[HISTORY: Adopted by the Mayor and Council of the Borough of Roselle as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-17-1975 by Ord. No. 1366]
Editor's Note: This ordinance supersedes former Ch. 43, Bicycles, adopted 7-29-1960 by Ord. No. 1037.
As used in this article, the following terms shall have the meanings indicated:
- Includes vehicles with two or more wheels, any two of which are 18 inches or more in diameter, one in front of the other or others, connected by a frame having a seat for the driver, steered by a handlebar and driven by pedals or a helper motor, characterized in that the maximum piston displacement is less than 50 cubic centimeters, rated no more than 1.5 brake horsepower and capable of a maximum speed of no more than 25 miles per hour. This definition does not apply to toy bicycles or velocipedes.
No person residing in the Borough of Roselle shall operate a bicycle upon any public street or other public place within the borough unless such bicycle has been registered with the Police Department, as evidenced by a registration license plate, which plate shall be attached to such bicycles deemed to be in safe mechanical condition.
Every person required under the terms of this section to obtain a registration license plate shall, within 90 days after the effective date of this article, apply for and procure the same from the Roselle Police Department. Said license plate shall be fastened to the frame of the bicycle in a place to be determined by the Chief of Police. Every person shall, within 30 days after acquiring a bicycle, obtain a registration license plate.
The Roselle Police Department shall issue, upon written application, metallic bicycle licenses which shall be nonexpiring and remain with the owner permanently. A one-time fee of $1 will be charged at issuance with a fee of $0.50 to transfer to a newly acquired bicycle. The said license plate shall be replaced when lost, stolen or mutilated at the original registration fee of $1.
The metallic license plate shall be provided, together with a registration and transfer card. Such plates and cards shall bear numbers stamped thereon in numerical order. Such licenses shall be suitable for attachment to bicycles, and the corresponding transfer and registration card shall be issued to the licensee. A record of the licenses, to whom issued and the number thereon shall be kept by the Roselle Police Department. Every licensee under this section who sells, transfers ownership or otherwise disposes of a bicycle shall notify the Roselle Police Department of said sale or transfer within 72 hours. It is also required that said licensee furnish to the Roselle Police Department the name and address of the new owner, if said new owner is a resident of the Borough of Roselle.
It shall be unlawful for any person willfully or maliciously to remove, destroy, mutilate or alter the serial number of any bicycle frame licensed pursuant to this article. It shall be unlawful for any person to remove, destroy, mutilate or alter any license plate or registration. Nothing in this section shall prohibit the stamping of numbers on the frames of bicycles on which no serial number can be found, or on which said number is illegible or insufficient for identification purposes. The substitution of licenses not in conformity with this article is prohibited.
Every person operating a bicycle shall at all times operate said bicycle with due regard for the safety of other persons and vehicles lawfully upon the streets, highways and public places, as well as for his or her own safety, and shall at all times and under all conditions yield the right-of-way to pedestrians.
No operator of a bicycle shall leave a bicycle lying or standing upon the sidewalk in such a manner as to hinder or impede pedestrians. For New Jersey state law regulating bicycle equipment and traffic see N.J.R.S. 39:3-69 and 29:4-10 et seq.
In the event that a bicycle is being used or operated without the registration tag, or is in such condition as to be unfit for operation, or there is a failure to comply with the requirements of this article, the police may impound the bicycle until such time as the owner or registrant has procured the necessary registration tag, or has rendered the bicycle safe for use, or has fully complied with all requirements of this article.
Whenever any bicycle shall be impounded for violation of the provisions of this article, it shall be surrendered at the expiration of the impounded period to the owner or, in the case of a juvenile, to the parent or guardian of said juvenile, upon payment of a charge for storage, at the discretion of the Chief of Police. If a charge is made, it shall not exceed $2 for the first impoundment or $5 for the second impoundment. In the case of seizure of a bicycle because it has been found in possession of a person, firm, partnership or corporation not the legal owner thereof, and is not reclaimed by the legal owner thereof, it shall be sold at public auction after the expiration of 30 days from the date of seizure. Notice containing a description of the bicycle shall be published in a newspaper circulating in the Borough of Roselle at least one week prior to the date of sale. The proceeds of the sale shall be remitted to the treasurer of the registration fund.
The intent of this article is not the prosecution of children, but education and training of children for their own and the community welfare. Failure to comply with or the violation of any provisions of this article or with the safety regulations promulgated by the Chief of Police may also subject the operator to the authority having jurisdiction over juvenile offenders.
Any person over the age of 18 years who violates any provision of this article shall, upon conviction thereof, be punished by a fine not exceeding 15 days, or both.
[Adopted 2-21-2001 by Ord. No. 2117]
As used in this article, the following terms shall have the meanings indicated:
- MOTORIZED SCOOTER
- A scooter that is propelled by a small motor located on the vehicle.
- A vehicle that typically has two wheels with a low footboard between them, is steered by a handle bar and is propelled by pushing one foot against the ground while resting the other on the footboard.
No person shall operate or ride on a scooter or motorized scooter unless that person is wearing a properly fitted and fastened helmet which meets the standards of the American National institute (ANSI 290.4, bicycle helmet standard) of the Snell Memorial Foundations' 1990 Standard for Protective Headgear for Use in Bicycling.
This requirement shall apply at all times while a scooter or motorized scooter is operated on any property open to the public or used by the public for pedestrian and/or vehicular purposes.
Nothing contained herein shall be construed to permit the operation of motorized scooters on public roadways or municipal property.
In the event that a scooter or motorized scooter is used in violation of this article and after a warning has been issued to the owner, if he is an adult, or the parent or guardian of the operator, if he is a juvenile, the police may impound the scooter or motorized scooter until the owner displays compliance with the helmet requirement of this article.
A person who violates any requirement of this article for the first offense shall be issued a warning by the enforcing official. After being warned, upon a subsequent offense, he shall be fined $25 for the first offense and not less than $50 nor more than $100 for each subsequent offense and shall be subject to the impoundment provisions of the preceding section.
The parent or legal guardian of a minor child who violates any requirement of this article, after having been issued a warning upon a first offense, shall be fined $25 for the first offense and not less than $50 nor more than $100 for each subsequent offense.