[HISTORY: Adopted by the Mayor and Council of the Borough of Maywood 11-21-1972.[1] Amendments noted where applicable.]
For the purposes of this chapter, the following terms shall have the
meanings indicated:
Includes any device upon which a person may ride propelled wholly
or in part by human muscular power and having two tandem wheels, 20 inches
or more in diameter.
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.
[Added 3-28-2001 by Ord. No. 4-01]
A flat board fitted with a wheel at each end and a steering handle
attached to the axle of the front wheel used to glide or propel the user across
the ground.
[Added 3-28-2001 by Ord. No. 4-01]
A piece of wood, fiberglass or other rigid material, mounted on skate
wheels used to glide or propel the user across the ground.
[Added 3-28-2001 by Ord. No. 4-01]
No bicycle owned by a resident of the borough shall be operated within
the borough unless the owner thereof first obtains a license, evidenced by
a registration card, and a registration tag as provided in this chapter and,
in addition thereto, attaches said registration tag to such bicycle as provided
in this chapter.
[Amended 12-29-1987 by Ord. No. 15-87]
Application for a license under this chapter shall be made to the Police Department. The application forms, registration cards and registration tags shall be provided for the Department by the Mayor and Council. The applicant shall furnish proof of his ownership of the bicycle upon making the application and shall then pay the license fee. Such fee is as set forth in Chapter 169, Fees. The term of the license shall be from May 1 to April 30 of the following year.
A.
The applicant shall demonstrate to the Police Department
that the bicycle is in safe mechanical condition, that the applicant is capable
of operating the bicycle and is familiar with the traffic laws of the state
relative to the operation of and equipment of the bicycle, as well as such
rules and regulations as the Police Department may promulgate, with the approval
of the Mayor and Council, concerning operation, equipment and maintenance
of bicycles.
B.
Upon compliance by the applicant with these requirements,
the Police Department shall issue to the applicant a Class A registration
card and registration tag, which shall be fastened to the frame of the bicycle
in a conspicuous place.
C.
In case of failure to pass the required test for Class
A registration, there shall be issued a Class B registration card and a registration
tag which prohibits use of a bicycle on any of the public streets or sidewalks
of this borough.
D.
Removal of the tag shall be grounds for a revocation
of the license.
The Mayor and Council shall cause to be issued and delivered to each
licensee a printed copy of safety rules and regulations for the use of a bicycle,
including the pertinent provisions of Title 39 of the Revised Statutes, as
amended, relating to traffic regulations for bicycle riders.
Every licensee who sells or transfers ownership of a bicycle shall report
the sale or transfer to the Police Department within 72 hours. At the time
of said report, he shall return the registration card and registration tag
issued to him and shall furnish the Police Department with the name and address
of the person to whom the bicycle was sold or transferred. Registration tags
and cards shall not be transferable.
No person shall willfully or maliciously remove, destroy, mutilate or
alter the registration tag during the period for which such tag is operative.
The substitution of registration cards not in conformity with this chapter
is prohibited.
The intent of this chapter is not the prosecution of children, but the
education and training of children for their own and the community welfare.
Failure to comply with or the violation of any provisions of this chapter
or with the safety regulations promulgated by the Police Department may subject
the operator to the authority having jurisdiction over juvenile offenders.
[Amended 12-29-1987 by Ord. No. 15-87]
Any person eight years of age and over who violates any of the provisions
of this chapter relating to the vehicle and traffic laws or the bicycle safe-riding
rules and regulations and the official police instructions for the safe operation
of a bicycle shall:
A.
For the first offense, be reprimanded in writing by the
Police Department stating the nature of the violation and a warning that a
repetition of the violation, or any other violation, must be prevented or
the bicycle will be impounded for a period of time not less than seven days
nor more than 30 days, and during that period of time, the offender cannot
ride his bicycle on the streets. If the offender is a minor, the reprimand
shall be addressed to his parent or guardian.
B.
For the second offense, be summoned to appear at police
headquarters with his bicycle, and after a hearing on the violation, if it
is decided to punish the offender for the violation, the offender's bicycle
and registration may be impounded for a period of time not less than seven
days nor more than 30 days, at the discretion of the Chief of Police. If the
offender is a minor, he shall be summoned with his bicycle and be accompanied
by a parent or guardian, and after a hearing on the violation, if, in the
discretion of the Chief of Police or the Juvenile Officer, it is decided to
punish the offender for the violation, the offender's bicycle and registration
may be impounded for a period of time not less than seven days nor more than
30 days, at the discretion of the Chief of Police or the Juvenile Officer,
with the approval, if possible, of the parent or guardian, but the decision
of the Chief of Police shall prevail.
[Added 3-28-2001 by Ord. No. 4-01]
A.
A person under 14 years of age shall not operate any
scooter unless that person is wearing a properly fined and fastened helmet
meeting the standards hereinafter set forth.
B.
The requirements in Subsection A of this section shall apply at all times while a scooter is being operated on any property open to the public or used by the public for pedestrian and vehicular purposes.
C.
Helmets required pursuant to this section shall meet
the standards of the American National Standards Institute (ANSI Z90.4 Bicycle
Helmet Standard), the Snell 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.
A.
A person who violates the provisions of § 121-10 by failing to wear an approved helmet shall be warned of the violation by the enforcing official. The parent or legal guardian of the violator may be fined a maximum of $25 for the first offense and a maximum of $100 for a subsequent offense. Penalties provided under the provisions of this subsection for failing to wear an approved helmet may be waived if the parent or legal guardian of the violator presents suitable proof that an approved helmet or appropriate personal protection equipment has been purchased since the violation occurred.
