Borough of Fair Lawn, NJ Motorized Scooters

A device that is powered by a motor having a maximum piston displacement of less than 50 cc, or an electric drive motor with a power output not exceeding 1,000 wafts, is capable of a maximum speed of no more than 25 miles per hour on a flat surface and is not required to be registered with the New Jersey Director of Motor Vehicles for use on the public highways of this state as a motorcycle or moped. It is any two- or three-wheeled device that has handlebars, is designed to be stood or sat upon by the operator and is powered by the aforesaid type of motors which is capable of propelling the device with or without human propulsion. Motorized scooter shall not be construed to include a motorized wheelchair.

MOTOR VEHICLES AND TRAFFIC REGULATIONS LAWS

Those laws codified in New Jersey Statutes Annotated as Title 39:4-1 et seq.

§ 147-2 Registration.

No person residing within the Borough shall use a motorized scooter within the Borough limits without first having registered it with the Fair Lawn Police Department and having affixed thereto a registration decal or identification number as provided herein.

Procedure for registration. The Borough Manager shall provide the Police Department with an application form, a registration card and either decals, a registration plate or other method of embossing on the motorized scooter an identification number. An owner or operator of a motorized scooter shall register same within 10 days of acquiring ownership or possession of the motorized scooter. No license fee shall be required for registration. The registration decal, plate, or embossment shall be affixed to the frame of the motorized scooter in a conspicuous position. Registration decals, plates or embossment shall be permanent and need not be replaced except when worn out or defaced so as to be illegible.

§ 147-3 Issuance of registration.

The Police Department shall, upon application being made therefor, issue a registration decal, plate or embossment for each motorized scooter for which such application is made.

§ 147-4 Impounding motorized scooter; reclaiming motorized scooter.

A motorized scooter being used without a registration decal, plate or embossment, or that is in violation of this chapter, may be impounded by the Police Department until such time as the owner or operator provides proof that the scooter is registered.

§ 147-5 Registration not transferable.

No registration decal, plate or embossment shall be transferable.

§ 147-6 New registration required only upon transfer of ownership of motorized scooter.

Once the registration as set forth herein has been issued, a new registration need not be applied for except upon the transfer of ownership of the motorized scooter.

§ 147-7 Equipment/use.

Every motorized scooter operated upon any highway during darkness shall be equipped with all equipment required of a motorcycle or moped.

§ 147-8 Operation and noise prohibitions.

An operator of a motorized scooter upon a public way is subject to all of the following provisions of the motor vehicles and traffic regulations laws applicable to owners, operators and motor vehicles.

No person shall cause, suffer, allow or permit the ownership or operation of any motorized scooter which emits a sound level in excess of the noise limitations as set forth in Chapter 150 of the Fair Lawn Code. For the purpose of this section, the noise limitation and permissible sound levels as set forth in Tables I, II and Ill of Chapter 150 shall be applicable to motorized scooters.

§ 147-9 Violations and penalties.

Any person, owner or operator who violates any section of this chapter shall be subject to the following penalties:

(1)

Failure to register or affix decal, plate or embossment: $10 for each violation.

(2)

For a violation of § 147-8 herein, a fine of up to $10 for each violation and/or a seizure and impoundment of the motorized scooter and its retention by the Police Department as follows:

(a)

For the first offense: one week.

(b)

For the second offense: two weeks.

(c)

For the third offense: three weeks.

(d)

For the fourth offense: four weeks.

(e)

For the fifth and subsequent offenses: six months.

The police shall notify the Manager who shall cause the Department of Public Works to remove the scooters by truck or other vehicle and store them for the requisite period at the DPW complex where they may be claimed by the owner or written designee, during regular business hours, after the payment of any fine associated therewith and the reasonable costs of storage.

A penalty for violation of the aforesaid sections of Title 39 shall be the penalties of this chapter and not the penalties as set forth in Title 39 unless those penalties statutorily preempt the penalties in this chapter.