[HISTORY: Adopted by the City Council of the City of Pleasantville
as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Parks and playgrounds — See Ch.
187.
Vehicles and traffic — See Ch.
278.
[Adopted 6-7-1982 by Ord.
No. 11-1982 as Ch. 71 of the 1982 Code]
Unless otherwise expressly provided, or unless there is something in
the subject or context repugnant to such construction, or unless inconsistent
with the manifest intent of Council, the following words and phrases shall
have the following meanings respectively ascribed to them in this section:
BICYCLE
Includes a vehicle with two tandem wheels, neither of which are less
than 20 inches in diameter, with solid or pneumatic tires, having a steering
bar or wheel, a saddle seat, and propelled by human power.
LICENSEE
Any person who procures from the City Clerk a license sticker for
a bicycle, together with a receipt.
[Amended 8-16-1982 by Ord.
No. 20-1982]
LICENSE STICKER
A registration sticker issued by the City Clerk bearing the license
number.
[Amended 8-16-1982 by Ord.
No. 20-1982]
OPERATE
The use, putting into action or causing to function of a bicycle
by a person mounted thereon.
RENTAL AGENCY
Any person engaged in the business of offering for rental and renting
bicycles for hire by the public.
It shall be unlawful for any person to operate a bicycle upon any street,
sidewalk or other public place in the city without having first registered
such bicycle and secured a license therefor.
[Amended 8-16-1982 by Ord.
No. 20-1982]
A. Registration and license for a bicycle shall be made
by the owner by applying at the Pleasantville Police Department.
B. Such registration shall be signed by the owner, and,
if the owner is a person under 18 years of age, the signature shall be witnessed
by a parent of the owner or, if no parent is living, then by the legal guardian
of the owner. The application shall state the full name and address of the
owner of the bicycle, the name of the manufacturer, the serial number of the
frame thereof, the approximate date when the owner obtained title thereto
and, if not new, when it was obtained and the name and address of the person
from whom it was obtained.
C. Such registration shall be presented to the Chief of
Police. The bicycle to be registered and licensed shall be brought to the
police station at the time of presenting the application for the purpose of
examination.
D. The Chief of Police or some person authorized by him
shall examine the bicycle, and, if he finds the mechanical condition thereof
such that it can be safely operated and that it is equipped with the lights
and attachments as herein provided, he shall issue a registration sticker.
This applicant shall thereupon pay a registration fee of $2.
E. The Police Department, upon receiving such license fee,
shall issue to the owner of the bicycle a registration sticker, together with
a receipt. Said receipt will give a description of the bicycle to be registered,
together with the owner's name and address. Said registration sticker shall
contain the words "City of Pleasantville" and the number of the license. The
registration sticker shall be attached to the bicycle on the front thereof
immediately below the steering bar or wheel.
F. After the issuance of the registration sticker, the Police
Department will so note in the registration book the date of issuance and
corresponding number of the sticker. The original receipt shall be kept on
file in the office of the Police Department, and the duplicate sticker thereof
shall be delivered to the City Clerk's office and shall be kept on file in
said office.
[Amended 8-16-1982 by Ord.
No. 20-1982]
The license so issued shall be effective indefinitely, unless revoked.
[Amended 8-16-1982 by Ord.
No. 20-1982]
When any bicycle which has been registered and licensed as herein provided
is sold or is otherwise disposed of or destroyed, the licensee shall immediately
surrender to the Chief of Police the receipt and registration sticker issued
therefor, with the name and address of the new owner, if any, written on the
back of the receipt; and the Chief of Police shall immediately make proper
endorsements thereof on his records and deliver the information to the City
Clerk, who shall immediately make proper endorsements on his record.
[Amended 8-16-1982 by Ord.
No. 20-1982]
The licensee shall report immediately to the Chief of Police the loss
or destruction of the license sticker of the licensee and the circumstances
surrounding the loss or destruction thereof. With the approval of the Chief
of Police, the City Clerk shall issue a duplicate license sticker upon payment
of a fee of $2.
When more than two persons in a group are operating bicycles on a roadway,
they shall ride single file.
No person operating a bicycle shall cling or attach himself or the bicycle
to any other moving vehicle.
No person operating a bicycle shall carry another person on the handlebars
of said bicycle.
The operator of a bicycle emerging from an alley, driveway, garage or
private sidewalk shall stop the bicycle immediately prior to driving onto
or across a public sidewalk or onto or across a public sidewalk line projected
across an alley and shall exercise extreme care in making such movements.
