[HISTORY: Adopted by the Board of Commissioners
of the Town of West New York 9-21-1977 by Ord. No. 1249. Amendments noted where
applicable.]
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Ord. No. 1249 Preamble
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WHEREAS, the number of vehicles accommodated by the public thoroughfares
of the Town of West New York has been constantly on the increase,
and
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WHEREAS, the heavy traffic on the public thoroughfares of the
Town of West New York results in a safety hazard to persons within
the town who utilize the public thoroughfares for the riding and operation
of mopeds, and
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WHEREAS, it is imperative that children who operate mopeds on
the public thoroughfares operate their mopeds in a safe and careful
manner;
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Now, therefore, be it ordained by the Board of Commissioners
of the Town of West New York, County of Hudson, State of New Jersey,
as follows:
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A.
GOVERNING BODY
MOPEDS
PERSON
TOWN
Definitions. The words hereinafter defined shall have
the meaning herein indicated for the purpose of this chapter, as follows:
The Mayor and the Board of Commissioners of the Town of West
New York.
Vehicles with two wheels, having a saddle-like seat for the
rider, steered by a handlebar and driven by a motor.
An individual, firm, partnership, corporation or association
of persons.
The Town of West New York, in the County of Hudson and State
of New Jersey.
B.
Word usage.
(1)
The words "and" and "or" may be used interchangeably,
and either of the two may be applicable, whichever is more conducive
towards the effectuating of this chapter.
(2)
Personal pronoun shall mean either singular or the
plural, whichever is applicable and conducive towards the effectuating
of this chapter.
(3)
The masculine, feminine or the neuter gender shall
be implied, whichever is appropriate and conducive for the effectuating
of this chapter.
[Amended 2-1-1978 by Ord. No. 1277]
No West New York resident shall ride or operate
a moped within the Town of West New York, County of Hudson and State
of New Jersey, without first obtaining a license therefor, to be issued
by the West New York Police Department, upon application of the owner
and payment of the prescribed fee. No resident shall ride or operate
a moped in said town, except in compliance with the provisions of
this chapter.
A.
Every person required, under the terms of this chapter,
to obtain a license and registration tag shall, on or before November
1, 1977, and annually thereafter, apply for and procure same from
the Police Department of the Town of West New York.
B.
Said registration tag shall be fastened to the frame
of the moped in a conspicuous place. Removal of said tag shall be
grounds for revocation of the license.
A license and registration tag shall only be
issued by the Police Department upon a satisfactory showing by the
applicant to the licensing authority that the moped is in a safe mechanical
condition. The applicant shall also demonstrate his or her qualifications
for operating a moped, his or her knowledge of the vehicular and traffic
laws of the State of New Jersey applicable to mopeds and such rules
and regulations as the Police Department may promulgate with the approval
of the Mayor and the Board of Commissioners concerning the operation,
equipment and maintenance of mopeds; provided, however, that said
rules and regulations do not conflict with any existing statutes of
the State of New Jersey.
The owner of any newly acquired moped shall
make application at police headquarters for a license and registration
tag for such moped within five days after acquisition. Upon compliance
by the applicant with the requirements set forth herein, the Police
Department shall issue to the applicant the license and registration
tag.
[Amended 2-1-1978 by Ord. No. 1277]
The following safety rules and regulations govern
the operation of mopeds within the Town of West New York and shall
apply to all persons operating mopeds within the Town of West New
York. Said regulations may be amended from time to time as the governing
body deems necessary.
A.
Every moped 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.
B.
No person shall operate a moped 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 moped shall not be
equipped with, nor shall any person use upon a moped, a siren or whistle.
C.
A person propelling or riding on a moped shall not
ride other than upon or astride a permanent and regular seat attached
thereto, nor shall be ride with both hands removed from the handlebars,
nor shall be practice any trick or fancy riding in a street. No moped
shall be used to carry more than one person.
D.
No person riding upon any moped shall attach the same
or himself to any vehicle upon a roadway, and no operator of any vehicle
shall knowingly allow any person riding upon any moped to attach the
same or himself to the vehicle.
E.
Every moped shall be equipped with a brake which will
enable the operator to make the braked wheels skid on dry, level,
clean pavement.
F.
Every person riding or operating a moped shall obey
all stop signs and traffic signals in the same manner and to the same
extent as would be required if said person were operating a motor
vehicle.
G.
Every person riding or operating a moped shall be
required immediately before entering a street or sidewalk from any
alley or driveway 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.
H.
Persons riding mopeds upon a roadway shall ride in
single file.
I.
Regulations applicable to mopeds shall apply whenever
a moped is operated upon any highway or upon any path set aside for
the exclusive use of mopeds subject to those exceptions stated herein.
J.
All operators of mopeds shall wear a standard motorcycle
helmet.
K.
No person shall be issued a license to operate a moped
unless he is at least 16 years of age.
License fees or other moneys collected or received
under the provisions of this chapter shall be forwarded to the Treasurer
of the Town of West New York within 30 days after collection or receipt.
Every licensee under this chapter who sells
or transfers ownership of a moped shall report said sale or transfer
within 72 hours to the Police Department by returning the license
and registration tag issued to such person and at the same time furnishing
the Police Department with the name and address of the person to whom
the moped was sold or transferred.
No person shall willfully or maliciously remove,
destroy, mutilate or alter the registration tag during the period
for which such tag is operative. The substitution of registration
tags not in conformity with this chapter is hereby prohibited.
Any person 18 years of age or older who violates
this chapter shall be subject to a fine of not more than $100 and/or
imprisonment for a period not exceeding 10 days. Any person under
18 years of age that violates any of the provisions of this chapter
relating to the vehicle traffic laws or the moped safe-riding rules
and regulations and the official police instructions for the safe
operation of a moped shall be, for the first offense, reprimanded
in writing by the West New York Police Department, addressed to the
parents or guardian of the offender, stating the nature of the violations
and a warning that a repetition of the violation or any other violation
must be prevented or the moped will be impounded for a period of time
of not less than seven days nor more than 30 days, and during that
period of time, the offender cannot ride his or her moped on the streets.
On the second offense, the offender will be summoned to appear at
police headquarters with his or her moped, accompanied by a parent
or guardian, and after a hearing on the violation, if in the discretion
of the Chief of Police it is decided to punish the offender for the
violation, the offender's moped and registration may be impounded
for a period of time not less than seven days nor more than 30 days
at the discretion of the Chief of Police, with the approval, if possible,
of the parent or guardian, but the decision of the Chief of Police
shall prevail and the moped shall be impounded.
