[HISTORY: Adopted by the Township Committee of the Township of Mantua 5-9-1989 (Ch. 400 of the 1978 Code). Amendments noted where applicable.]
The following words, when used in this chapter, shall be construed to have the following meanings:
- MOTOR-PROPELLED VEHICLE
- Any vehicle fitted to run on wheels, cleats, skids, skis or runners which is driven or powered by any type of motor or propelled by any other means, except vehicles propelled by any other means, except vehicles propelled solely by muscular or battery power, and shall include but not be limited to two- , three- or four-wheel all-terrain vehicles, minibikes, go-carts, trail bikes, sport bikes, trikes, motorized sleds, snowmobiles and any similar type of sport vehicle. Not included, but specifically excluded from this definition and the prohibitions set forth by this chapter, are vehicles used primarily for handicap purposes and power equipment such as lawnmowers customarily used for the maintenance of properties, lawns and fields.
- PRIVATE PROPERTY
- All land in the Township of Mantua, in the County of Gloucester, 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 Township of Mantua, in the County of Gloucester, or owned by or leased to any other municipal corporation or political subdivision of the State of New Jersey, specifically including in said definition all public streets, roads and highways in the Township.
It shall be a violation of this chapter for any person to operate a motor-propelled vehicle on any property, either public or private, in the Township of Mantua, in the County of Gloucester, unless:
The vehicle is currently registered as required by the provisions of the State of New Jersey Motor Vehicle Act or is registered with the Mantua Township Police Department pursuant to the terms of this chapter;
The vehicle has attached thereto in accordance with either New Jersey statutes or in accordance with the terms of this chapter a New Jersey motor vehicle registration tag or a motor-propelled vehicle registration tag issued by the Chief of Police of Mantua Township in accordance with the provisions of this chapter as hereinafter set forth;
The operator of the vehicle is either the owner of the vehicle or a person who has in his possession a consent in writing from the owner of the vehicle or other person lawfully in possession of said vehicle to operate the vehicle on the day in question; and
The person operating the motor-propelled vehicle has in his possession a consent in writing from the owner or other person lawfully in possession of the real property on which the vehicle is operated authorizing him or her to operate said vehicle on said property on the date in question.
It shall be unlawful for any person to remove, destroy, mutilate, alter, counterfeit or make any facsimile of any motor-propelled vehicle registration tag or to attach any such registration tag to any vehicle other than the vehicle for which such task was issued.
It shall be unlawful for any person to operate a motor-propelled vehicle in the Township of Mantua, in the County of Gloucester, in such careless, reckless or negligent manner without due caution or circumspection such as to endanger or to cause damage to any person or property.
It shall be unlawful to operate a motor-propelled vehicle in the Township of Mantua, in the County of Gloucester, in such a manner as to create loud, unnecessary or unusual noise so as to annoy or disturb persons other than the operator or to disturb or interfere with the peace and quiet of the Township.
No person operating a motor-propelled vehicle shall carry any passenger or passengers in or on such vehicle unless said vehicle is specifically equipped for the purpose of carrying one or more passengers, and no person operating a motor-propelled vehicle shall carry more passengers therein or thereon than such vehicle is specifically equipped to carry.
No vehicle shall be operated without use by the operator, while the vehicle is in operation, with helmet and goggles.
No vehicle shall operated between the period of time which occurs 1/2 hour before sunset and 1/2 hour after sunrise.
No such vehicle shall be operated on a public street, sidewalk, bicycle path or any public lands within the Township of Mantua; provided, however, that vehicles registered under Title 39 of the Motor Vehicles and Traffic Regulations of the New Jersey Statutes shall be regulated by that statute as to operation in the aforesaid areas.
Any person owning or having under his or her control a motor-propelled vehicle which is not registered as required by the provisions of the New Jersey Motor Vehicle Act and which is operated or principally garaged or maintained within the Township of Mantua must register such motor-propelled vehicle with the Mantua Township Police Department in accordance with the following procedure:
Application for registration shall be made to the Chief of Police of Mantua Township by the owner of such motor-propelled vehicle or by the owner's parents or other persons standing in loco parentis to the owner if the owner is under 18 years of age, on a form to be furnished by said Chief of Police, which shall set forth the name and address of the applicant, the age of the applicant, the make, model and serial number of the motor-propelled vehicle and such other reasonably required information as said Chief of Police shall deem necessary for the proper enforcement of this chapter.
The application made by an owner 18 years of age or over shall certify the information therein contained and the application shall be signed by the applicant.
An application made by an owner under 18 years of age shall contain a statement certifying as to the truth of the information therein contained signed by the parent or other persons standing in loco parentis to the applicant.
The applicant shall pay a registration fee of $5 to the Mantua Township Police Department with each application for registration or for renewal of registration.
The Chief of Police or a Township police officer designated by the Chief shall, upon receipt of said signed application and said registration fee, furnish the applicant with a motor-propelled vehicle registration tag which the applicant shall attach to the vehicle so as to be clearly visible from the rear of the vehicle. Said registration tags shall be numbered in numerical order so that each tag shall bear a different number.
The Chief of Police or a Township police officer designated by him shall keep and maintain a record of all applications and note on each application the number or the tag issued therefor. Said Chief of Police shall be responsible for the care and custody of all such application forms and other records incident thereto.
The registration shall be effective for a period of one year from its issuance and must be renewed each year thereafter in the same manner provided above, except that new registration tags need not be reissued annually so long as the existing tag is in good and readable condition upon renewal.
In the event that a registration or registration tag is lost or becomes illegible, a replacement shall be obtained within 10 days of such loss or illegibility from the Police Department. A replacement fee of $1 will be charged for either a replacement registration or replacement tag.
