[HISTORY: Adopted by the Borough Council
of the Borough of Stone Harbor as Sec. 4-7 of the 1982 Revised General
Ordinances. Amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
Any vehicle which has one or more wheels, that is mechanically
operated by the feet or hands, or by other means, other than by the
use of a motor or motor power of any kind, and that can be used for
the transportation of a person.
The meaning ascribed to it under N.J.S.A. 39:4-14.10, as
same may be amended from time to time, namely "a self-balancing nontandem
two-wheeled device designed to transport one person which uses an
electric propulsion system with average power of 750 watts (one horsepower),
whose maximum speed on a paved level surface, when powered solely
by such a propulsion system while operated by a person weighing 170
pounds, is less than 20 miles per hour" and shall include but not
be limited to "Segway" devices which fit such definition.
Attachments to the feet on wheels, which are secured to the
feet and upon which one propels himself with the use of his legs.
Any board or similar item upon which wheels are erected and
upon which a person stands or kneels and propels himself along with
his hands and/or feet.
Every bicycle or electric personal assistive
mobility device when in use at nighttime shall be equipped with a
lamp on the front which shall emit a white light visible from the
distance of at least 500 feet to the front and a lamp on the rear
which shall emit a red light visible from a distance of at least 500
feet to the rear. In addition to the red lamp, a red reflector may
be mounted on the rear, of a type approved by the Division, which
shall be visible from all distances from 50 feet to 300 feet to the
rear when directly in front of lawful upper beams of head lamps on
a motor vehicle.
No person shall operate a bicycle or electric
personal assistive mobility device unless it is equipped with a bell
or other device capable of giving a signal audible for a distance
of at least 100 feet, except that a bicycle shall not be equipped
with nor shall any person use upon a bicycle any siren or whistle.
Every bicycle or electric personal assistive
mobility device shall be equipped with a brake which will enable the
operator to make the braked wheels skid on dry, level, clean pavement.
A person propelling or riding on a bicycle or
electric personal assistive mobility device shall not ride other than
upon or astride a permanent and regular seat or, in the case of an
electric personal assistive mobility device, a platform designed for
standing, attached thereto, nor shall he ride with his feet removed
from the pedals or the platform or with both hands removed from the
handlebars, nor shall he practice any trick or fancy riding in a street.
No bicycle or electric personal assistive mobility device shall be
used to carry more persons at one time than the number for which it
is designed and equipped.
No person riding upon any bicycle, coaster,
skates, skateboard, scooter, sled, or toy vehicles or electric personal
assistive mobility device shall attach the same or himself to any
street car or vehicle upon a roadway. No operator of any street car
or vehicle shall knowingly allow any person riding upon any bicycle,
coaster, skates, sled or toy vehicle to attach the same or himself
to the street car or vehicle.
A.Â
Every person riding a bicycle or electric personal
assistive mobility device upon a roadway shall be granted all the
rights and shall be subject to all of the duties applicable to the
driver of a vehicle under N.J.S.A. 39:4 and all supplements thereto,
except those provisions which by their nature can have no application.
B.Â
Regulations applicable to bicycles or electric personal
assistive mobility devices shall apply whenever a bicycle or electric
personal assistive mobility device is operated upon any highway or
upon any path set aside for the exclusive use of bicycles or electric
personal assistive mobility devices subject to those exceptions stated
herein.
A.Â
Every person operating a bicycle or electric personal
assistive mobility device upon a roadway shall ride as near to the
right side of the roadway as practicable, exercising due care when
passing a standing vehicle or one proceeding in the same direction.
B.Â
Persons riding bicycles or electric personal assistive
mobility devices upon a roadway shall ride in single file except on
paths or parts of roadways set aside for the exclusive use of bicycles
and/or electric personal assistive mobility devices. Wherever a usable
path for bicycles has been provided adjacent to a roadway, bicycle
riders shall use such path and shall not use the roadway.
[Amended 7-19-2005 by Ord. No. 1238; 10-7-2008 by Ord. No.
1324; 9-4-2012 by Ord. No. 1408; 7-3-2018 by Ord. No. 1523]
A.Â
No person shall operate a bicycle or propel himself
by use of a skateboard or roller-skates at any time upon the sidewalks
adjacent to the following streets:
(1)Â
96th Street between the Great Channel bridge and the
ocean seawall, 2nd Avenue between 93rd and 99th Streets, and 3rd Avenue
between 93rd and 99th Streets, inclusive of all such streets.
B.Â
Other than skateboards or in-line skates, no person
shall utilize any type of equipment for conveyance, including but
not limited to bicycles and/or scooters, within the Borough Skate
Park at the Recreation Fields in the vicinity of 81st Street and Second
Avenue.
C.Â
No person shall operate a bicycle or propel himself by use of a skateboard,
roller-skates, or any other means of conveyance at any time upon the
surface of the area located under the pavilion at the 82nd Street
Recreation Support Building.
D.Â
No person shall operate a bicycle or propel himself by use of a skateboard,
roller-skates, or any other means of conveyance at any time upon the
surface of the area located at the Borough Promenade between 80th
Street and 83rd Street and First Avenue.
No person shall place, allow or permit a bicycle
or electric personal assistive mobility device to remain unattended
in any position upon the sidewalk of any of the streets or avenues
in the Borough.
No person shall operate an electric personal
assistive mobility device upon the beaches of the Borough at any time,
except that a person in possession of a New Jersey Division of Motor
Vehicles handicapped placard or such placard validly issued by another
jurisdiction, or a copy of a motor vehicle handicapped license plate,
or a doctor's certification of temporary or permanent physical handicap
shall be permitted to operate an electric personal assistive mobility
device upon the beaches of the Borough at their own risk.
[Amended 7-19-2005 by Ord. No. 1238; 6-20-2023 by Ord. No. 1642; 7-18-2023 by Ord. No. 1648]
Anyone violating any provision of this chapter
shall, upon conviction thereof for a first offense, be subject to
a fine of not exceeding $100 and/or a period of community service
not to exceed 16 hours. A violation of this section, in combination
with conduct by the offender that either causes terror and/or alarm
to others, incites violence, hinders or obstructs any Borough employee
in performance of its duties, is unreasonably loud and/or boisterous,
offends the sensibilities of the public given the time and place of
the conduct, and/or otherwise has a deleterious impact on public order,
shall constitute a breach of the peace.
