The purpose and intent of this chapter is to
establish regulations and guidelines for the operation and use of
roller blades, inline skates, skates, skateboards, low-speed electric
bicycles, or other similar devices within the Borough of Eatontown
in order to ensure the welfare of all persons using said devices,
motorists and pedestrians.
As used in this chapter, the following terms
shall have the meaning indicated:
LOW-SPEED ELECTRIC BICYCLE
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. See N.J.S.A. 39:1-1.
SKATEBOARD
A platform or other board which is mounted on wheels or a
board with roller-skate wheels or other similar wheels affixed to
the underside, having no mechanism or other device with which to steer
or control the direction or movement thereof while being used or operated
or ridden.
The following rules and regulations shall apply
to all roller blades, inline skates, skateboards, low-speed electric
bicycles, or other similar devices operated and used by any person
within the boundaries of the Borough of Eatontown.
A. No person shall operate or use roller blades, inline
skates, skates, skateboards, low-speed electric bicycles, or other
similar devices in a reckless or careless manner that endangers or
is likely to endanger the safety or welfare of other persons or property.
B. No person shall operate or use roller blades, inline
skates, skates, skateboards, low-speed electric bicycles, or other
similar devices at a speed faster than is reasonable or proper, taking
into account the presence of traffic and/or pedestrians in the area.
C. Every person operating or using roller blades, inline
skates, skates, skateboards, low-speed electric bicycles, or other
similar devices shall obey all traffic signals, signs and devices
in the same manner and to the same extent as would be required if
said person was operating a motor vehicle.
D. No person operating or using roller blades, inline
skates, skates, skateboards, low-speed electric bicycles, or other
similar devices shall attach the same or himself to any vehicle upon
a roadway and no operator of any vehicle shall knowingly allow any
person operating or using roller blades, inline skates, skates, skateboards,
low-speed electric bicycles, or other similar devices to attach the
same or himself to the vehicle.
E. No person shall use, operate or ride roller blades,
inline skates, skates, skateboards, low-speed electric bicycles, or
other devices of similar nature in Wampum Memorial Park.
F. No person
shall ride or sit as a passenger on a low-speed electric bicycle unless
such person is wearing a properly fitted and fastened bicycle helmet
which meets the standards of the American National Standards Institute
(ANSI Z90.4 bicycle helmet standard) or the Snell Memorial Foundation's
1990 Standard for Protective Headgear for Use in Bicycling.
Any person violating the provisions of this
chapter shall be subject to the following penalties:
A. The first offense. Any adult shall be subject to a
fine not to exceed $250. Any minor who violates this chapter on a
first offense shall be reprimanded, in writing, by the Eatontown Police
Department addressed to the parents or guardians of said offender
stating the nature of the violation and a warning that a repetition
of the violation or any other violation must be prevented or the device
would be impounded for a period of time not less than seven days nor
more than 60 days, and during that period of time, the offender cannot
ride his or her device or anyone else's device on any public streets
or sidewalks.
B. The second offense. Upon a second or subsequent offense
the parent or guardian of a minor offender shall be subject to a fine
not to exceed $250 and/or the Police Department shall confiscate the
roller blades, inline skates, skates, skateboards, low-speed electric
bicycles, or other similar devices pending a hearing in which case
the offender's device may be impounded for a period of time not less
than seven days nor more than 60 days for a second offense or confiscated
and destroyed for a third or subsequent offense.
C. Parental guidance. If for some reason the law enforcement
officer cannot determine the name and address of the parent of any
minor who violates the provisions of this chapter, then the roller
blades, inline skates, skates, skateboards or other similar devices
utilized shall be automatically confiscated and the offender will
be summoned to appear at Municipal Hall with his or her parent or
guardian whereby a summons shall be issued for the appropriate offense.
If not a second or greater offense, the roller blades, inline skates,
skates, skateboards, low-speed electric bicycles, or other similar
devices shall be returned to the parent or guardian. Should the parent
or guardian not appear within 30 days of the confiscation of the roller
blades, inline skates, skates, skateboards, low-speed electric bicycles,
or other similar devices, then such devices shall be forfeited and
destroyed by the Borough of Eatontown.