[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.
A motor vehicle, designed and manufactured for off-road use
only, of a type possessing between three and six rubber tires and
powered by a gasoline engine not exceeding 600 cubic centimeters,
but shall not include golf carts or any all-terrain vehicle operated
by an employee or agent of the State of New Jersey and used while
in the performance of the employee's or agent's official duties.
[Added 9-5-2023 by Ord. No. 2023-15]
Any two-wheeled motorcycle that is designed and manufactured
for off-road use only and that does not comply with Federal Motor
Vehicle Safety Standards or United States Environmental Protection
Agency on-road emissions standards.
[Added 9-5-2023 by Ord. No. 2023-15]
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.
Any motorized vehicle with two or more wheels or tracks that
is capable of being operated off of regularly improved and maintained
roads, including, but not limited to, motorcycles, as defined in N.J.S.A.
39:1-1, snowmobiles and all-terrain vehicles, and dirt bikes as defined
in Section 5 of P.L. 1991, c. 496 (N.J.S.A. 2A:42A-6.1).
[Added 9-5-2023 by Ord. No. 2023-15]
The riding of a recreational motor vehicle, all-terrain vehicle,
dirt bike, or snowmobile 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.
[Amended 9-5-2023 by Ord. No. 2023-15]
All land in the Borough of Clementon, in the County of Camden,
other than public property and other than public streets, roads and
highways.[1]
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, sidewalks, bicycle paths, conservation easements, open spaces,
public parks, School Board lands and easements or rights-of-way open
to the public.
[Added 9-5-2023 by Ord. No. 2023-15]
Every road open to the public for purposes of vehicular traffic.
[Added 9-5-2023 by Ord. No. 2023-15]
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.
Any motor vehicle, designed primarily to travel over ice
or snow, of a type which uses sled-type runners, skis, an endless
belt tread, cleats or any combination of these or other similar means
of contact with the surface upon which it is operated, but does not
include any farm tractor, highway or other construction equipment,
or any military vehicle.
[Added 9-5-2023 by Ord. No. 2023-15]
[1]
Editor's Note: The former definition of "public property,"
which immediately followed this definition, was repealed 9-5-2023 by Ord. No. 2023-15.
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:
A.
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.
B.
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.
C.
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.
D.
In a careless, reckless or negligent manner so as to endanger the
safety or property of any person.
E.
Other than while seated on the permanent, regular seat.
F.
Under the age of 12 without being accompanied by his or her parent
or adult guardian.
G.
At a speed too fast for existing conditions or potential hazards.
H.
While intoxicated or impaired by alcohol or drugs.
I.
On the tracks or right-of-way of a railroad.
J.
On a highway.
K.
In a tree nursery or planting in a manner which damages or destroys
growing stock or creates a substantial risk of damage or destruction.
L.
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.
M.
On the ice of public water.
[Added 9-5-2023 by Ord. No. 2023-15]
It shall be unlawful and pose an immediate threat to the public
health, safety, and welfare of the residents of the Borough of Clementon
for any person to operate an all-terrain vehicle, off-road vehicle,
dirt bike, or snowmobile upon any public street, highway, or right-of-way
located within the Borough of Clementon in violation of N.J.S.A. 39:3C-17.
[Added 9-5-2023 by Ord. No. 2023-15]
A.
An all-terrain vehicle, dirt bike or snowmobile operated on public
roads or right-of-way in violation of Section 17 of P.L. 1973, c.
307 (N.J.S.A. 39:3C-17) shall be impounded by the law enforcing agency
and subject to a fee and costs as hereinafter provided:
(1)
For a first offense, the all-terrain vehicle, dirt bike, or
snowmobile shall be impounded for not less than seven days and shall
be released to the registered owner upon proof of registration and
insurance and payment of a fee of $500 payable to the municipality,
plus reasonable towing and storage costs.
(2)
For a second or subsequent offense, the all-terrain vehicle,
dirt bike, or snowmobile shall be impounded for not less than 14 days
and shall be released to the registered owner upon proof of registration
and insurance and payment of a fee of $750 payable to the municipality,
plus reasonable towing and storage costs.
B.
If the registered owner of a snowmobile, all-terrain vehicle, or dirt bike impounded pursuant to Subsection A of this section fails to claim the impounded all-terrain vehicle, dirt bike, or snowmobile and pay all outstanding fees and costs by midnight of the 30th day following the day on which the all-terrain vehicle, dirt bike, or snowmobile was impounded, that all-terrain vehicle, dirt bike, or snowmobile may be sold at public auction. Notice of the sale shall be given by the impounding entity by certified mail to the owner of the all-terrain vehicle, dirt bike, or snowmobile if the owner's name and address are known, and to the holder of any security interest filed with the Chief Administrator of the New Jersey Motor Vehicle Commission, and by publication in a form prescribed by the Chief Administrator by one insertion, at least five days before the date of the sale, in one or more newspapers published in this state and circulating in the municipality in which the all-terrain vehicle, dirt bike, or snowmobile is impounded.
