As used in this chapter, the following terms shall have the
meanings indicated:
ALL-TERRAIN VEHICLE
A motor vehicle, designed and manufactured for off-road use
only, of a type possessing between three and six non-highway tires,
but shall not include golf carts or an all-terrain vehicle operated
by an employee or agent of the City of Camden, or the City Fire Department,
or a member of an emergency service organization or an emergency medical
technician which is used while in the performance of the employee's,
agent's member's or technician's official duties.
CITY-OWNED LAND
Includes all parks, recreation areas, ballparks, lake areas,
storage facilities, garage areas, Board of Education property and
any and all other City or publicly owned land or premises.
MOTOR VEHICLE
All vehicles propelled otherwise than by muscular power,
excepting such vehicles as run only upon rails or tracks and motorized
bicycles.
MOTORIZED SCOOTER
A miniature motor vehicle and includes, but is not limited
to, pocket bikes, super pocket bikes, scooters, mini-scooters, sport
scooters, mini-choppers, mini-motorcycles, motorized skateboards and
other vehicles with motors not manufactured in compliance with Federal
Motor Vehicle Safety Standards and which have no permanent federal
safety certification stickers affixed to the vehicle by the original
manufacturer. This term shall not include: electric personal assistive
mobility devices, motorized bicycles or low-speed vehicles, or motorized
wheelchairs, mobility scooters or similar mobility assisting devices
used by persons with physical disabilities, or persons whose ambulatory
mobility has been impaired by age or illness.
OFF-ROAD VEHICLES
Motor vehicles that are capable of human transport and designed
or used for the purpose of recreation off of the public right-of-way
by, but not limited to, all-terrain vehicles (ATV), trail/dirt bikes,
minibikes, go-carts and snowmobiles.
PUBLIC PROPERTY
Includes all streets, sidewalks, easements or any other areas
dedicated or commonly used for vehicular or pedestrian traffic.
SNOWMOBILE
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.
Pursuant to Title 39, Motor Vehicles and Traffic Regulations of the New Jersey Statutes, all-terrain vehicles, off-road vehicles, dirt bikes, and snowmobiles shall be registered with the Department of Motor Vehicle Commission. If any of the above vehicles are found to be in violation of the Title 39, the vehicle and owner shall be subject to the penalties and fines found in Title 39 and §
827-8 of this chapter.
It shall be unlawful to operate or allow to be operated any
off-road vehicle anywhere within the City of Camden under the following
circumstances:
A. Any off-road vehicle which is unregistered under either Title 39 or under §
827-3 of this chapter.
B. On private property of another person or party without the express
written permission to do so by the owner; said written permission
must be carried in the vehicle while operating on the property and
exhibited to police officers on request.
C. On any public street, highway, bicycle path or right-of-way within
the City of Camden in violation of Title 39, other state laws or the
City of Camden Code.
[Amended 4-12-2022 by Ord. No. MC-5376
D. On any public lands including but not limited to parklands, rights-of-way,
dedicated open spaces, public easements, ball fields, hiking or walking
trails, or lands registered as those maintained or owned by the City
of Camden, the County of Camden, or the State of New Jersey.
E. In the manner creating loud or unusual noise so as to disturb or
interfere with the peace, quiet or health of other persons.
F. Without any muffler device or, in the case of vehicles with two cycle
engines, without any spark arrestor.
G. In a careless, reckless, or negligent manner so as to endanger, or
likely to endanger, the safety of the operator, passenger, animals,
wildlife or bystanders or the property of any person.
H. Without the use by the operator and any passenger, while the vehicle
is in operation, of an approved helmet and leg and arm protectors
and goggles. This section does not apply if the operators or passengers
are in an enclosed or caged vehicle.
I. On privately owned lands closer than 100 feet to the boundary with
adjacent lands owned or leased to a person or entity different from
the privately owned lands, except where the adjoining property owner(s)
provides written consent authorizing the operation of the vehicle
in proximity to the adjoining property line, which said consent shall
be in possession of the vehicle operator.
It shall be unlawful for the parent, guardian or any person
having the care, custody and control of any child under the age of
17 years to permit such child to operate a motor-driven vehicle in
violation of the terms of this chapter.
[Added 4-12-2022 by Ord. No. MC-5376]
A. Pursuant to S-4080/A-6088, which has amended P.L. 2019, c. 505 (N.J.S.A.
39:3C-35), and which is supported by this section, the City of Camden
hereby declares that an all-terrain vehicle or dirt bike operated
on any City of Camden public street, highway, or right-of-way in violation
of Section 17 of P.L. 1973, c. 307 (N.J.S.A. 39:3C-17) poses an immediate
threat to the public health, safety, or welfare and designates such
all-terrain vehicles or dirt bikes so operated as contraband subject
to forfeiture in accordance with the provisions of N.J.S.A. 2C:64-1
et seq. An all-terrain vehicle or dirt bike forfeited pursuant to
the provisions of N.J.S.A. 2C:64-1 et seq., as authorized by this
section, shall be disposed of in accordance with the provisions of
N.J.S.A. 2C:64-6 or, at the discretion of the entity funding the prosecuting
agency involved, may be destroyed.
B. Pursuant to S-4080/A-6088, which has amended N.J.S.A. 2C:64-1, and
which is supported by this section, the definition of "property subject
to forfeiture" for the City of Camden is now amended to include an
all-terrain vehicle or dirt bike which has been operated on a City
of Camden public street, highway, or right-of-way in violation of
Section 17 of P.L. 1973, c. 307 (N.J.S.A. 39:3C-17) as the City of
Camden hereby declares such an all-terrain vehicle or dirt bike so
operated poses an immediate threat to the public health, safety, or
welfare, and hereby designates such all-terrain vehicles and dirt
bikes as contraband as authorized by Section e of Section 1 of P.L.
2019, c. 505 (N.J.S.A. 39:3C-35).
C. The City of Camden, pursuant to S-4080/A-6088, is the entity funding
the prosecuting agency involved, in this case, municipal prosecutions,
and, as the entity funding municipal prosecutions, has the right to
determine, and has determined, that any ATV or dirt bike forfeited
pursuant to the S-4080/A-6088 and the provisions of N.J.S.A. 2C:64-1
et seq. shall be destroyed.
It shall be the duty of any police officer to:
A. Impound any motorized sportbike or motorcycle operated on public
or private property alleged to be in violation of this chapter, either
by virtue of its operation and use or by virtue of its operation by
an unlicensed operator.
B. Any all-terrain vehicle or dirt bike in violation of §
827-6 above shall be classified as contraband pursuant to §
827-6 above and, pursuant to §
827-6C above, shall be destroyed.
[Added 4-12-2022 by Ord. No. MC-5376]
C. Impound any motorized sportbike or motorcycle operating on the public
roadways in violation of any then-applicable state statutes or any
regulation validly promulgated by any state agency having jurisdiction.
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.
D. Said expense of impoundment shall be in addition to any other fine
or penalty levied or collected under the terms of this chapter.
E. Subject to §
827-6 above, all other vehicles falling within §
827-2, Definitions, shall be impounded by towing or other means if that vehicle is unable to be driven legally upon the City of Camden streets, highways or rights-of-way.
[Amended 4-12-2022 by Ord. No. MC-5376]