No person shall operate a bicycle while under the influence of liquor
or drugs or while physically or mentally unfit to safely operate the same.
Every bicycle 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. In addition
to the red lamp, a red reflector may be mounted on the rear, of a type approved
by the Division of Motor Vehicles, which shall be visible from all distances
from 50 feet to 300 feet to the rear when directly in front of lawful upper
beams of head lamps on a motor vehicle.
No person shall operate a bicycle which is not in such mechanical condition
so that it can be safely operated.
Bicycles may be operated on sidewalks in public parks and in residence
districts, but in single file only. Under all circumstances, the rider shall
yield the right-of-way to pedestrians using the sidewalk, and due and proper
care shall at all times be exercised by the rider for the pedestrians. When
approaching a pedestrian on the sidewalk, the speed of a bicycle shall be
reduced to a speed which is no greater than necessary to continue the operation
of the bicycle without the rider dismounting and shall not be increased until
the pedestrian has been passed. No bicycle shall be operated upon any sidewalk
in the business portion of the city.
Bicycles, when parked in the business district, shall be parked in zones
or places designated and marked for the purpose. It shall be unlawful to park
any bicycle along buildings in such a manner as to interfere with pedestrians
or along roadways where they may interfere with traffic or with persons getting
into or out of motor vehicles. No person other than the owner or operator
shall move, or in any manner interfere with, any bicycle properly parked,
nor shall any person interfere or in any manner hinder any person from properly
parking a bicycle, except that members of the Police Department and Fire Department
may move or, in proper cases, prevent the parking of the bicycle, when, in
the judgment of the policeman or fireman, his action is necessary in order
to properly safeguard persons or property.
All bicycles when operated on roadways shall be kept to the right and
shall be operated as near as practicable to the right-hand edge of the roadway.
No bicycle shall be operated at any time faster than is reasonable or
proper, and every bicycle shall be operated with reasonable regard to the
safety of the rider and of other persons and property.
Every person operating a bicycle shall strictly observe all traffic
signs and signals and all other traffic rules and regulations applicable thereto
and shall obey the orders and directions of every officer of the city authorized
to direct or regulate traffic.
Every person riding a bicycle upon a roadway shall be granted all the
rights and shall be subject to all of the duties applicable to the driver
of a vehicle by N.J.S.A. 39:4-1 et seq., and all supplements thereto, except
as to those provisions thereof which by their nature can have no application.
A person propelling or riding on a bicycle shall not ride other than
upon or astride a permanent and regular seat attached thereto, nor shall he
ride with his feet removed from the pedals or with both hands removed from
the handlebars, nor shall he practice any trick or fancy riding in a street.
No bicycle shall be used to carry more persons at one time than the number
for which it is designed and equipped.
The operator of a bicycle on a roadway, when making a right turn, shall
follow the right-hand edge of the roadway, and the operator of a bicycle on
a roadway, when making a left turn, shall approach the point of turning in
the traffic lane nearest the center of the roadway. No operator of a bicycle
shall start, slow down, stop or attempt to turn without first indicating such
movement as provided by law.
Any person riding a bicycle shall yield the right-of-way in the following
circumstances:
A. When a pedestrian is crossing or about to cross a roadway.
B. When a pedestrian is in a crosswalk or in an intersection
when the signal light changes.
C. When a vehicle is stopped to yield right-of-way to a
pedestrian.
D. When a blind person, using a cane or guide dog, is crossing
any highway or intersection.
E. When traffic is so close as to be a hazard.
No rider of a bicycle shall ride through any safety zone unless directed
by traffic signals, a police officer or an official posted sign.
It shall be unlawful for any person riding or operating a bicycle to
race any other bicycle, person or vehicle along any highway or roadway or
to try to set a speed record along any highway, roadway or street.
No person shall ride a bicycle which is so loaded as to obstruct the
view of the rider.
Any person riding a bicycle shall stop before crossing a crosswalk,
sidewalk or intersection or when emerging from an alley, garage or driveway.
No person riding or operating any bicycle shall block any road or intersection
so as to interfere with other vehicles or with pedestrians.
No person shall ride on any part of a bicycle not intended for passengers
or operator.
No person shall operate any bicycle so loaded as to spill such load.
It shall be unlawful for the operator of any bicycle to cross the center
line of any roadway on the left in order to pass any other vehicle unless
the way ahead is clear and no traffic is approaching. It shall be unlawful
for any such operator to cross the center line on a hill or curve if such
operator cannot see ahead for at least 500 feet or to pass in a no-passing
zone.
