[Adopted 9-12-2013 by Ord. No. 17-2013]
It is the purpose and intent of this article to exercise the
authority granted to the City pursuant to N.J.S.A. 39:4-10.10a to
regulate the operation of bicycles, roller skates, in-line skates,
skateboards, and scooters upon the roadways and public properties
under municipal jurisdiction in order to reduce damage to property,
lessen the risk of harm to the public and eliminate unnecessary and
expensive repairs to be made to facilities owned by the City and facilities
under the jurisdiction of the Somers Point Recreation Commission and
the Somers Point Board of Recreation, in the best interest of the
public.
Whenever used in this article, unless a different meaning clearly
appears from the context, the terms herein shall be defined as follows:
A vehicle with two wheels propelled solely by human power
and having pedals, handlebars and a saddlelike seat for the rider,
steered by a handlebar and driven by pedals. The term shall include
a bicycle for two or more persons, having seats and corresponding
sets of pedals arranged in tandem.
Utilizes existing roadways and is contiguous thereto but
provides a separate lane of travel for the exclusive or semi-exclusive
use of bicycles. The bike lane is physically separated from motor
vehicle traffic by painted lines, pavement coloration, curbing, parked
vehicles or other barriers.
A separate pathway for the exclusive use of bicycles and
pedestrians separated from motor vehicle traffic except at bike crossings.
Utilizes existing streets and roads. No separation of motor
vehicle and bicycle traffic is provided as only signs are present
to indicate the course of the bike route.
The City of Somers Point.
Privately improved real estate, lot, and cojoined lots, open
to the general public, where commodities and services are exchanged,
bought or sold, including, but not limited to, a store, shopping center,
mall, office building, or professional complex, together with the
remainder of the same lot(s) designated for related vehicle or pedestrian
use.
Protective head gear which meets the standards of the American
National Standards Institute (ANSI Z90.4. Bicycle Helmet Standard),
Snel Memorial Foundation's 1990 Standard for Protective Head Gear
for use in Bicycling, the American Society for Testing and Materials
(ASTM) standard or other such standard, as appropriate.
A pair of devices worn on the feet with at least two or more
wheels attached, which wheels are in tandem and which devices are
used to glide and propel the user over the ground.
Includes any person under the age of 18 years of age.
Includes any adult person having care or custody of a minor,
whether by reason of blood relationship, the order of any court or
otherwise.
An individual, association of individuals, group, or corporation.
Any vehicle powered by two-stroke gas engines or electric
motors that can be recharged by plugging them into wall sockets. Furthermore,
they can be scaled-down motorcycle-type vehicles which fail to meet
certain safety regulations such as headlight height from the ground,
taillights, brake lights, etc.
A two-wheeled vehicle other than a motor vehicle, bicycle
with helper motor or a motorized scooter and which is propelled by
an internal combustion engine, electric motor or other mechanical
means; is capable of carrying a rider and/or passenger at a speed
in excess of five miles per hour; and is designed to replicate the
general appearance of a motorcycle, regardless of the scale of the
replication.
Any place to which the public has access and shall include
any public or private street, highway, road, alley or sidewalk. It
shall also include the areas appurtenant to any store, shop, restaurant,
tavern, place of amusement or entertainment or other place of business,
and public grounds, areas and parks, as well as parking lots or other
vacant private property not owned by or under the control of the person
charged with violating this article or, in the case of a minor, not
owned or under the control of his parent or guardian.
Includes a skate with small wheels instead of a runner for
skating on a surface other than ice; also a pair of devices worn on
the feet with a set of wheels attached, regardless of the number or
placement of those wheels and used to glide or propel the user over
the ground.
Includes a vehicle that consists typically of a narrow footboard
mounted between two wheels tandem with an upright handle attached
to the front wheel as a steering handle that is operated by placing
one foot on the footboard and pushing with the other foot and used
to glide or propel the user across the ground.
Includes a vehicle that consists typically of a narrow footboard
mounted between four small wheels that is operated by placing one
foot on the footboard and pushing with the other foot; also a piece
of wood, fiberglass or other rigid material, mounted on skate wheels
used to glide or propel the user across the ground.
