[G.O. No. 1111, § 1]
For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
- A device having two wheels, with tires 20 inches or more in diameter, connected by a frame, and designed and intended to be propelled by human power. This definition shall not apply to toy bicycles or to velocipedes.
- POLICE SAFETY OFFICER
- Such member of the Police Department as shall be designated by the Chief of Police as such safety officer.
[G.O. No. 1111, § 1; G.O. No. 1119, § 1; G.O. No. 1353, § 1]
There is hereby created a bicycle board, to consist of six individuals, at least two of whom shall be members of or officers in one or more of the parent-teacher associations in the public or private schools operating in the Town. The members of this board shall be appointed annually by the Mayor, with the approval of Council, between the first day of January and the second Monday of February, and such members shall serve for a period of one year or until their successors are appointed.
The purpose for which such board is created shall be:
To study and to recommend to the Town Council for adoption such regulations, rules of safety and municipal action as it may consider advisable to promote and protect the use of bicycles within the Town.
To coordinate and to assist in the activities and functions of municipal agencies and employees relating to bicycle use and users, as provided in this chapter and other provisions of this Code.
To receive and investigate charges or allegations of violations of this chapter, and to make and file, or assist in the making and filing, of complaints for such violations to the appropriate judicial authority.
The bicycle board shall appoint an advisory committee consisting of seven members who are members of, or officers in, parent-teacher organizations in the public and private schools operating in the Town of Westfield. Members of the advisory committee shall be appointed by majority vote of the bicycle board and shall serve for a period of one year from date of appointment or until their successors are appointed. The advisory committee shall assist the bicycle board in the discharge of its duties and advise the board concerning bicycle use and problems.
[G.O. No. 1111, § 1]
It shall be unlawful for any person residing in the Town to ride or propel a bicycle upon any public way in the Town, and for the owner of a bicycle voluntarily to permit another to so ride or propel such bicycle, unless such bicycle is currently registered as herein provided and a current registration tag affixed, and unless the condition of such bicycle and its operation by such person at such time comply in all respects with all applicable statutes, ordinances, rules or regulations of the state, the county and the Town.
[G.O. No. 1111, § 1; G.O. No. 1441, §§ I, II; G.O. No. 1503, § I]
Application for registration shall be made to the Police Department of the Town for a permanent license upon a form provided by the Police Department. Upon receipt of such application and payment of a registration fee of $1, the Police Department shall issue a registration certificate and registration tag for such bicycles as are in safe mechanical riding condition and in compliance with the provisions of this chapter.
Registration shall be on a permanent basis.
The Police Department or the bicycle board will conduct annual registrations on the Town school grounds in May of each year, at times and places to be announced. Registration certificates will be issued and tags will be affixed at the time of initial registration to such bicycles as are in safe mechanical riding conditions and in compliance with the provisions of this chapter. At the time of such registration, reflective tape provided by the Police Department may also be affixed to each bicycle.
Bicycles which are not registered at such annual registrations must be done through the records bureau of the Police Department. Bicycle license application forms are available at the Records Bureau, and may be processed either by mail or during the normal working hours of the records bureau of the Police Department.
Upon the transfer of ownership of any bicycle, the former registered owner shall, within seven days of the date of transfer, return the registration certificate to the safety officer, furnishing the name and address of the person to whom the bicycle was transferred. Such former registered owner may then apply for and register a replacement bicycle, if any, and have a registration tag affixed and registration certificate issued for such replacement bicycle without charge. The purchaser or receiver of the transferred bicycle, if a Town resident, must obtain a registration tag in the manner provided in this chapter. Proof of ownership may be required by the Police Department or the bicycle board at such time.
A new resident of the Town shall have 90 days from the date of residence in which to comply with the registration requirements of this chapter.
It shall be unlawful for any person willfully or maliciously to remove, destroy, mutilate or alter any numbers stamped or appearing on any bicycle frame, or to remove, destroy, mutilate or alter any registration tag affixed to a bicycle, during the time in which such registration tag is operative, except as herein otherwise provided.
