[Added 5-1-2023 by Ord. No. 2023-08]
As used in this article, the following terms shall have the
definitions indicated:
Includes any device having a wheel or wheels with solid or
pneumatic tires 12 inches or more in diameter, connected by a frame
and so constructed as to be propelled by human power. Bicycles equipped
with training wheels and tricycles when used by young children are
excluded from this definition.
A two- or three-wheeled vehicle with fully operable pedals
and an electric motor of less than 750 watts that meets the requirements
of one of the following classifications: "Class 1 low-speed electric
bicycle," which means a low-speed electric bicycle equipped with a
motor that provides assistance only when the rider is pedaling, and
that ceases to provide assistance when the bicycle reaches the speed
of 20 miles per hour; or "Class 2 low-speed electric bicycle," which
means a low-speed electric bicycle equipped with a motor that may
be used exclusively to propel the bicycle, and that is not capable
of providing assistance when the bicycle reaches the speed of 20 miles
per hour. Any electric bicycle or electric scooter with an electric
motor greater than 750 watts is not considered a low-speed electric
bicycle and shall be effectively prohibited from operation within
the Borough of Bay Head, unless such vehicle is specifically authorized
by the New Jersey Motor Vehicle Code, and is properly registered and
insured, and operated by a licensed operator.
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.
A device ridden while standing that consists of a narrow
footboard mounted between or atop two wheels tandem that has an upright
steering handle attached to the front wheel, and that is moved by
pushing with one foot.
A.
Duties of persons on bicycles, low-speed electric bicycles, scooters,
or low-speed scooters. Any person operating a bicycle, low-speed electric
bicycle, scooter, or a low-speed electric scooter shall obey the instructions
of official traffic control signals, signs, and other control devices
applicable to vehicles, unless otherwise directed by a police officer.
Pursuant to state law, minors under the age of 15 are not permitted
to operate a low-speed electric bicycle.
B.
Lights and reflectors. Every bicycle, low-speed electric bicycle,
or low-speed electric scooter shall have reflectors in the front and
back. Every low-speed electric bicycle or low-speed scooter shall,
when in use at nighttime, 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.
C.
Audible sound/signal. No person shall operate a low-speed electric
bicycle or low-speed electric scooter 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 such low-speed electric bicycles
and scooters shall not be equipped with, nor shall any person use
upon a low-speed bicycle or scooter, any siren or whistle.
D.
Helmet. Minors aged 15 and 16 are not permitted to operate a low-speed
electric bicycle or low-speed electric scooter unless they wear a
protective helmet. Minors aged 16 and under are also required to wear
a helmet while operating a bicycle or scooter.
E.
Riding on sidewalks and walking paths. No person shall ride or operate
a low-speed electric bicycle or a low-speed electric scooter upon
a sidewalk and/or walking path within the Borough of Bay Head.
F.
Reckless or careless riding. No person shall ride a bicycle, low-speed
electric bicycle, scooter, or a low-speed electric scooter in a reckless
or careless manner which endangers or is likely to endanger the safety
or welfare of other persons or property.
G.
Enforcement of Regulations Governing the operation of Bicycles, Electric
Bicycles, and Scooters. The Bay Head Police Department is hereby authorized
to promulgate, with the approval of the Borough of Bay Head Council,
such further rules and regulations concerning the operation and safety
of bicycles, low-speed electric bicycles, and low-speed electric scooters
as deemed necessary from time to time.
H.
Penalties for violations. Each person violating any provisions of
this section shall, upon first conviction, be liable to a penalty
of $50, and upon a second conviction shall be liable to a penalty
of $100. No court appearance shall be required for a first or second
alleged offense, but will be required for a third or subsequent alleged
offense.
