[Added 5-1-2019 by Ord.
No. B-131]
The provisions of this article shall apply whenever an electric
scooter is operated upon any street or upon any public way within
the City of Hoboken, subject only to those exceptions stated in this
article. Where the provisions of this article contradict and/or overlap
with any state laws, the state law shall govern.
As used in this article, the following terms shall have the
meanings indicated:
A scooter with a floorboard that can be stood upon by the
operator, with handlebars, and an electric motor that is capable of
propelling the device with or without human propulsion at a maximum
speed of less than 19 miles per hour.
Any electric scooter owned and operated by a private individual.
Any electric scooter owned by a company permitted to offer
publicly accessible electric scooters through a pay-per-ride or subscription
program.
Any person who is operating an electric scooter.
Every person riding an electric scooter upon a roadway shall
be granted all the rights and shall be subject to all the duties applicable
to the driver of a vehicle by the laws of this state and the traffic
provisions of this Code applicable to the driver of a vehicle, except
as to special regulations in this article and except as to those provisions
of laws and ordinances which by their nature are inapplicable to such
persons.
A.
Obedience to traffic control devices.
(1)
Any person operating an electric scooter shall obey the instructions
of official traffic control signs, and other control devices applicable
to vehicles, unless otherwise directed by a police officer.
(2)
Whenever authorized signs are erected indicating that a turning movement
is restricted, no person operating an electric scooter shall disobey
the direction of any such sign, except where that person dismounts
from the electric scooter to make the turn. in which event such person
shall then obey the regulations applicable to pedestrians.
(3)
No person shall ride or operate an electric scooter in any direction
except that permitted of vehicular traffic traveling on the same side
of the roadway.
(4)
Any person operating an electric scooter shall stop for pedestrians
in crosswalks.
B.
Riding on roadways and bicycle paths generally.
(1)
Every person operating an electric scooter upon a roadway shall ride
as near to the right-hand side of the roadway as practicable, exercising
due care when passing a standing vehicle or a vehicle proceeding in
the same direction, unless an exclusive bicycle lane is provided.
(2)
Persons riding an electric scooter upon a roadway shall not ride
more than two abreast except on paths of parts of roadways set aside
for the exclusive use of bicycles.
(3)
Whenever a bicycle lane has been established on a roadway, any person
operating an electric scooter upon the roadway at a speed less than
the normal speed of traffic moving in the same direction shall ride
within the bicycle lane, except that such a person may move out of
the lane under any of the following situations:
(a)
Whenever overtaking or passing another electric scooter, bicycle,
vehicle, or pedestrian within the lane or about to enter the lane
if such overtaking and passing cannot be done safely within the lane.
(b)
When preparing for a turn at an intersection or into a private
road or driveway.
(c)
When reasonably necessary to leave the bicycle lane to avoid
debris or other hazardous conditions.
C.
User age restrictions. No person younger than 18 shall operate an
electric scooter.
D.
Manner of riding an electric scooter. No electric scooter shall be
used to carry more persons at one time than the number for which it
is designed and equipped.
E.
Speed restrictions. No person shall operate an electric scooter at
a speed greater than is reasonable and prudent under the condition
then existing provided it does not exceed 18 miles per hour.
F.
Yielding right-of-way from a bicycle path. Every person operating
an electric scooter on a bike path that is about to enter or cross
a roadway shall yield the right-of-way to all traffic on such roadway.
G.
Leaving bicycle lanes. No person operating an electric scooter shall
leave a bicycle lane until the movement can be made with reasonable
safety and then only after giving an appropriate signal.
H.
Electric scooters emerging from alleys or driveways; yielding right-of-way.
The operator of an electric scooter emerging from an alleyway, driveway,
or building shall, upon approaching a sidewalk area extending across
any alleyway or driveway, yield the right-of-way to all pedestrians
or bicyclists approaching on the sidewalk or sidewalk area. Upon entering
the roadway, the user shall yield the right-of-way to all vehicles
approaching on the roadway.
I.
Clinging to vehicles prohibited. No person riding upon an electric
scooter shall attach the same or himself to any streetcar or vehicle
upon a roadway.
J.
Riding on sidewalks and the Hudson River Waterfront Walkway ("waterfront
walkway").
[Amended 9-18-2019 by Ord. No. B-192]
(1)
No person shall ride an electric scooter upon a sidewalk, which is
defined in N.J.S.A. 39:1-1 as "that portion of a highway intended
for the use of pedestrians, between the curb line or the lateral line
of a shoulder, or if none, the lateral line of the roadway and the
adjacent right-of-way line."
(2)
No person shall ride on the portion of the waterfront walkway that
begins at the north end of Sinatra Park running south to the municipal
border, including but not limited to the promenade area adjacent to
Blue Eyes Cafe nor the portion of the Waterfront Walkway that begins
at the south end of the skateboard park and runs north to the municipal
border. This prohibition shall not include bike lanes or roadways
along the waterfront walkway.