The operator of a bicycle being overtaken and passed by another vehicle
shall give way on hearing the signal of the overtaking vehicle.
If a roadway is divided into marked lanes, the operator of a bicycle
shall:
A. Ride in the right lane unless overtaking another vehicle
or when about to make a left turn.
B. Ride within a single lane and change only when safe to
do so.
C. If there are three lanes, the middle lane should be used
only for passing or overtaking another vehicle or for making a left turn.
The operator of a bicycle shall remain at a safe distance behind any
other vehicle and shall not follow too closely.
When an ambulance, fire engine or other emergency vehicle gives warning
of its approach, the operator of a bicycle shall pull to the right and stop
until such emergency vehicle has passed.
It shall be unlawful for the operator of a bicycle to follow any fire
apparatus closer than 100 feet or to park closer than 200 feet to any such
apparatus.
No operator of a bicycle shall back or turn on any street if this action
interferes with other traffic.
No operator of a bicycle shall cross any railroad track unless he can
do so safely and shall stop within 50 feet, but no less than 15 feet, from
the nearest rail of the track when:
A. Any mechanical signaling device gives warning of an approaching
train.
B. A crossing gate is lowered or a flagman gives or continues
to give signal of approaching train.
C. A train is approaching from 1,500 feet, more or less,
to the crossing and is giving an audible signal of its approach.
D. Whenever the operator can see any train approaching such
crossing.
A. On any undivided highway or street, the operator of a
bicycle approaching a school bus which has stopped to pick up or discharge
passengers shall stop at least 10 feet from such school bus and shall not
start up again until the passenger has entered the school bus or reached the
side of the highway or street.
B. On any divided highway, the operator of a bicycle approaching
a school bus on the opposite side of a divided highway, which bus has stopped
to pick up or discharge passengers, shall reduce speed to 10 miles per hour
until the bus and any passengers have passed.
It shall be unlawful for the operator of a bicycle to park his bicycle
in any of the following places:
C. Between a safety zone and the adjacent curb or within
at least 20 feet of a point on the curb immediately opposite the end of a
safety zone.
D. In front of a public or private driveway.
E. Within 25 feet of the nearest crosswalk or side line
of a street or intersecting highway, except at alleys.
G. In any place where no-parking signs are posted and established
pursuant to only promulgated regulations of the State Highway Commissioner.
H. Within 50 feet of a stop sign.
I. Within 10 feet of a fire hydrant.
J. Within 50 feet of the nearest rail of a railroad crossing.
K. Within 20 feet of the driveway entrance to any fire station
or on the opposite side of the street within 75 feet of such entrance.
L. Alongside or opposite any street excavation or obstruction,
when stopping, standing or parking would obstruct traffic.
M. On the roadway side of any vehicle stopped or parked
at the edge or curb of any street.
N. Upon any bridge or other elevated structure upon a highway
or within a highway tunnel or underpass or on the immediate approach thereto,
except where space for such parking is provided for and so posted.
It shall be unlawful for any person, firm or corporation to rent, or offer to rent, any bicycle without first complying with the provisions of §§
95-2 through
95-6 of this chapter relating to the registration and licensing of bicycles.
Bicycles offered for rent by a rental agency shall be equipped with
the lights and other equipment required by this chapter and shall be kept
in good and safe working condition. Rental agencies shall comply with all
the provisions of this chapter and shall be responsible for the condition
of the bicycles they rent.
The Chief of Police shall make periodic inspections of the rental agencies
to ensure compliance with the provisions of this chapter.
Any person, firm or corporation engaged in the business of selling,
buying or trading new or used bicycles within the city is hereby required
to make a written report to the Chief of Police at the end of each month,
or more often if requested by him. Such report shall contain the following
information:
A. The name and address of each person to whom a bicycle
was sold, purchased or traded during the period covered by the report.
B. A description of the bicycle involved in each such transaction,
including the name of the manufacturer, the serial number of the frame and
the license number of the bicycle, if the bicycle has been registered and
a license issued therefor to the owner by the city.
C. Such additional information as the Chief of Police may
require.
Any member of the Police Department is authorized to inspect any bicycle
at any reasonable time for the purpose of making a checkup of the license
plate and license number, serial number and for the purpose of determining
the mechanical condition of the bicycle.
[Amended 8-16-1982 by Ord.