C.
At any time prior to a sale pursuant to Subsection B of this section, the owner or other person entitled to the all-terrain vehicle, dirt bike, or snowmobile may reclaim possession upon showing proof of registration and insurance and paying all outstanding fees and costs associated with the impoundment, and reasonable towing and storage costs. The owner-lessor of an all-terrain vehicle, dirt bike, or snowmobile impounded pursuant Subsection A(1) or (2) of this section shall be entitled to reclaim possession without payment, and the lessee shall be liable for all outstanding fees and costs associated with the impoundment, towing and storage of the all-terrain vehicle, dirt bike, or snowmobile.
D.
Any proceeds obtained from the sale of a snowmobile, all-terrain vehicle, or dirt bike at public auction pursuant to Subsection B of this section in excess of the amount owed to the impounding entity for the reasonable costs of towing and storage and any fees or other costs associated with the impoundment of the all-terrain vehicle, dirt bike, or snowmobile shall be returned to the owner of that all-terrain vehicle, dirt bike, or snowmobile if the owner's name and address are known. If the owner's name and address are unknown or the person or entity cannot be located, the net proceeds shall be administered in accordance with the Uniform Unclaimed Property Act, N.J.S.A. 46:30B-1 et seq.
[Added 9-5-2023 by Ord. No. 2023-15]
A.
Fines.
(2)
Additionally, if an individual, while operating an off-road
vehicle, damages or destroys natural resources valued in excess of
$100, the court can impose a fine of five times the amount it would
cost to restore or replace the damaged or destroyed natural resources
(N.J.S.A. 39:3C-33d). Further, if the individual operating the off-road
vehicle is under the age of 17, the owner of the off-road vehicle
is liable for the fines [N.J.S.A. 39:3C-33(d)].
B.
Impoundment of the vehicle.
(1)
Law enforcement officers also have authority to impound off-road
vehicles for unlawful use on public lands. Pursuant to N.J.S.A. 39:3C-34b(1)
through (3), the following penalties apply when impounding off-road
vehicles:
(a)
The off-road vehicle may be impounded for not less than 48 hours,
and a fee of $500 for towing and storing may be imposed (first violation);
(b)
The off-road vehicle may be impounded for not less than 96 hours,
and a fee of $750 for towing and storage may be imposed (second violation);
(c)
The off-road vehicle may be forfeited and sold at auction, and
a fee of $1,000 for towing and storage may be imposed (third or subsequent
violation).
(2)
Additionally, if the owner fails to claim the impounded off-road
vehicle, and if the fees addressed above have not been paid by noon
of the 30th day following the date of conviction, the off-road vehicle
may be sold at auction [N.J.S.A. 39:3C-34c(1)].
C.
Forfeiture of the vehicle. In addition to impounding a vehicle, law
enforcement officers have authority to initiate forfeiture actions
under Title 39. When an individual has unlawfully operated an off-road
vehicle on public lands three or more times, "forfeiture may be enforced
by a civil action, instituted within 90 days of the impoundment and
commenced by the Borough of Clementon against the property sought
to be forfeited," [N.J.S.A. 39:3C-34e(1)]. Clementon Borough Police
must follow certain procedures, such as providing notice to any person
that is known to have a property interest in the vehicle, [N.J.S.A.
39:3C-34e(2)].
The following regulations shall apply to the operation of a
recreational motor vehicle operated on public or private property
as follows:
A.
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.
B.
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.
C.
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.
D.
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.
E.
All recreational motor vehicles must have the following equipment:
(1)
Brakes in good condition.
(2)
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.
(3)
A spark arrester approved by the United States Forest Service. The
vehicle must not be operated at any time without the spark arrester.
(4)
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:
A.
Cross at an angle of approximately 90º, at a place where there
are no obstructions to prevent a quick, safe crossing.
B.
Come to a complete stop and yield the right-of-way to traffic on
the highway before crossing.
C.
Cross a divided highway only where it intersects with another street
or highway.
D.
Not cross a controlled access highway at any time.
A.
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:
(1)
Operated by a person who is under the influence of alcohol or drugs.
(2)
When observed in reckless operation.
(3)
Attempting to elude a law enforcement officer.
(4)
Operating without a spark arrester.
(5)
Operating with a modified exhaust system.
(6)
Permitting unaccompanied operation by a person under the age of 12.
B.
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.
C.
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.
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.
B.
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.
