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:
BICYCLE
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.
BIKE LANE
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.
BIKE PATH
A separate pathway for the exclusive use of bicycles and
pedestrians separated from motor vehicle traffic except at bike crossings.
BIKE ROUTE
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.
CITY
The City of Somers Point.
COMMERCIAL ESTABLISHMENT
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.
HELMET
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.
IN-LINE SKATES
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.
MINOR
Includes any person under the age of 18 years of age.
PARENT or GUARDIAN
Includes any adult person having care or custody of a minor,
whether by reason of blood relationship, the order of any court or
otherwise.
PERSON
An individual, association of individuals, group, or corporation.
POCKET BIKE
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.
POCKET MOTORCYCLE
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.
PUBLIC PLACE
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.
ROLLER SKATES
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.
SCOOTER
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.
SKATEBOARD
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.
SKATEBOARD RAMP(S)
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.
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.
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.
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)
A period of community service, with the meaning and limits of and as referred to in 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;
(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.