall have the right to reclaim said recreational motor vehicle upon exhibiting satisfactory proof to the Chief of Police that the following occurred:
A rebuttable presumption shall exist that the operator of the recreational motor vehicle is driving without consent of the owner or person in custody and control of the recreational motor vehicle if he cannot produce, upon request of the police officer, the written consent to operate the recreational motor vehicle. A rebuttable presumption shall also exist that the person is not authorized and given permission to operate the recreational motor vehicle on private property from the owner or person in custody and control of such property or within 100 feet of a residence if, upon request, the operator cannot produce to the officer the written consent required by this chapter from such owner or person in custody and control for the date in question.
The rebuttable presumption shall terminate if the defendant produces at the time of trial a written consent in writing or verbally from the recreational motor vehicle or property owner giving permission for said operation.
Any person who violates any section of this chapter of the Code of the Borough of Clementon shall be subject to a fine of not more than $2,000, imprisonment for not more than 90 days and/or a period of community service not to exceed 90 days. Each day on which a violation occurs shall be considered a separate offense.
[Added 7-5-2011 by Ord. No. 2011-08]
The governing body shall appoint an Enforcement Officer, who together with the members of the Police Department shall have the authority to enforce the provisions of this chapter and to issue summonses for any violations of the provisions hereof.