Registrations and registration tags shall not be transferable upon transfer of the vehicle. In such event, the new owner of the vehicle must reregister the vehicle and receive a new registration tag.
The owner of a motor-propelled vehicle which has been properly registered under Title 39 of the Motor Vehicles and Traffic Regulations of the New Jersey Statutes shall not be subject to the New Jersey Statutes shall not be subject to the registration requirement of this chapter. Such owner shall, however, furnish proof of such registration on a form which may be established by and obtained from the Police Department. If at any time such state registration expires or becomes invalid, the owner of the motor-propelled vehicle shall comply with the registration provisions of this chapter within 10 days from the date of such expiration or invalidity.
Any police officer shall have the power and authority to confiscate and impound any motor-propelled vehicle as defined herein when said vehicle is operated in violation of the provisions of this chapter either in the presence of the police officer or when said officer has probable cause to believe said vehicle has been operated in violation hereof. The vehicle may be impounded from the date of the alleged violation until it is reclaimed pursuant to Subsection C below.
The Chief of Police or such Township police officer as shall be designated by him shall keep and maintain a record of all motor-propelled vehicles impounded as aforesaid, which records shall so far as possible show the name and address of the owner, the make, model, year, serial number, color and other items tending to identify the vehicle 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 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 vehicle at the time of reclaiming, and a receipt for return of the vehicle be signed by the owner.
The owner of any impounded motor-propelled vehicle shall have the right to reclaim said vehicle upon exhibiting satisfactory proof to the Chief of Police that the following has occurred:
The owner of the vehicle has paid an impoundment fee of $75 plus $10 for each day or portion of a day that the vehicle has been held in storage. Said expense of impoundment shall be in addition to any other fine or penalty levied or collected under the remaining terms of this chapter.
The vehicle is shown to be currently registered or has received a current registration either under this chapter or pursuant to the New Jersey Motor Vehicle Act and proof of such registration is produced to the Chief of Police or his designate to sufficiently demonstrate compliance with such registration requirements.
The claimant shows sufficient proof that he is the lawful owner of said vehicle.
In the event that either a complaint for violation of this chapter or a juvenile complaint pursuant to this chapter has been filed, the court of competent jurisdiction handling the matter has made a disposition of the case and any fine and costs which may be due and owing have been paid in full.
The impoundment fee and storage fee referred to above shall be waived or returned if the owner of said vehicle can demonstrate:
That the vehicle was registered on the day that it was alleged to have been unlawfully operated;
The operator of the vehicle can show written proof signed and dated as of the date of the alleged offense that he had authority from both the owner of the vehicle and the owner of the property over which the vehicle was driven that he or she had the authority to operate such vehicle on such real property; and
In the event that complaints have been filed pursuant to this chapter, the case was either dismissed or the operator adjudged not guilty by the court.
A rebuttable presumption shall exist that the vehicle is not registered either in accordance with this chapter or with the state motor vehicle registration requirements if, upon request by a police officer, the operator of the vehicle cannot produce a current registration to the vehicle. A further rebuttable presumption shall exist that the operator of the vehicle is driving without consent of the owner or person in custody and control of the vehicle if he cannot produce upon request of the police officer the written consent to operate the vehicle. A rebuttable presumption shall also exist that the person is not authorized and given permission to operate the vehicle on public or private property from the owner or person in custody and control of such property 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.
Prohibited conduct of parents. A parent or person standing in loco parentis shall not assist, aid, abet, allow, permit, suffer or encourage a person under the age of 18 years to commit a violation of this chapter, as such violation is defined herein, either by overt act, by failure to act or by lack of supervision and control over such minor.
A rebuttable presumption shall exist that the parent assisted, aided, abetted, allowed, permitted, suffered or encouraged the minor to commit the violation such as to constitute a violation of Subsection A above if it can be established that the person under 18 years of age was reprimanded for the first offense in writing by the Chief of Police of Mantua Township or such Township police officer as he shall designate with a copy thereof delivered to the parent or persons standing in loco parentis to the violator and such person under 18 years of age is subsequently convicted in a court of competent jurisdiction for a second or subsequent violation of this chapter.
The registration of a motor-propelled vehicle under the provisions of this chapter and issuance of a registration tag shall in no way be deemed a warranty concerning the safety of the vehicle in question and the Township of Mantua specifically indicates that it will assume no responsibility for any injury or damage which may occur or result from the operation of such vehicle or by reason of the registration or issuance of a registration tag for such vehicle.
All persons violating any provisions of this chapter shall be subject to the following penalties:
Any person under 18 years of age who violates or fails to comply with any of the provisions of this chapter shall, for the first offense, be reprimanded in writing by the Chief of Police of Mantua Township or such Township police officer as he shall designate. Such written reprimand shall state the nature of the violation, and a copy thereof shall be delivered to the parent or person standing in loco parentis to the violator. For a subsequent offense, the violator shall be proceeded against by a complaint filed with the Juvenile and Domestic Relations Court alleging juvenile delinquency and need of supervision.
Any person 18 years of age or older who violates or fails to comply with any of the provisions of this chapter shall, upon conviction thereof, be penalized by one or more of the following: a fine of not less than $100 and not more than $2,000; or by a jail term up to but not exceeding 90 days; or by a period of community service up to but not exceeding 90 days, or any combination of the above. In addition, the sentencing court may revoke the motor-propelled vehicle registration issued for such vehicle for up to 90 days.
Upon a second or subsequent conviction for violation of this chapter or upon conviction of the Juvenile Domestic Relations Court, the sentencing Court may order confiscation of the vehicle in question by the police for a period not to exceed 90 days for each violation. Such confiscation shall be maintained under the impoundment procedures set forth in § 400-4 above.