Chapter 82. Vehicles, Motor Driven

CHAPTER 82 VEHICLES, MOTOR DRIVEN

§ 82-1. Operation of unlicensed motor-driven vehicles.

§ 82-2. Owners of unlicensed motor vehicles.

§ 82-3. Definitions.

§ 82-4. Violations and penalties-eighteen years of age and older.

§ 82-5. Violations and penalties-under the age of eighteen.

§ 82-6. Severability.

§ 82-7. Repealer.

§ 82-8. Effective date.

[HISTORY: Adopted by the Township Council of the Township of Gloucester 9-8-78. Amendments noted where applicable.]

Be it ordained by the Township Council of the Township of Gloucester in the County of Camden and the State of New Jersey as follows:

§82-1. Operation of unlicensed motor-driven vehicles.

It shall be unlawful for any person to operate any unlicensed motor-driven or motorized vehicle, as defined herein, within the Township of Gloucester on any property or under any of the circumstances hereinafter enumerated.

A. On private property of another without the prior express written permission of the owner and occupant of said property. Where such prior express written permission has been obtained, the operator shall keep the same on his person, available for immediate display during the period of such operation.

B. On any public, municipal or Board of Education grounds or property, including public parks, recreational areas, ball fields, tot lots and school grounds.

C. On any public sidewalks or public streets or areas dedicated or commonly used for pedestrian or vehicular traffic.

D. On any common areas, parking areas or open space areas of any apartment, multi-family, residential, commercial or industrial site, complex or development.

E. In a careless, reckless or negligent manner so as to endanger or be likely to endanger the safety or property of any person or persons.

F. In such a manner as to create loud, unnecessary or unusual noise so as to disturb or interfere with the peace and quiet of other persons and no person shall operate such unlicensed motor-driven or motorized vehicle as defined herein before the hour of 9:00 o'clock A.M., prevailing time or after sunset or at any time within 500 feet of the property line of any property zoned “Residential” or used for residential purposes and not owned by the operator. [Amended on 09-26-05 by Ord. O-05-32]

G. Each unlicensed motor-driven or motorized vehicle shall at all time be equipped with a muffler in good working order and no person shall use a muffler cut-out, by-pass or similar device on said vehicle.

§82-2. Owners of unlicensed motor-driven vehicles.

It shall be unlawful for the owner of any unlicensed motor-driven or motorized vehicle, as defined herein, to permit or suffer any person to operate said vehicle within the Township of Gloucester on any property or under the circumstances described and enumerated in sub-paragraphs A, B, C, D, E, F and G of the preced­ing §82-1 of this Ordinance.

§82-3. Definitions.

The terms, "unlicensed motor-driven or motorized vehicle" shall mean:

A. Any type or kind of motor-driven or motorized vehicle or conveyance not capable of being registered under Title 39 (Motor Vehicles) of the New Jersey Statutes, as amended, and shall include but shall not be expressly limited to vehicles known as minibikes or minibicycles, trail bikes, motor scooters, go-carts, swamp buggies, snowmobiles or other vehicles not capable of being registered as afore­said.

B. Motorcycles and trailbikes capable of being registered under Title 39 (Motor Vehicles) of the New Jersey Stat­utes, as amended, but which are not registered.

C. Excepted from this Ordinance and the above definition are such vehicles as are expressly exempted from registration under Title 39 (Motor Vehicles) of the New Jersey Stat­utes, as amended, lawn mowers, garden tools, tractors and farm and construction equipment.

§ 82-4. Violations and penalties-Eighteen years or older.

Any person of the age of eighteen years or over who shall violate any of the terms and provisions of this Ordinance shall, upon conviction thereof by a Court of competent juris­diction be subject to a fine not to exceed the sum of $500.00 or imprisonment for a term of not more than thirty days or both.

§ 82-5. Violations and penalties-under the age of eighteen.

Any person under the age of eighteen years who shall violate any of the terms and provisions of this Ordinance shall be deemed to be a juvenile delinquent and shall be proceeded against as such. It shall be rebuttably presumed that any person under the age of eighteen years who operates an unlicensed motor-driven or motorized vehicle in violation of the terms and provisions of this Ordinance who resides with his or her parent, parents, guardian or guardians or other person or persons having custody of such person is or was operating said vehicle with the permission and sufference of said parent or parents, guardian or guardians or other person or persons having custody.

§ 82-6. Severability.

If any section, paragraph, sub-paragraph, sub-division, sentence, clause or provision of this Ordinance shall be for any reason declared or adjudged invalid by a Court of competent juris­diction, such judgment or adjudication shall not affect, impair or invalidate the remaining portions of this Ordinance but shall be confined in its operation to the section, clause or part thereof directly involved in the controversy in which such judgment or adjudication shall have been rendered.

§ 82-7. Repealer.

All ordinances or parts of ordinances inconsistent with or in conflict with this ordinance are hereby repealed to the extent of such inconsistency.

§ 82-8. Effective date.

This Ordinance shall take effect twenty days after final passage, adoption and publication in the manner prescribed by law.