No. 20-1982]
It shall be unlawful for any person, willfully or maliciously, to remove,
destroy, mutilate or alter any license sticker or registration card during
the time in which the license sticker or registration is in force. The Chief
of Police is hereby authorized to stamp numbers on the frame of a bicycle,
in a legible manner, for identification purposes, upon which bicycle no serial
number can be found or upon which the serial number is illegible or insufficient
for identification purposes.
It shall be unlawful for any person to use or operate any bicycle within
the city without the consent of the owner.
It shall be unlawful for any person residing in the city or any dealer
in bicycles operating in the city to purchase, receive in trade or otherwise
acquire any bicycle from which the serial number on the frame has been removed,
destroyed, mutilated or altered without first reporting the same to the Chief
of Police.
The Chief of Police shall enforce the provisions of this chapter. The
Chief of Police may revoke or suspend, for a period of 30 days, any bicycle
license for any violation of any provision of this chapter or any applicable
provision of the statutes relating to traffic; and, in addition, the Chief
of Police may impound the bicycle of any such violator for a period not exceeding
30 days.
[Amended 2-17-1999 by Ord.
No. 6-1999; 4-17-2000 by Ord.
No. 7-2000]
Any person violating any of the provisions of this chapter shall, upon
conviction in the Municipal Court of the City of Pleasantville, be punished
for each offense by a fine of not less than $100 nor more than $1,000, imprisonment
for a term not exceeding 90 days and/or a period of community service not
exceeding 90 days. Any person pleading guilty may pay a fine of $50 to the
Municipal Court of the City of Pleasantville.
[Adopted 10-16-2000 by Ord.
No. 30-2000]
As used in this article, the following terms shall have the meanings
indicated:
BICYCLE
Any two-or-more-wheeled vehicle having a tandem or triangular arrangement
of the wheels and having cranks, levers or pedals for its propulsion by the
feet.
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.
MOTORIZED VEHICLE
Car, van, SUV, truck, motorcycle, moped, motorized bicycle and anything
powered by an internal combustion engine or other motorized power source,
but excluding motorized wheelchairs.
OTHER MANUALLY POWERED DEVICES
Skateboards, roller blades, roller skates, scooter, go-cart or other
device powered by pedals or other system requiring the user to exert force
in order to be propelled, but excluding devices used for the assistance of
the physically handicapped.
A. The City Administrator shall cause to be placed appropriate
signs or other markings indicating the bike path designated below:
Beginning at the intersection of Chestnut Street and the abandoned railroad
right-of-way acquired by the city from J.P. Rail and extending along the abandoned
railroad right-of-way south to the border of Northfield.
|
B. An engineer drawing and general geographic map is kept
on file in the City Clerk's office.
A. While roadways are provided for the safety and convenience
of vehicles, sidewalks are provided for the safety and convenience of pedestrians
and bike paths are provided for the safety and convenience of bicycles and
other manually powered devices, it is recognized that in many such instances
such facilities may be shared.
B. On shared facilities, the following regulations shall
apply:
(1) When using bike paths, pedestrians shall walk as far
to the right as practicable; shall walk no more than two abreast; and shall
exercise due care. Anyone using a bicycle or other manually powered device
shall give audible signal before passing a pedestrian on a bike path or route.
(2) When using sidewalks, bicyclists and anyone using other
manually powered devices shall not exceed seven miles per hour, shall yield
the right-of-way to pedestrians and shall pass only on the left and only after
giving audible warning to pedestrians.
A. Where signs are erected giving notice thereof, no person
shall ride a bicycle or other manually powered device upon a sidewalk. Signs
prohibiting such activity shall be installed at locations as directed by the
appropriate city official.
B. Unless otherwise posted pursuant to Subsection
A, a person may ride a bicycle, or other manually powered device, upon any public sidewalk. This section does not permit any type of motorized vehicle to be ridden on the sidewalk where otherwise unlawful. When doing so, such person shall be subject to the following additional provisions: Such person shall yield the right-of-way to all pedestrians and exempt vehicles.
C. Penalty. Violation of any provision of this section by
any person shall be a civil traffic offense punishable by a fine of not less
than $25 nor more than $100 for each offense.
A. No person shall drive a motorized vehicle upon or across
a bike path and sidewalk or lane except at public street intersections or
to enter a driveway.
B. No person shall drive upon or across a bike path or bike
lane as permitted by this section except after giving the right-of-way to
all bicycles within the lane.
C. This section shall not apply to police and emergency
vehicles and vehicles necessary to the maintenance and repair of the bike
path and its appurtenances.