Includes all ramps commonly referred to as such, platforms
manufactured or contrived surfaces of any and every pattern or configuration
and other similar devices and things designed for use for riding a
skateboard upon or above any areas.
The City Council, pursuant to N.J.S.A. 39:4-10.10a, may regulate
the operation of bicycles, roller skates, in-line skates, skateboards,
and scooters upon the roadways and public properties under municipal
jurisdiction.
A.
In accordance with N.J.S.A. 39:4-10.11, any person operating any
bicycle, roller skates, in-line skates, skateboard, or scooter upon
a permitted 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; provided, however, that any
person may move to the left under any of the following situations:
(1)
To make a left turn from a left-turn lane or pocket.
(2)
To avoid debris, drains or other hazardous conditions that make
it impracticable to ride at the right side of the roadway.
(3)
To pass a slower-moving vehicle.
(4)
To occupy any available lane when traveling at the same speed
as other traffic.
(5)
To travel no more than two abreast when traffic is not impeded,
but otherwise shall ride in single file, except on paths or parts
of roadways set aside for the exclusive use of bicycles, roller skates
or skateboards.
B.
Where a bike lane has been designated, bicycles, roller skates, in-line
skaters and skateboards shall remain within the designated lane.
C.
Additional regulations and equipment applicable to bicycles:
(1)
Every bicycle operated or driven upon any public street in the
City shall be equipped and operated in accordance with the laws of
the State of New Jersey.
(2)
All bicycles, when parked on sidewalks, shall be parked only
in such a manner as not to obstruct pedestrian traffic or access to
adjacent buildings.
(3)
No bicycle shall be parked in any street. No bicycle shall be
parked in such a manner as to obstruct the pedestrian walkway or in
a manner that interferes with the entrance and/or exit of a business.
(4)
Every bicycle when in use at nighttime shall be equipped with
a lamp on the front which shall emit a white light visible from a
distance of at least 500 feet to the front and with a lamp on the
rear which shall emit a red light visible from a distance of at least
500 feet to the rear.
(5)
No person shall operate a bicycle 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.
(6)
No bicycle or other manually powered device shall be used to
carry more persons at one time than the number for which it is designed.
(7)
No person riding upon any bicycle shall attach the same or himself/herself
to any vehicle, and no operator of any vehicle shall knowingly allow
any person riding upon any bicycle to attach the same or himself/herself
to the vehicle.
(8)
Every bicycle shall be equipped with a brake which will enable
the operator to make the braked wheels skid on dry, level, clean pavement.
(9)
A person propelling or riding on a bicycle shall not ride other
than upon or astride a permanent and regular seat attached thereto,
nor shall he/she ride with his/her feet removed from the pedals or
with both hands removed from the handlebars.
(10)
No person operating a bicycle shall carry any package, bundle
or articles which prevents the rider from keeping at least one hand
on the handlebar.
(11)
Every person riding or operating a bicycle shall obey all traffic
signals, signs and devices in the same manner and to the same extent
as would be required if said person was operating a motor vehicle.
(12)
Every person riding or operating a bicycle shall be required
immediately, before crossing a street or public roadway, where any
bike path or sidewalk intersects, to come to a complete stop for the
purpose of making an observation in order to ensure that said street
or sidewalk is clear of pedestrians or vehicles.
(13)
The operator of a bicycle emerging from an alley, driveway or
building shall, upon approaching a sidewalk or sidewalk area extending
across any alleyway, yield the right-of-way to all pedestrians approaching
on said sidewalk or sidewalk area and, upon entering the roadway,
shall yield the right-of-way to all vehicles approaching on said roadway.
(14)
No person shall operate a bicycle at speeds faster than are
reasonable or proper, which in no case shall be in excess of legal
speed limits, unless participating in an officially sponsored or sanctioned
rally or road race for which a municipal permit has been obtained.
(15)
No person shall ride a bicycle in a reckless or careless manner
which endangers, or is likely to endanger, the safety or welfare of
other persons or property.
(16)
Wherever any person is riding a bicycle on any bike path which
is also used for pedestrians, such person shall yield the right-of-way
to all pedestrians and shall give an audible signal before overtaking
or passing such pedestrians.
