[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:
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.
All land in the Township of Mantua, in the County of Gloucester,
other than public property and other than public streets, roads and
highways.
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.
A.
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:
(1)
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;
(2)
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;
(3)
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
(4)
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
No vehicle shall be operated without use by the operator,
while the vehicle is in operation, with helmet and goggles.
G.
No vehicle shall operated between the period of time
which occurs 1/2 hour before sunset and 1/2 hour after sunrise.
H.
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.
I.
It shall be unlawful to operate a motor-propelled vehicle in the
Township of Mantua within 500 feet of the property line of any property
zoned residential or used for residential purposes, unless said property
is owned by the operator or the property owner has granted the operator
permission pursuant to this chapter.
[Added 5-8-2023 by Ord.
No. O-2-2023]
J.
It shall be unlawful for any person to operate or permit to be operated
a motor-propelled vehicle at any time and in any manner intended or
reasonably to be expected to harass, drive or pursue any wildlife.
[Added 5-8-2023 by Ord.
No. O-2-2023]
K.
It shall be unlawful for any person to operate or permit to be operated
a motor-propelled vehicle without lighted headlights and lighted taillights,
brakes, and/or proper mufflers as supplied by the motor manufacturer
for the particular model without modification.
[Added 5-8-2023 by Ord.
No. O-2-2023]
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:
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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.
H.
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.
I.
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.
J.
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.
A.
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.
B.
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.
C.
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:
(1)
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.
(2)
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.
(3)
The claimant shows sufficient proof that he is the
lawful owner of said vehicle.
(4)
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.
(5)
The impoundment fee and storage fee referred to above
shall be waived or returned if the owner of said vehicle can demonstrate:
(a)
That the vehicle was registered on the day that
it was alleged to have been unlawfully operated;
(b)
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
(c)
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.
A.
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.
B.
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:
A.
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.
B.
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.
C.
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.
