[HISTORY: Adopted by the Board of Commissioners of the Township of Nutley 2-3-2004 by Ord. No. 2829 (Ch. 187 of the 1978 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 228.
Peace and good order — See Ch. 506.
Streets and sidewalks — See Ch. 626.
The following terms, as used in this chapter, are defined below:
ROLLER SKATES
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.
SCOOTER
A low board filled 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.
SKATEBOARD
A piece of wood on skate wheels used to glide or propel the user across the ground.
Every person operating any roller skates, skateboards 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, except as those provisions thereof which by their nature can have no application.
The Board of Commissioners, pursuant to N.J.S.A. 39:4-10.10a, may regulate the operation of roller skates; skateboards and scooters upon the roadways and public properties under municipal jurisdiction.
No person under the age of 14 may operate roller skates or skateboards without wearing full protective gear, including helmet, wrist guards, elbow pads and knee pads. No person under the age of 14 may operate a scooter without a helmet, elbow pads and knee pads.
In accordance with N.J.S.A. 39:4-10.10a, any person operating any roller skates, skateboard or scooter upon a 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 operation of any roller skates, skateboard or scooter by any person under the age of 14 is prohibited upon the following roadways:
A. 
State roadways;
B. 
County roadways; and
C. 
Any section of roadway with a posted speed limit in excess of 35 miles per hour.
The use of motorized roller skates, scooters, or skateboards is hereby prohibited. The motor need not be engaged in order for a person to be in violation of this prohibition.
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 § 544-4 above by failing to wear the appropriate protective gear 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 provision 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. All moneys collected as fines under this chapter 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).