[HISTORY: Adopted by the Mayor and Council of the Borough of Kenilworth 2-8-1972 as Ord. No. 72-1. Sections 66-6, 66-7A and 66-9 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
[Amended 5-11-1976 by Ord. No. 76-11]
License required. It shall be unlawful for any person to operate or use a bicycle upon any streets, alleys or public highways of the Borough of Kenilworth without first obtaining from the Police Department a license therefor.
Definitions. For the purpose of this chapter, the following terms shall have the meanings indicated:
- Includes a pedal bicycle having a helper motor characterized in that the maximum piston displacement is less than 50 cubic centimeters rated no more than 1.5 brake horsepower and capable of a maximum speed of no more than 25 miles per hour.
All bicycle licenses shall be issued by the Police Department. The licensing period shall be for a period of two years commencing on January 1 of every even-numbered year and expiring at the end of every odd-numbered year. Renewal licenses may be applied for at any time during the month of January of every even-numbered year. New licenses shall only be issued to expire at the end of the existing current licensed term. The license shall be replaced when lost, stolen or mutilated or when it becomes necessary to issue a new registration. Licenses when issued shall entitle the licensee to operate such bicycle for the term for which such licenses have been issued upon the streets, alleys and public highways in the Borough of Kenilworth, exclusive of the sidewalks thereof.
The Borough of Kenilworth shall provide a license plate or a license in the form of a decal, together with a registration card. Said license plate or license decal, as the case may be, shall bear a number stamped or printed thereon, and each such license shall be a number of licenses numbered in numerical order. Such license plate or license decal shall be suitable for attachment upon the mudguard or frame of the bicycle so as to be visible from the rear of the bicycle. The Police Department shall keep a record of the date of issue of each license, to whom issued, the number thereof and the fee paid.
It shall be the duty of every person, firm or corporation who sells or transfers ownership of any bicycle to report such sale or transfer by returning to the Police Department the registration card issued to such person as licensee thereof, or proof that the license decal can no longer be used, together with the name and address of the person to whom said bicycle was sold or transferred, and such report shall be made within five days of the date of said sale or transfer. It shall be the duty of the purchaser or transferee of such bicycle to apply for a new license and registration therefor within five days of said sale or transfer.
It shall be unlawful for any person willfully or maliciously to remove, destroy, mutilate or alter the number of any bicycle frame license pursuant to this chapter. It shall also be unlawful for any person to remove, destroy, mutilate or alter any license plate or license number decal, seal or registration card during the time in which such license, seal or registration card is operative; provided, however, that nothing in this chapter shall prohibit the Police Department from stamping numbers on the frames of bicycles on which no serial number can be found or on which said number is illegible or insufficient for identification purposes. The substitution of plates or license decals not in conformity with this chapter is prohibited.
Editor's Note: Original Section 6, which concerned additional prohibitions and which immediately followed this section, was repealed 5-11-1976 by Ord. No. 76-11.
The police officers of the Borough of Kenilworth may inspect any bicycle on any public highway or public place at any time to ascertain whether or not it has a registration tag or registration decal properly displayed on it or whether the bicycle is in proper mechanical condition to be operated safely. In the event that a bicycle is being used or operated without the aforesaid tag or license decal or is in such condition as to be unfit for safe operation, the Police Department may impound and confiscate the bicycle until such time as the person or persons owning it have procured the necessary registration tag or have rendered the bicycle safe for use and have also paid the fee as set in Chapter 91, Fees, for the release of the bicycle.
The license fee to be paid for each bicycle shall be as set in Chapter 91, Fees, when the licensed period has more than one year before the expiration date, and when the remaining licensed period shall be less than one year before the expiration date, the license fee shall be as set in Chapter 91, Fees.
Where the owner of a bicycle shall transfer or dispose of a licensed bicycle, he may transfer the registration to another bicycle without charge. Licenses shall not be transferred when the ownership of the bicycle is transferred. In the event of a transfer of the license from one bicycle to another owned by the same owner, a new license tag or decal may be issued without charge if the old tag or decal is or will be too mutilated to make a physical transfer.
A person owning one or more bicycles shall have a license for each bicycle.
All moneys collected under the provisions of this chapter shall be paid to the Treasurer of the Borough of Kenilworth.
Editor's Note: Original Section 10, which dealt with rules and regulations made by the Police Department for operation of bicycles on public through fares and which immediately followed this section, was repealed 5-11-1976 by Ord. No. 76-11.
[Amended 5-11-1976 by Ord. No. 76-11]
Any person, firm or corporation who or which shall violate any of the provisions of this chapter shall, upon conviction, be subject to a fine not exceeding $500 or imprisonment for 90 days, or both.