[HISTORY: Adopted by the Mayor and Council
of the Borough of Prospect Park 8-13-2001 by Ord. No. 2001-8.
Amendments noted where applicable.]
The following terms, as used in this section,
are defined below:
A vehicle with two wheels propelled solely by human power
and having pedals, handlebars and a saddle-like seat; term shall include
a bicycle for two or more persons having seats and corresponding sets
of pedals arranged in tandem.
Protective head gear which meets 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 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.
A low 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.
A footboard mounted on skate wheels used to glide or propel
the user across the ground.
Every person operating any bicycle, roller skates,
skateboard or scooter upon a roadway shall be granted all of the rights
and shall be subject to all of the duties applicable to the driver
of a vehicle by Chapter 4 of Title 39,[1] except as those provisions thereof which by their nature
can have no application.
[1]
Editor's Note: See N.J.S.A. 39:4-1 et seq.
The Borough Council, pursuant to N.J.S.A. 39:4-10.10a,
may regulate the operation of bicycles, roller skates, skateboards
and scooters upon the roadways and public properties under municipal
jurisdiction.
No person under the age of 14 may operate a
bicycle, roller skates, skateboards or scooters without wearing a
protective helmet as described heretofore.
In accordance with N.J.S.A. 39:4-10.10a, any
person operating any bicycle, roller skates, skateboard or scooter
upon any roadway shall ride as near to the right side of the roadway
as practicable, exercising due care when passing a standing vehicle
or one proceeding in the same direction; provided, however, that any
person may move to the left under any of the following situations:
A.
To make a left turn from a left-turn lane or pocket;
B.
To avoid debris, drains or other hazardous conditions
that make it impracticable to ride at the right side of the roadway;
C.
To pass a slower moving vehicle;
D.
To occupy any available land when traveling at the
same speed as other traffic;
E.
To travel no more than two abreast when traffic is
not impeded.
The use of motorized roller skates, scooter,
or skateboard is hereby prohibited. The motor need not be engaged
in order for a person to be in violation of this section.
A.
Any person violating this chapter shall be fined a
minimum of $50 and a maximum of $250 per offense, as determined in
the discretion of the Judge of the Municipal Court.
B.
Notwithstanding Subsection A above, any person under the age of 14 who violates the provisions of § 110-4, above, by failing to wear the appropriate 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 a first offense and a maximum of $100 for a subsequent offense. The penalties provided under this subsection may be waived if the parent or legal guardian of the violator presents suitable proof that an approved helmet has been purchased since the violation occurred. All moneys collected as fines under this section shall be deposited in the Bicycle and Skating Safety Fund, pursuant to Section 2 of P.L. 1991, c. 465 (N.J.S.A. 39:4-10.2).