K.
Carrying articles. No person operating an electric scooter shall
carry any package, bundle, or article which prevents the user from
keeping both hands upon the handlebars.
L.
Parking. No person shall park an electric scooter upon a street other
than upon the roadway against the curb or in a designated bicycle
or electric scooter parking area or upon the sidewalk in a rack to
support the electric scooter, or against a building or at the curb
in such manner as to afford the least obstruction to pedestrian traffic.
M.
Lamps and equipment on electric scooters.
(1)
Electric scooters 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 with a lamp emitting a red light
visible from a distance of 500 feet to the rear.
(2)
An electric scooter shall not be equipped with, nor shall any person
use, any siren or whistle upon an electric scooter.
(3)
Electric scooters shall be equipped with a brake which will enable
the operator to make the braked wheel skid on dry, level, clean pavement.
(4)
Electric scooters shall be equipped with a bell or other audible
signal for the purposes of overtaking and passing any pedestrians,
bicycles, or other electric scooters.
(5)
Electric scooters shall be equipped with a kick stand to prevent
them from toppling over when parked.
N.
Electric scooter parking, generally.
(1)
Electric scooters are permitted to be secured at the bicycle racks
in the City for up to seven consecutive days without being utilized.
(2)
Electric scooters shall be parked in designated electric scooter
parking areas if they are available and advertised as such by either
signage, pavement markings, or racks.
(3)
Electric scooters may be attached or secured to the bicycle rack
with a U-lock, chain lock, or any type of lock made specifically for
bicycles. No person shall attach or secure an electric scooter to
any fixed object not suited for electric scooter parking. No person
shall leave an electric scooter lying on or standing upon the sidewalk
in such a manner as to hinder or impede pedestrians.
O.
Abandonment of electric scooters, generally.
(1)
An electric scooter may be deemed abandoned by the City if:
(a)
It has been parked for a period of seven or more consecutive
calendar days in the same location; or
(b)
It appears visually to be in a state of prolonged disuse such
that is has deflated tires, damaged or missing equipment making it
inoperable, accumulated leaves and debris associated with it; or
(c)
75% or more of the electric scooter is rusted; or
(d)
It is found in any other condition in which an electric scooter
would be deemed abandoned.
(2)
It shall be unlawful for any person to abandon any electric scooter
within the City.
(3)
In the event that an electric scooter is deemed to be abandoned by
the City's Transportation and Parking Department, the Department shall
have the authority to place an abandoned electric scooter notice,
in the form of an adhesive sticker, on the electric scooter itself
to notify the owner that said electric scooter is deemed to be abandoned
pursuant to this subsection and that it will be removed and disposed
of if not removed.
(4)
The notice in the form of an adhesive sticker shall state the following:
(5)
Once an abandoned notice sticker has been placed on the electric
scooter, the owner of the electric scooter shall have 14 calendar
days as set forth on the notice sticker to remove the electric scooter
from the location. If it is not removed within the fourteen-calendar-day
notice period as provided on the sticker, it may thereafter be removed
from its location by any means necessary and disposed of by the City
in accordance with the law.
P.
Shared electric scooter rental restriction. The shared electric scooter
user shall be the same person who made the rental reservation. No
person shall rent a shared electric scooter for another user.
Q.
Electric scooter charging. No electric scooter battery shall be recharged
in the public right-of-way without prior written authorization from
the City.
R.
Electric scooter disposal. All electric scooters shall be disposed
of in a manner in accordance with state and federal regulations as
they relate to hazardous materials disposal.
S.
All operators of electric scooters shall certify once (at the time of sign-up for an electric scooter program), prior to riding, that they have read the state law (N.J.S.A. 39:1-1 et seq.) and the herein ordinance (Hoboken City Code Article XXXVII) governing electric scooter use.
[Added 6-19-2019 by Ord.
No. B-152]
T.
Scooters shall not be operated within public parks, and riders must
dismount from the scooter and walk it if necessary to traverse the
park to reach their desired destination.
[Added 6-19-2019 by Ord.
No. B-152; amended 9-18-2019 by Ord. No. B-192]
[Amended 6-19-2019 by Ord. No. B-152]
A.
Except as detailed in Subsection B below, in the event that any individual violates the terms of this article, he/she shall be subject to a fine in the Municipal Court of the City of Hoboken in an amount of $100.
B.
If the offense is for riding on a sidewalk in violation of § 190-69J; failing to obey traffic control devices in violation of § 190-69A(1); riding in any direction other than the direction permitted for vehicular traffic in violation of § 190-69A(3); or carrying more persons at one time than the number for which the vehicle is equipped in violation of § 190-69D, the penalty for the first offense shall be $20; the penalty for the second offense shall be $100; the penalty for the third offense shall be $500; and upon the fourth offense, the individual shall be suspended for a period of one year from any City-sponsored rideshare program.
