[HISTORY: Adopted by the Mayor and Council
of the Borough of South River as indicated in article histories. Amendments
noted where applicable.]
[Adopted 7-27-1977 by Ord. No. 1977-34 (Ch. 194 of the 1977
Code)]
The Borough of South River hereby adopts a chapter
prohibiting the use and operation of certain motor-driven vehicles
as follows:
A.
It shall be unlawful for any person to operate any motorized vehicle including motorcycles, snowmobiles, minibikes, trail bikes, motor scooters, go-carts, motorized skateboards, all-terrain vehicles (ATV's) and dune buggies or any other vehicle in the class known as recreational vehicles on any property or under any circumstances described in § 324-2 hereof.
The property to be regulated by this article
is as follows: all privately owned property and publicly owned property
off the improved right-of-way, except driveways leading to and from
the public right-of-way and residential right-of-way.
The Mayor and Council hereby enacts this article
because it finds that operation of such motorized vehicles has been
conducted:
The terms and provisions of this article shall
not be applicable to police or other emergency vehicles, including
but not limited to ambulances, motorcycles, fire control vehicles
and the like, or to motorized lawnmowers, tractors or farm vehicles
or construction equipment.
The Police Department of the Borough of South
River is hereby authorized to confiscate and impound any motorized
vehicle which is allegedly operated in violation of the terms of this
article. All towing charges as well as storage fees shall be set pursuant
to regulations promulgated by the Chief of Police.
[Amended 12-14-1977 by Ord. No. 1977-50; 8-22-1979 by Ord. No. 1979-40]
Notwithstanding anything contained in this article
to the contrary, application may be made to the Mayor and Council
to obtain a permit for a time period not exceeding nine months for
the use of any vehicle regulated by this article on specific property.
Notice of the application shall be served on all residents and owners
of property within 200 feet of the subject property. The Mayor and
Council may issue a permit for the property if it finds that the proposed
area shall be sufficient for the intended purpose, that adequate parking
is available, that the means of ingress and egress are adequate to
prevent a traffic hazard, congestion or excessive interference with
normal traffic movement on adjacent public streets and thoroughfares
and that the property can be so used without adversely affecting the
neighborhood. Any permits so issued shall be restricted to the extent
that there shall be no use of any such vehicle on Sundays nor between
the hours of 9:00 p.m. and 8:00 a.m. on any weekday, and no vehicle
shall be so used within eight feet of the boundary lines of any licensed
premises at any time whatsoever. The Mayor and Council may renew any
such permits issued to an applicant for continuing nine-month periods
upon reapplication by any citizen. No notices or hearings shall be
required upon reapplication.
[Adopted 5-10-2010 by Ord. No. 2010-14]
As used in this article, the following terms shall have the
meanings indicated:
Any conveyance upon which a person may ride propelled wholly
or in part by human muscular power and having two tandem wheels.
A rack for parking bicycles in locations described and designated under § 324-10 of this article.
A.
Applicability. A person may park a bicycle on any street, sidewalk
or other thoroughfare only in accordance with the terms and conditions
of this section.
B.
Prohibited acts. No person may park a bicycle where parking is prohibited
or restricted by an official traffic control device; nor shall any
bicycle be parked in the Borough where the parking of the bicycle
impedes the normal and reasonable movement of pedestrian or other
traffic; nor shall any bicycle be parked so as to constitute a hazard
to pedestrians, traffic and/or property; nor shall any person park
a bicycle on a street or other thoroughfare or on or near any parking
lot in such a manner as to obstruct the movement of a legally parked
motor vehicle.
C.
Mandatory use of bicycle racks. At all locations where bicycle racks are provided, in addition to the prohibitions set forth in Subsection B above, no person shall park and/or secure a bicycle near or to any publicly or privately owned tree, fence, pole, post or other property, nor may any person park and/or secure a bicycle where an official control device or any applicable law or ordinance prohibits the parking or securing of bicycles at that location, but instead shall park a bicycle in a bicycle rack.
D.
Any bicycle found to be in violation of this section shall be subject
to removal and impoundment by the South River Police Department. It
shall be the responsibility of the South River Police Department to
hold said impounded bicycle until such time as the lawful owner is
located or for a period of at least six months, whichever comes first.
Bike racks may be placed in the public right-of-way in accordance
with the following:
A.
There must be at least a six-foot clear walkway, to comply with the
Americans with Disabilities Act, in addition to any frontage occupied
by street furniture.
B.
A bicycle rack may not be located directly in front of a store/building
entrance or exit or in a driveway.
C.
Any street utility vaults, such as electric, must be located with
a two-foot clearance from a bicycle parked at a rack, not the rack
itself.
D.
A bicycle rack may not be located in a blue curb zone (disabled parking).
E.
A bicycle rack may not be located closer to the curb than two feet;
a three-foot distance from the curb is preferred.
F.
A bicycle rack shall be located two to three feet from any street
encroachments.
Any person riding a bicycle on a sidewalk shall:
A.
Whenever any bicycle shall be impounded because of its unfitness for safe operation, it shall be surrendered at the end of the impoundment period to the owner or, in the case of a juvenile, to the parents or the guardian of the owner upon payment of a charge for storage at the discretion of the Chief of Police; but, if a charge is made, it shall not exceed such amount as provided in Subsection B below for the first and subsequent impoundments. In the case of seizure of a bicycle because it has been found in the possession of a person not the legal owner thereof, the owner shall be notified of such seizure, provided the name of the owner can be determined. If the bicycle is not reclaimed by the legal owner thereof, it shall be subject to destruction after the expiration of a six-month period that begins on the date of seizure. The destruction of said bicycle shall be in accordance with the policies and procedures for the destruction of found property as established by the South River Police Department.
Any person over the age of 18 who violates § 324-9 shall, upon conviction thereof, be punished by a fine not exceeding $100.