A. This section shall only apply to users of the bike path
and sidewalks as defined in this article. Bicyclists and users of other manually
powered devices utilizing streets and other public roadways are subject to
the rules and regulations promulgated by the State of New Jersey and generally
found in N.J.S.A. 39:4-10 et seq.
B. Helmets are required for riders 14 years of age and younger
pursuant to N.J.S.A. 39:4-10.1.
C. No person operating a bicycle shall allow anyone four
years old or younger, and weighing 40 pounds or less, to ride as a passenger
on the bicycle, other than in a seat which shall adequately retain the passenger
in place and protect the passenger from the bicycle's moving parts; or else
astride a regular seat of a tandem bicycle.
D. No person operating a bicycle or other manually powered device shall allow anyone to ride as a passenger unless the passenger is wearing a helmet as defined in Subsection
A above or else is in an enclosed trailer or other device which meets or exceeds current nationally recognized standards of design and manufacture for the protection of the passenger's head from impact in an accident without the need for a helmet.
A. This section shall only apply to users of the bike path
and sidewalks as defined in this article. Bicyclists and users of other manually
powered devices utilizing streets and other public roadways are subject to
the rules and regulations promulgated by the State of New Jersey and generally
found in N.J.S.A. 39:4-10 et seq.
B. Every bicycle 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.
C. No bicycle or other manually powered device shall be
used to carry more persons at one time than the number for which it is designed.
D. No person riding upon any bicycle or other manually powered
device shall attach the same or himself/herself to any vehicle, and no operator
of any vehicle shall knowingly allow any person riding upon any bicycle to
attach the same or himself/herself to the vehicle.
E. Every bicycle or other manually powered device 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 bicycle or other manually
powered device 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.
G. Every person riding or operating a bicycle or other manually
powered device shall be required immediately, before crossing a street or
public roadway, where any bike path or sidewalk intersects, 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. On any bike path or sidewalk, bicyclists shall not ride
any more than two abreast.
I. No person shall ride a bicycle upon a sidewalk in the
Central Business District between the hours of 9:00 a.m. and 7:00 p.m.
J. Parking.
(1) All bicycles, when parked on sidewalks, shall be parked
only in such a manner as not to obstruct pedestrian traffic or access to adjacent
buildings.
(2) No bicycle shall be parked in any street. No bicycle
shall be parked in such a manner as to obstruct the pedestrian walkway or
in a manner that interferes with the entrance and/or exit of a business.
K. Speed. No person shall operate a bicycle at speeds faster
than are reasonable or proper, which in no case shall be in excess of legal
speed limits, unless participating in an officially sponsored or sanctioned
rally or road race.
L. Reckless or careless riding. No person shall ride a bicycle
in a reckless or careless manner which endangers or is likely to endanger
the safety or welfare of other persons or property.
M. Exemption. This section shall not apply to bicycles operated
by police officers on duty and using a bicycle as part of their official police
work.
A. Adult operators. Any person 16 years of age or older found in violation of any provision of this article, where no penalty is specified, shall be subject to a fine in the amount prescribed in Subsection
C after issuance of a summons for said violation.
B. Operators under the age 16.
(1) Any person under the age of 16, found in violation of
any provision of this article, is subject to the following penalties:
(a) 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.
(b) Second offense: impoundment of bicycle by the Police
Department until such time as the person brings their 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.
(c) Third and subsequent offenses: impoundment of bicycle
by Police Department until pick-up by parent or legal guardian and payment
by parent or legal guardian of scheduled fine.
(2) For purposes of this section, the number of offenses
can be the repeated violation of one specific provision or any combination
of provisions.
C. An adult offender, 18 years or above, issued a summons in accordance with 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.
D. Violation Bureau schedule of fines:
|
Violation
|
Fine
|
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Operating without proper lights after dark
|
$35
|
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Failure to obey traffic sign or signal
|
$25
|
|
Exceeding legal speed limits
|
$25
|
|
Improper parking
|
$10
|
|
Riding against the flow of traffic
|
$35
|
|
Failure to ride in designated area where prescribed
|
$50
|
|
Operating with inoperative braking devices
|
$50
|
|
Hitching on to moving vehicles
|
$100
|
|
Reckless or careless riding
|
$50
|
|
Unauthorized driving of vehicle on bike path
|
$100
|
|
Creating obstruction or hazardous condition upon bike path
|
$45
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E. The Chief of Police is hereby authorized and empowered
to administer the provisions of this article.
The parent of a child and the guardian of a ward shall not authorize
or knowingly permit the child or ward to violate any provision of this article.