The operation of any roller skates, in-line skates, skateboard,
or scooter by any person under the age of 14 is prohibited upon the
following roadways:
A.
Any section of roadway with a posted speed limit in excess of 35
miles per hour.
A.
The use of motorized roller skates, in-line skates, scooter, or skateboard
is hereby prohibited within the City of Somers Point. The motor need
not be engaged in order for a person to be in violation of this prohibition.
The operation of motorized bicycles shall be as regulated by N.J.S.A.
39:4-14.3 relative to motorized bicycles.
B.
This prohibition shall not apply to operation of a motorized scooter as defined in Subsection C to whom a person with a mobility-related disability has been issued a handicapped placard by the Chief Administrator of the New Jersey Motor Vehicle Commission in compliance with N.J.S.A. 39:4-14.15 and providing that all other provisions of N.J.S.A. 39:4-14.15 are complied with by such person.
C.
"Motorized scooter" shall mean a gas- or electric-powered scooter
or mini scooter which is capable of a maximum speed of not more than
15 miles per hour on a flat surface. Nothing in this section shall
be construed to authorize or permit the registration or operation
of any pocket bike, super pocket bike, sport scooter, mini chopper,
mini motorcycle, or motorized skateboard on any public street by a
person with a mobility-related disability.
D.
In compliance with N.J.S.A. 39:4-14.15, the operator of such device
requests the Chief Administrator of the New Jersey Motor Vehicle Commission
to issue to the holder of a handicapped person identification card,
a placard or sticker of such size and design as shall be determined
by the Chief Administrator in consultation with the Division of Vocational
Rehabilitation Services in the Department of Labor and Workforce Development
and the Division of Disability Services in the Department of Human
Services, indicating that a handicapped person identification card
has been issued to the person designated therein and that the person
so designated may operate the motorized scooter on public streets
as provided in Subsection e of N.J.S.A. 39:4-14.15. The placard or
sticker shall be displayed in such manner as the Chief Administrator
shall determine on the motorized scooter used by the named individual
with a mobility-related disability. As a condition for such registration,
the owner or operator shall produce or display appropriate proof that
a policy of liability insurance is in effect for that motorized scooter.
The owner or operator shall register the motorized scooter with the
municipality with a copy of the placard or sticker.
E.
As provided in N.J.S.A. 39:4-14.15e, a properly registered motorized
scooter may be operated by a properly designated person with a mobility-related
disability on any public street with a posted speed limit not exceeding
25 miles per hour.
F.
The penalty for noncompliance with regulations on electric personal
assistive mobility device operation shall be as set forth in N.J.S.A.
39:4-14.11.
A.
Locations where skateboards, skates and scooters prohibited; exception
for hockey.
(1)
No person shall use or operate or ride on a skateboard, roller
skates, in-line skates, or scooter upon or in:
(a)
Public and private sidewalks;
(b)
The grounds of Kennedy Park, except where specifically permitted;
(c)
Any ball fields, running track(s), tennis or basketball court(s),
hockey rink(s) or beach(es) owned by, leased to or under the control
of the City of Somers Point and/or the Somers Point Recreation Commission;
(d)
The grounds of the Somers Point public schools;
(e)
All municipal parking lots, including fire company lots;
(f)
The grounds of City Hall except on sections marked as a bike
path and except for City-sponsored events such as the annual bike
rodeo.
(2)
This prohibition against in-line skates and roller skating shall
not apply to any person properly participating in an approved game
or games of hockey during authorized times on any hockey rink intended
for that activity.
B.
Locations where bicycles prohibited; police exception.
(1)
No person shall use or operate or ride on a bicycle upon or
in:
(a)
Public and private sidewalks;
(b)
Any ball fields, running track(s), tennis or basketball court(s),
hockey rink(s) or beach(es) owned by, leased to or under the control
of the City of Somers Point and/or the Somers Point Recreation Commission;
(c)
The grounds of the Somers Point public schools other than parking
lots;
(d)
Any other municipal parking lots, including fire company lots;
(e)
The grounds of City Hall except on sections marked as a bike
path.
(2)
This prohibition against bicycle operation shall not apply to
any member of the Somers Point Police Department engaged in police
business.
A.
