[HISTORY: Adopted by the City Council of the City of Camden 10-11-1973 by Ord. No. MC-772 (Ch. 561 of the 1987 Code); amended in its entirety 6-14-2016 by Ord. No. MC-4966. Subsequent amendments noted where applicable.]
A. 
The purpose of this chapter shall be to set standards for the operation of certain motor-driven off-road vehicles within the City of Camden so as to improve public safety standards as well as to minimize the impact of operation of such vehicles on residents of the City, the public at large, and to reduce injury to the environment, drivers, passengers and bystanders.
B. 
The motor-driven off-road vehicles subject to this chapter are the following: motor-driven vehicles designed primarily for transportation of the driver, including without limitation motorbikes, minibikes, trailbikes, unlicensed motorcycles, mopeds, motor scooters, guards, go-carts, dune buggies, all-terrain vehicles and any other recreational vehicles when same are motorized and used for transportation of the driver.
C. 
To amend Chapter 827 to incorporate S-4080/A-6088, which amends N.J.S.A. 39:3C-35 and N.J.S.A. 2C:64-1.
[Added 4-12-2022 by Ord. No. MC-5376]
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.
[1]
Editor's Note: For related provisions, see Ch. 539, Parental Responsibility.
[Added 4-12-2022 by Ord. No. MC-5376[1]]
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.
[1]
Editor's Note: This ordinance also renumbered former §§ 827-6 and 827-7 as §§ 827-7 and 827-8, respectively.
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[1]]
[1]
Editor's Note: This ordinance also redesignated former Subsections B through D as Subsections C through E, respectively.
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]
A. 
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[1]]
[1]
Editor's Note: This ordinance also redesignated former Subsections A and B as Subsections B and C, respectively.
B. 
Unless otherwise provided for in this chapter, penalties against persons violating the provisions of this chapter shall be imposed in accordance with the provisions of § 1-15.
C. 
In addition to the above schedule in § 827-7A setting forth the penalties for violating the provisions of Chapter 827, any person convicted of violating any of the provisions of Chapter 827 with regard to the illegal operation of a motorized scooter may also be subject to applicable provisions and penalties set forth in Chapter 4 of Title 39 of the Revised Statutes, including those provisions of N.J.S.A. 39:4-14.13 regarding violations; fines; seizure and/or forfeiture of such person's motorized scooter; and community service.