[HISTORY: Adopted by the Mayor and Council of the Borough of River
Edge: Art. I, 1-20-1975 by Ord. No. 624 (§ 5-9 of the 1975 Code);
Art. II, 10-6-1980 as Ord. No. 772 (§ 4-16 of the 1975 Code). Amendments
noted where applicable.]
[Adopted 1-20-1975 by Ord.
No. 624 (§ 5-9 of the 1975 Code)]
As used in this Article, the following terms shall have the meanings
indicated:
Any vehicle consisting of an arrangement or combination of wheels,
twenty (20) inches or more in diameter, supported by a frame, propelled wholly
or in part by the feet acting upon pedals.
No person residing within the Borough of River Edge shall use a pedicycle
without having first registered the same in the manner hereinafter provided.
The Chief of Police of the River Edge Police Department, or his designee,
is hereby designated as a licensing and enforcement authority under this Article.
A license fee for each pedicycle shall be as set forth in the Borough
Fee Schedule, adopted by resolution of the Borough Council, on file in the
office of the Borough Clerk, and shall be paid upon application for registration.
The applicant shall furnish proof of ownership at the time of application,
and a record of registration shall be kept by the Police Department indicating
the name and address of the owner, registration number and description of
the pedicycle.
A.
The applicant shall demonstrate (to the licensing authority)
that the pedicycle is in a safe mechanical condition, which inspection shall
include:
(1)
Frame. The frame shall not cracked or bent.
(2)
Pedals. Pedals shall be free of defects with reflectors
affixed thereon.
(3)
Brakes. Brakes shall meet the requirement of N.J.S.A.
39:4-11.1 that "every bicycle shall be equipped with a brake which will enable
the operator to make the braked wheels skid on dry, level, clean pavement."
(4)
Lights and reflectors. All pedicycles shall be equipped
with double-faced amber reflectors mounted on each wheel and a red reflector
facing the rear of the pedicycle. Lights shall meet the requirement of N.J.S.A.
39:4-10 that "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 five hundred (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 five hundred
(500) feet to the rear."
(5)
Audible signal. Pedicycles shall meet the requirement
of N.J.S.A. 39:4-11 that "no person shall operate a bicycle unless it is equipped
with a bell or other device capable of giving a signal audible for a distance
of at least one hundred (100) feet, except that a bicycle shall not be equipped
with nor shall any person use upon a bicycle any siren or whistle."
(6)
Any and all other parts shall be fastened securely to
the pedicycle.
B.
All pedicycles must meet these safety tests before they
can be registered.
Upon compliance by the applicant with the requirements herein set forth,
the Police Department shall issue to the applicant a registration tag, which
shall be affixed to the frame of the pedicycle in a conspicuous place, and
shall also be issued a registration card. Removal of said tag shall be grounds
for a revocation of the registration.
Such registration shall consist of permanently stamping upon the sprocket
of a pedicycle an identifying registration symbol, which shall consist of
numbers identifying the Borough of River Edge as being the municipality in
which the pedicycle is registered.
The Borough Clerk shall cause to be issued and delivered to each licensee
a printed copy of the safety rules and regulations for the use of a pedicycle,
and particularly the provisions of Article 3, Section 4, of Title 39 of the
Revised Statutes of New Jersey, as amended.
A pedicycle being used without a registration card and tag or in such
condition as to be unfit for safe operation, or operated recklessly, shall
be subject to a fine of two dollars ($2.) and/or the restriction of the use
of such pedicycle by rendering the same inoperative by the licensing authority
until such time as the condition is corrected and submitted to the licensing
authority for approval. Pedicycles so cited shall be entrusted to the care
of the parents.
A.
No person shall remove the registration tag from a pedicycle.
B.
No person shall erase, alter or obliterate the serial
number from any pedicycle on which it was stamped or cause another number
to be stamped upon any pedicycle not duly registered in accordance with this
Article.
C.
No person shall alter, erase, add or delete any information
contained on the registration card.
D.
In the event that the serial number has been erased,
altered or obliterated upon presentation for inspection, the pedicycle shall
be impounded until proof of ownership dating back to the original purchaser
can be verified.
All pedicycles regulated by this Article shall be licensed on or before
the first day of July of each year and shall expire June 30 of the following
year.
The intent of this Article is not the prosecution of children, but the
education and training of children for their own and the community welfare.
A continued willful refusal to comply with the safety regulations promulgated
by the Police Department may subject the operator to the authority having
jurisdiction over juvenile matters.
A.
Whenever a minor is found to be violating the Pedicycle
Ordinance hereinabove referred to with respect to registration and licensing,
unsafe condition of pedicycle or improper or insufficient equipment on the
pedicycle as set forth in the Pedicycle Ordinance, the parent or guardian
shall be so advised, in writing, hand-delivered to them.
B.
If the violation set forth above has not been corrected
within seven (7) calendar days, it shall be rebuttably presumed that the minor
did so with the knowing permission or sufferance of his parents or guardian,
and a summons shall be issued.
[Amended 3-21-1988 by Ord. No.
955[1]]
For a violation of any provision of this Article, the maximum penalty,
upon conviction thereof, shall be a fine not exceeding one thousand dollars
($1,000.), or imprisonment for up to ninety (90) days, or a period of community
service not exceeding ninety (90) days, or any combination thereof.
[Adopted 10-6-1980 as Ord.
No. 772 (§ 4-16 of the 1975 Code)]
As used in this Article, the following terms shall have the following
meanings indicated:
A vehicle powered with muscle power only designed to be ridden by
one (1) or more persons. Ordinarily, a bicycle has two (2) wheels, but a two-wheeled
vehicle with two (2) additional wheels in back for balance, and a vehicle
with three (3) wheels designed to be ridden by an adult, shall be deemed to
be bicycles for the purposes of this Article.
A pathway designed and designated by signs and/or markings for bicycle
operation in Veterans Memorial Park and on the property of the River Dell
Regional Board of Education, a path set aside exclusively for the use of bicycles.
A path used primarily for biking or walking.
All vehicles, with the exception of bicycles, are prohibited from using
a designated Class I Bike Path and/or walkway, except as follows:
Where a designated Class I Bike Path has been provided, every bicyclist
shall use the path and shall not use the adjacent roadway except at intersections,
in an emergency or where necessary to:
No bicycle shall be used to convey more persons at one (1) time than
the number for which it is designed or equipped.
Except where otherwise indicated by official traffic control devices,
a pedestrian shall yield the right-of-way to all bicycles operating on a designated
bike path.
For a violation of any provision of this Article, the maximum penalty,
upon conviction thereof, shall be a fine not exceeding one thousand dollars
($1,000.), or imprisonment for up to ninety (90) days, or a period of community
service not exceeding ninety (90) days, or any combination thereof.
This Article shall take effect upon approval by the Commissioner of
Transportation of the Department of Transportation of the State of New Jersey
and the placing of signs where this Article is effective, according to law,
and upon the publication after final passage as required by law.[1]
[1]
Editor's Note: Said approval was obtained from the Department of Transportation.
