[HISTORY: Adopted by the Mayor and Council of the Borough of Fanwood 3-13-1974 by Ord. No. 653R (Ch. 43 of the 1971 Code).[1] Amendments noted where applicable.]
[1]
Editor's Note: Ord. No. 653R provided for this chapter to take effect upon its adoption, with the exception of §§ 125-6 and 125-7 (§§ 43-6 and 43-7 of the 1971 Code) which became effective 7-1-1974.
As used in this chapter, the following terms shall have the meanings indicated:
BICYCLE
A device having two or more wheels with tires 20 inches or more in diameter, connected by a frame and arranged to be propelled by human power. This definition does not apply to toy bicycles or velocipedes. The term "bicycle," as used herein, shall include a motorized bicycle, which means a pedal bicycle having a helper motor characterized in that the maximum piston displacement is less than 50 cubic centimeters, rated at no more than 1.5 brake horsepower and capable of a maximum speed of no more than 25 miles per hour.
[Amended 12-10-1975 by Ord. No. 667R; 6-14-1978 by Ord. No. 689R]
BICYCLE DEALER
Any person, firm, partnership or corporation engaged in the business of buying, selling or renting new or secondhand bicycles.
DESIGNATED REPRESENTATIVE
A member of any club, civic group or other organization designated by the Board of Police to assist the Police Department in administering this chapter.
POLICE SAFETY OFFICER
That member of the Police Department so designated from time to time as the Safety Officer.
REGISTRATION TAG
Any plate, tag or decal affixed to the frame of a bicycle for identification purposes and approved by the Board of Police.
[Amended 12-10-1975 by Ord. No. 667R; 6-14-1978 by Ord. No. 689R; 12-28-1999 by Ord. No. 99-25R]
A. 
Application for a registration tag shall be made by the owner or operator of the bicycle to the Police Department and/or its designated representatives, upon a form provided by the Police Department. Upon receipt of the completed application and the proper registration fee, the Police Department and/or its designated representatives shall issue a registration tag.
B. 
Bicycle registrations shall expire upon the transfer or destruction of any registered bicycle.
C. 
Upon the change of ownership of any bicycle, the original owner shall remove the registration tag therefrom and report the transfer to the Police Safety Officer on forms provided by the Police Department, giving the name and address of the person to whom the bicycle was sold or transferred. The remnants of the tag may be returned to the Police Department, or the licensee's registration may be transferred to a replacement bicycle upon application to the Police Safety Officer giving the license number and the make and frame number of both the original and replacement bicycles. Such reports shall be made within 30 days of the date of sale or transfer. The purchaser or receiver of the transferred bicycle may secure a registration tag in the manner provided in this chapter. Proof of ownership may be required by the Police Department and/or its designated representatives.
A. 
The Police Department and/or its designated representatives shall inspect all bicycles at the time of registration to ascertain whether the bicycle is in proper mechanical condition to be operated safely.
B. 
The Police Department may inspect any bicycle on any public way or place at any time to ascertain whether the bicycle is in proper mechanical condition to be operated safely. In the event a bicycle is in such condition as to be unfit for safe operation, the offender shall be subject to the provisions of § 125-6 of this chapter.
[Amended 12-28-1999 by Ord. No. 99-25R]
A. 
All persons under the age of 16 years may be required to show evidence of proper riding skills for the safe operation of a bicycle and be examined on his/her knowledge of state laws regarding bicycles, traffic signs and signals. Efforts may be made to instruct and assist bicyclists in the proper riding skills required of them.
[Amended 12-10-1975 by Ord. No. 667R; 6-14-1978 by Ord. No. 689R; 12-28-1999 by Ord. No. 99-25R]
B. 
All persons riding or propelling bicycles upon any street or other public highway or place in the Borough shall observe the provisions of state law, this chapter and the rules and regulations as laid down by the Board of Police. A copy of such rules and regulations shall be given to each licensee at the time of issuance of such registration. Failure to comply with such rules and regulations shall subject such persons to the provisions of § 125-6 of this chapter.
C. 
Every person operating a bicycle shall operate said bicycle with due regard for the safety of other persons and vehicles lawfully upon the streets, highways, parkways and public places, as well as for his/her own safety, and shall at all times and under all conditions yield the right-of-way to pedestrians on the streets, highways, parkways, public places and crosswalks.