Members of the Police Department shall have the authority to eject anyone violating any prohibition of § 250-67.1 from any of the described locations, which shall be in addition to any other penalty which may be imposed.
B.
Members of the Somers Point Police Department and members of the Somers Pont Recreation Commission or its designated representatives shall have the authority to eject anyone violating any prohibition of § 250-67.1 from ball fields, running track(s), tennis or basketball court(s), hockey rink(s), parks or beaches owned by, leased to or under the control of the City of Somers Point and/or the Somers Point Recreation Commission, which shall be in addition to any other penalty which may be imposed.
Any person who violates § 250-67.1A(1)(b) or (c) or § 250-67.1B(1)(b) may be denied the future use of such facilities. This prohibition may extend to organizations responsible for the activities of their members.
Any person violating this article who causes damage or the parents
and guardians of any minor violating this article shall be liable
for reimbursing the City, the Somers Point Recreation Commission,
or the Somers Point Board of Education for any property damage that
is caused by such person or by any minor in their charge or for whom
they are responsible whose activit(ies) in violation of this article
causes damage to property City-owned, leased or under the control
of the City of Somers Point or the Somers Point Recreation Commission,
which shall be in addition to any other penalty which may be imposed.
A.
No person shall use or operate or ride on a bicycle, roller skate,
in-line skate, skateboard or scooter:
(1)
In a careless manner without due caution and circumspection;
(2)
While endangering, or in any manner creating a risk or danger to,
any person or property;
(3)
In any manner to impede or interfere with pedestrian or vehicular
traffic; or
(4)
Without a helmet when required by law, including but not limited
to N.J.S.A. 39:4-10.1, N.J.S.A. 39:4-10.5. Notwithstanding any other
provision of this article, the penalty imposed upon the violator or
the parent or guardian of a minor violator for failing to wear a helmet
shall be as provided in N.J.S.A. 39:4-10.2 and N.J.S.A. 39:4-10.6,
and any fine shall be payable to the New Jersey Bicycle and Skating
Fund.
B.
No person shall place, locate or leave a skateboard or a skateboard
ramp in any public roadway (including the entire paved and improved
surface thereof, the gutter areas, and from curb to curb, where curbs
exist), any public sidewalk, bike path, bike lane, and any other location
or site so as to create an obstruction or hazardous condition.
C.
Except as means of transportation to and from a commercial establishment,
no person shall operate a skateboard, or otherwise engage in activities
collectively known as "skateboarding," on the premises of a commercial
establishment(s) or surrounding area designated for vehicle or pedestrian
traffic and parking.
D.
The prohibition of Subsection C above shall be unenforceable unless a sign which clearly indicates said prohibition and the penalty for violation of this article has been prominently posted by the owner of the commercial establishment(s).
E.
No person riding upon any bicycle, roller skate, in-line skate, skateboard
or scooter shall attach the same or himself/herself to any vehicle
upon a roadway, and no operator of any such vehicle shall knowingly
allow any person riding upon any bicycle, roller skate, in-line skate,
skateboard or scooter to attach the same or himself/herself to any
such vehicle.
In addition to any other penalty or prohibition which may be
provided for within this article, any police officer of the City who
shall observe any person using, operating or riding upon a roller
skate, in-line skate, skateboard, scooter, motorized scooter, pocket
bike, or pocket motorcycle in violation of this article the following
penalty(ies) shall apply:
A.
As to any person under the age of 18 found in violation of any provision
of this article arising out of the operation or use of a bicycle,
roller skate, in-line skate, skateboard or scooter:
(1)
First offense: written notification sent to parent advising of the
violation and warning that subsequent violations, of any provisions,
may result in impoundment of the bicycle, roller skate, in-line skate,
skateboard or scooter.
(2)
Second offense: impoundment of the bicycle, roller skate, in-line
skate, skateboard or scooter by the Police Department until such time
as the person brings his or her parent or guardian to the police station
to pick up the bicycle. The parent or guardian will be provided with
a notice acknowledging that any additional infraction will result
in the assessment of the scheduled fine.
