[HISTORY: Adopted by the Borough Council
of the Borough of Seaside Heights 2-19-1997 by Ord. No. 97-1. Amendments
noted where applicable.]
[Amended 2-7-2001 by Ord. No. 2001-3; 7-18-2012 by Ord. No. 12-08; 6-19-2013 by Ord. No. 13-13]
For the purpose of this chapter, the terms used
herein are defined as follows:
A device having wheels which is chain-driven and propelled
by means of physical effort of the person riding it.
A shoe with a narrow row of wheels attached to its sole,
used to glide or move along a smooth flat surface.
A shoe, or a metal frame that can be fitted to the sole of
a shoe, with wheels attached for skating over a flat surface.
A narrow board mounted on wheels with a raised handlebar
for steering.
A narrow board about two feet long mounted on roller skate
wheels.
A pair of long, slender poles each equipped with a raised
footrest to enable the user to walk elevated above the ground.
All persons operating a bicycle on any street
or public highway or upon the boardwalk within the Borough of Seaside
Heights shall determine that said bicycle has no mechanical defects
which would render the bicycle unsafe to operate. A bicycle shall
be conclusively presumed unsafe to operate if not maintained and equipped
in accordance with the provisions of N.J.S.A. 39:4-10 et seq.
[Amended 2-7-2001 by Ord. No. 2001-3; 4-19-2006 by Ord. No. 06-06]
All persons operating all modes of transportation covered in § 36-1 upon roadways or other public highways shall comply with the requirements of N.J.S.A. 39:4-10 as to the operation of said mode of transportation. All persons under 17 years of age shall be required to wear helmets as provided and as specified by N.J.S.A. 39:4-10.1 et seq.
[Amended 2-7-2001 by Ord. No. 2001-3; 4-19-2006 by Ord. No. 06-06; 6-19-2013 by Ord. No. 13-13; 5-20-2015 by Ord. No. 15-08]
All persons shall be allowed to operate bicycles, roller blades,
roller skates, skateboards or scooters on the boardwalk within the
Borough, subject to the following exceptions:
A.
During the period from April 1 to October 31 of each year, bicycles,
roller blades, roller skates or scooters may be operated on the boardwalk
on weekends (Saturdays and Sundays and holiday Mondays) only between
the hours of 6:00 a.m. and 12:00 p.m.
B.
During the period from June 15 to Labor Day of each year, bicycles,
roller blades, roller skates or scooters may be operated on the boardwalk
on weekdays, not including holiday Mondays, only between the hours
of 6:00 a.m. and 1:00 p.m.
C.
Skateboards may not be operated on the boardwalk at any time.
D.
Electric- or gas-powered or -assisted bicycles and pedestrian conveyances,
including but not limited to skateboards and scooters, are prohibited
from operating on the boardwalk at any time.
[Added 5-18-2022 by Ord.
No. 2022-09]
All persons who shall rent, hire or loan bicycles
shall cause such vehicles to be maintained in a safe condition and
comply with all applicable provisions of N.J.S.A. 39:4-10 et seq..
Said persons shall instruct the persons using said bicycles as to
the regulations provided for by this chapter as to the operation,
or they shall be subject to the penalties provided by this chapter.
Persons regularly engaged in the business of renting bicycles shall
comply with all provisions of N.J.S.A. 39:4-10.3 regarding helmets.
[Added 7-18-2012 by Ord.
No. 12-08[1]]
A.
No person shall operate or cause to be operated, within the Borough
of Seaside Heights, a bicycle or skateboard in a reckless or hazardous
fashion, in a manner that causes damage to private property or in
a style creating interference with pedestrian or vehicular traffic.
B.
No person operating a bicycle or skateboard shall hold onto a motor
vehicle or bicycle while such motor vehicle or bicycle is in motion.
C.
All persons operating a bicycle or skateboard in the Borough of Seaside
Heights must abide by the provisions of N.J.S.A. 39:4-10-11, which
statute is hereby incorporated into this chapter by reference.
D.
Electric- or gas-powered or -assisted skateboards are prohibited
from operating on all sidewalks in the Borough of Seaside Heights.
[Added 5-18-2022 by Ord.
No. 2022-09]
Any person, firm or corporation violating any
of the provisions of this chapter shall be subject to the following
penalties:
A.
Any person under 18 years of age who violates any
provision of this chapter shall be subject to discipline by the authority
having jurisdiction over juvenile matters.
B.
Any person 18 years of age or older violating or failing
to comply with any of the provisions of this chapter shall, upon conviction
thereof, be punishable by a fine of no less than $100 and no more
than $1,000, by imprisonment not to exceed 90 days or by community
service of not more than 90 days or any combination of fine, imprisonment
and community service, as determined in the discretion of the Municipal
Court Judge. The continuation of such violation for each successive
day shall constitute a separate offense, and the person or persons
allowing or permitting the continuation of the violation may be punished
as provided above for each separate offense.
C.
The violation of any provision of this chapter shall
be subject to abatement summarily by a restraining order or injunction
issued by a court of competent jurisdiction.
D.
In the event
an individual using a bicycle or skateboard is under the age of 18
years at the time that said individual violates any of the provisions
of this chapter, said bicycle and/or skateboard shall be held by the
Borough of Seaside Heights Police Department until claimed by the
parent or guardian of the minor found in possession of said bicycle
and/or skateboard.
[Added 7-18-2012 by Ord.
No. 12-08]