D. 
Every person operating a bicycle shall comply with all the vehicle traffic laws, except where such laws, by their nature, do not apply to bicycles, and shall also comply with all vehicle traffic signs and signals erected for the regulation of traffic.
E. 
It shall be unlawful for any person to operate a bicycle upon the streets, highways, parkways and public places of the Borough of Fanwood during the period of one hour after sunset to one hour before sunrise, unless such bicycle is equipped with a front light casting a beam of white light in front of such bicycle visible for not less than 500 feet, and with a rear signal, i.e., a state-approved reflector or red light visible for not less than 500 feet.
F. 
It shall be unlawful to operate a bicycle upon the streets, highways, parkways and public places of the Borough of Fanwood that is not equipped with adequate brakes which are in proper working order and which will enable the operator to make the braked wheels skid on dry, level, clean pavement.
G. 
On all highways, thoroughfares and roads and in the central business sections, it shall be the duty of all persons operating a bicycle to ride single file in a straight line and as near the right-hand curb or side of the roadway as possible at all times.
[Amended 6-14-1978 by Ord. No. 689R]
H. 
Before turning or changing the direction of any bicycle upon any street, highway, parkway or public place, it shall be the duty of the bicycle rider to give a signal by the extension of the hand and arm to indicate the direction in which it is the intention to proceed.
I. 
It shall be unlawful for any person operating a bicycle upon any street, highway, parkway or public place to attach himself or herself to any other moving vehicle.
J. 
It shall be unlawful for any person operating a bicycle equipped for carrying only the rider to carry another person on the front or rear frame or handlebar thereof.
K. 
It shall be unlawful for any person operating a bicycle to engage in fancy or trick riding or to ride without maintaining full control of such bicycle or to remove both hands from the handlebar.[1]
[Amended 12-10-1975 by Ord. No. 667R; 6-14-1978 by Ord. No. 689R]
[1]
Editor's Note: Original § 43-5L, Operation of motorized bicycle by persons under 17 years of age, § 43-5M, Wearing of helmet and goggles while operating motorized bicycle, and § 43-5N, Operation of motorized bicycle while carrying batteries, of the 1971 Code, added 12-10-1975 by Ord. No. 667R, which immediately followed, were repealed 6-14-1978 by Ord. No. 689R.
A. 
Any person who has not reached his/her 18th birthday who violates any of the provisions of this chapter, vehicle traffic laws or safe bicycle rules and regulations or registration requirements shall, for the first offense, be reprimanded in writing by the Police Department, addressed to the parent or guardian of the offender, stating the nature of the violation. A second offense shall cause written notice from the Police Department requiring the offender and his/her parent or guardian to appear before the Police Safety Officer. After a hearing, if the violation is sustained, the Safety Officer is authorized to impound the offender's bicycle for a period not to exceed seven days. No violation of this chapter shall be considered a criminal offense or made a matter of a court record where the offender is 18 years of age or under.
[Amended 2-13-80 by Ord. No. 707R]
B. 
Any person who has reached his/her 18th birthday who violates any of the provisions of this chapter, vehicle traffic laws or safe bicycle rules and regulations or registration requirements may, upon conviction thereof, have his/her registration tag suspended, and bicycle impounded, and may also be subject to prosecution under this chapter and subject to a fine not exceeding $25. Any impoundment ordered hereunder shall not exceed a period of seven days.
C. 
Any person, firm, partnership or corporation violating the provisions of this chapter relating to the licensing or rental of bicycles shall be subject to a fine not exceeding $25.
Whenever any bicycle shall be impounded for a violation of the provisions of this chapter, it shall be returned at the expiration of the impounded period to the owner, parent or guardian of the offender on the payment of a charge for storage not exceeding $3. If a person fails to reclaim an impounded bicycle or, in the case of the seizure of a bicycle because it was found in the possession of a person, firm, partnership or corporation not the legal owner thereof, if the bicycle is not reclaimed by the legal owner thereof, it shall be sold at public auction after the expiration of six months from the date of seizure. A notice containing a description of the bicycle shall be published in a newspaper circulating in the Borough of Fanwood at least 10 days prior to the date of the sale.