(3)
Third and subsequent offenses: impoundment of the bicycle, roller
skate, in-line skate, skateboard or scooter by Police Department until
pickup by parent or legal guardian and payment by parent or legal
guardian of the fine set forth in the schedule below:
|
Violation
|
Fine
|
|---|---|
|
Failure to obey traffic sign or signal
|
$25
|
|
Riding against the flow of traffic
|
$35
|
|
Failure to ride in designated area where prescribed
|
$50
|
|
Hitching on to moving vehicles
|
$100
|
|
Reckless or careless riding/operation
|
$50
|
|
Exceeding legal speed limits
|
$25
|
|
Creating obstruction or hazardous condition
|
$45
|
|
Operating, riding, or using in a prohibited location
|
$100
|
|
Failure to obey traffic sign or signal
|
$25
|
|
Operating bicycle without proper lights after dark
|
$35
|
|
Operating bicycle with inoperative braking devices
|
$50
|
|
$25
|
B.
Adult offenders.
(1)
An adult offender, 18 years or above, who shall be issued a summons in accordance with the violations specified in Subsection A, may waive the right of a court hearing by completing the appearance, plea and waiver on the reverse side of the summons and delivering or mailing same, together with payment of the fine, to the Municipal Court Violations Clerk. This waiver may be exercised for first offenses only. Each subsequent offense shall require a mandatory court appearance.
(2)
In addition to or as a substitute for the previously mentioned fine,
upon a second offense by an adult offender, in the discretion of the
Municipal Court Judge, the imposition of community service shall be
authorized as an additional penalty, which community service shall
not exceed 90 days.
(3)
Any adult person violating any provision of this article for a third
or subsequent time shall, upon conviction, be subject to:
(a)
A fine, the amount of which shall be within the discretion of and shall be fixed by the Municipal Court Judge of the City of Somers Point, or other court or judicial officer having appropriate jurisdiction, but which shall in no case be greater in amount than that permitted by N.J.S.A. 40:49-5, as amended and supplemented, and the maximum penalty as set forth in Article II, Section 1 of the Somers Point Municipal Code;
(b)
(c)
Both a fine and a period of community service.
C.
In the event the use or operation of the bicycle, roller skate, in-line skate, skateboard or scooter was in violation of § 250-67.1 and caused damage to public property, in addition to the fine and penalty set forth above, the adult offender or, if the offender is a minor, the parent or guardian of the minor shall be required to make restitution for the damage to the City of Somers Point, the Somers Point Recreation Commission, or the Somers Point School District, as the owner of the damaged property, as the case may be. The cost to repair the damage shall be prepared by the Somers Point City Administrator.
D.
Any person found in violation of any provision of this article arising
out of the operation or use of a motorized scooter, pocket bike, or
pocket motorcycle shall be subject to:
(1)
For the first offense, to a fine of not less than $100 nor more than
$200 and seizure of the motorized scooter. The seized motorized scooter,
pocket bike, or pocket motorcycle may only be retrieved from the police
by the operator of the motorized scooter, pocket bike, or pocket motorcycle
or, if the operator is under 18 years of age, by the operator accompanied
by the operator's parent or guardian.
(2)
For the second offense, to a fine of not less than $200 nor more
than $500 and seizure of the motorized scooter, pocket bike, or pocket
motorcycle. The seized motorized scooter, pocket bike, or pocket motorcycle
may only be retrieved from the police by the operator of the scooter
or, if the operator is under 18 years of age, by the operator accompanied
by the operator's parent or guardian, provided that the court adjudicating
the matter approves the return of the motorized scooter, pocket bike,
or pocket motorcycle. In addition to the fine and seizure provided
for in this subsection, the court shall order the violator to perform
community service for a period of not greater than 25 hours.
(3)
For the third or subsequent offense, to a fine of not less than $500
nor more than $750 and seizure and forfeiture of the motorized scooter,
pocket bike, or pocket motorcycle. In addition to the fine and seizure
and forfeiture provided for in this subsection, the court shall order
the violator to perform community service for a period of not greater
than 50 hours.
Every section of this article, subsection, or subdivision or
separate part thereof shall be considered a separate provision, and
in case any such provision shall be held by a proper legal tribunal
to be unconstitutional or invalid, the same shall not affect any other
provision except so far as the provision so declared to be unconstitutional
or invalid shall be inseparable from the remainder of any portion
thereof.