It shall be unlawful for any person willfully or maliciously to remove, destroy or mutilate any safety equipment, required by statute or by this chapter to be affixed to bicycles, from any bicycle of which such person is not the owner or legally in possession.
The Police Department may stamp, engrave or otherwise permanently mark numbers on the frames of bicycles on which no serial number can be found, or on which such number is illegible or insufficient for identification purposes, and may also affix reflective tape to bicycles without cost to the owner.
Any loss, destruction or defacing of a registration tag shall be reported by the registered owner of the bicycle to the Police Department within 48 hours thereof, and such tag shall be replaced by the Police Department on payment of a fee of $0.50.
No bicycle shall be rented, leased or offered for rent or lease, unless such bicycle is registered and a registration tag attached thereto as herein provided.
[G.O. No. 1111, § 1; G.O. No. 1119, § 1]
Municipal law enforcement officers may inspect any bicycle on any public way or place at any time, to ascertain whether it has on it a registration tag properly displayed and in legible condition and whether the bicycle is in proper mechanical condition to be operated safely and in compliance with the applicable provisions of state law and this chapter. In the event that a bicycle is being used or operated without such registration tag in legible condition, or is in such condition as to be unfit for safe operation, or fails to comply with the provisions of this chapter, such bicycle shall be impounded.
[G.O. No. 1111, § 1; G.O. No. 1119, § 1]
All persons riding or operating bicycles upon any street or other public highway or place in the Town shall observe and comply with all applicable statutes, ordinances, rules or regulations of the state, the county and the Town. A copy of such statutes, ordinances, rules and regulations, compiled or prepared by the bicycle board in pamphlet form, shall be furnished to all registering owners at the time of issuance of registration. Failure to comply with such statutes, ordinances, rules or regulations shall subject the operator or registered owner to the penalties provided by law.
[G.O. No. 1111, § 1]
No bicycle shall be registered as herein provided, unless such bicycle shall be permanently equipped with a bell or other device capable of giving a signal audible for a distance of at least 100 feet and with a brake which will enable the operator to make the braked wheels skid on dry, level, clean pavement, as required by Section 39:4-11.1 of the Revised Statutes of New Jersey.
No bicycle shall be registered as herein provided, unless it shall be in proper mechanical condition to be operated safely and in compliance with applicable statutes and the provisions of this chapter.
[Ord. No. 1111, § 1; G.O. No. 1119, § 1]
The procedures and penalties for violations of statutes relating to the use and operation of bicycles shall be as provided by the laws of the state.
The provisions of this chapter shall be enforceable by any persons authorized by law to act as law enforcement officers for the Town, and the procedures and penalties for violations thereof shall be as hereinafter set forth.
Any person of the age of 17 years or older, charged with violation of any statute relating to the use and operation of bicycles shall, upon conviction thereof, suffer the penalties provided therein.
Any person of the age of 17 years or older, charged with violation of a provision of this chapter, may, upon conviction thereof, suffer suspension of registration or impoundment of bicycle, and may further by subject to a fine not to exceed $25.
A charge or allegation that any person below the age of 17 years shall have violated any state, county or municipal statutes, ordinances, rules or regulations relating to the use, operation or registration of bicycles may be received and investigated by the bicycle board, in accordance with established investigatory procedures which it shall adopt.
In the event that the bicycle board shall, after such investigation, conclude that the nature of the offense shall justify further proceedings, it shall cause a complaint based thereon to be filed or charges made to the appropriate judicial officer or agency provided by law, for such hearing, disposition and penalty as may be authorized by law.
Any bicycle impounded for failure to comply with the provisions of this ordinance will be stored at the Westfield Public Works Center, in an area provided for such storage, for a period of one week, and at the expiration thereof will be released only to the registered owner, if of age, or to the parent or guardian of such registered owner, if such registered owner is under the age of 18 years. Such release from impoundment will be effected by a member of the bicycle board on the Saturday immediately following the expiration of the period of impoundment.