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Borough of Point Pleasant, NJ
Ocean County
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Table of Contents
Table of Contents
[Ord. #552, S 103-1]
Whenever any words and phrases are used in this Chapter, the meaning respectively ascribed to them in Subtitle 1 of Title 39 of the Revised Statutes of New Jersey shall be deemed to apply to such words and phrases used herein.
[New]
Whenever certain hours are named in this Chapter, they shall mean either Eastern Standard Time or Eastern Daylight Saving Time as may be in current use in the Borough.
[Ord. #552, S 103-5; New]
The provisions of this Chapter imposing a time limit on parking shall not relieve any person of the duty to observe other more restrictive provisions prohibiting or limiting the stopping, standing or parking of vehicles as set forth in R.S. 39:4-138, any other New Jersey Statute or as hereinafter provided.
[Ord. #552, S 103-22; New]
a. 
Upon the declaration of an emergency, there shall be no parking upon streets or sections of streets where temporary EMERGENCY NO PARKING signs are displayed. The Chief of Police or, in his absence, the ranking police officer is authorized to declare an emergency and to direct the posting of EMERGENCY NO PARKING SIGNS when weather conditions, accidents, fires or public celebration dictate or require the avoidance of hazards or conditions which interfere with the free flow of traffic. Notification the EMERGENCY NO PARKING signs are being or will be posted shall be given to the operator or owner of any vehicle which has been parked prior to the posting of the signs.
b. 
Any unoccupied vehicle parked or standing in violation of this Section shall be deemed a nuisance and a menace to the safe and proper regulation of traffic and any police officer may provide for the removal of such vehicle. The owner shall pay the reasonable costs of removal and storage which may result from such removal before regaining possession of the vehicle.
c. 
The effectiveness of this subsection is contingent upon the signs being erected as required by law.
[Ord. #552, S 103-21; Ord. #1996-19, S 1]
a. 
Whenever snow has fallen and the accumulation is such that it covers the street or highway, no vehicle shall be parked on either side of any of the streets or parts thereof described in Schedule I which may be found in Chapter 7A, Traffic Schedules.
b. 
The above parking prohibitions shall remain in effect after the snow has ceased until the streets have been plowed sufficiently and to the extent that parking will not interfere with the normal flow of traffic.
[Ord. #552, S 103-6; Ord. #778, S 1; Ord. #804, S 2; Ord. #818, S 1; Ord. #1996-13, S 1; Ord. #1996-14, SS 1, 2; Ord. #1998-29, S 1; Ord. #2001-29, S 1; Ord. #2004-18, S 1; Ord. #2015-07; Ord. #2015-26; Ord. No. 2016-14; Ord. No. 2017-15; amended 11-19-2018 by Ord. No. 2018-15; 8-23-2021 by Ord. No. 2021-10]
No person shall park a vehicle at any time upon any of the streets or parts thereof described in Schedule II which may be found in Chapter 7A, Traffic Schedules.
[Ord. #522, S 103-7; Ord. #556, S 103-31; Ord. #574, S 103-31; Ord. #603, SS 1, 2; Ord. #774, S 1; Ord. #786, S 1; Ord. #804, S 1; Ord. #818, S 1; Ord. #837, SS 1, 2; Ord. #879, SS 1, 3; Ord. #93-3, S 1; Ord. #99-09, S 1; Ord. #2001-29, S 2; Ord. #2002-01, S 1; Ord. #17-2006, S 1; Ord. #02-2007; Ord. #2011-11; Ord. #2013-02; Ord. #2015-25]
No person shall park a vehicle between the hours specified in Schedule III of any day upon any of the streets or parts of streets in Schedule III which may be found in Chapter 7A, Traffic Schedules.
[Ord. #552, S 103-8; Ord. #665, S 1; Ord. #774, S 2; Ord. #93-17, S 1; Ord. #1998-09, S 1]
No person shall stop or stand a vehicle between the hours specified in Schedule IV of any day upon any of the streets or parts described in Schedule IV which may be found in Chapter 7A, Traffic Schedules.
[Ord. #552, S 103-9; Ord. #609, S 1; Ord. #774, S 3; Ord. #879, S 2]
No person shall park a vehicle for longer than the time limit shown in Schedule V at any time between the hours listed in Schedule V of any day upon any of the streets or parts of streets described in Schedule V which may be found in Chapter 7A, Traffic Schedules.
[Ord. #2014-02]
Head-on parking shall be permitted and required on the easterly side of Barnegat Bay Boulevard starting at approximately 1711 Barnegat Bay Boulevard and ending at 1701 Barnegat Bay Boulevard.
[Ord. #552, S 103-11; Ord. #791, S 1; Ord. #815, S 1; Ord. #879, S 3; Ord. #2005-04, S 1]
Trucks over four (4) tons gross weight are hereby excluded from the streets or parts of streets described in Schedule VI except for the pick up and delivery of materials on such streets, Schedule VI may be found in Chapter 7A, Traffic Schedules.
[Ord. #602, S 1]
Trucks over four (4) tons gross weight are hereby prohibited from parking on the streets or parts of streets described in Schedule VII during the hours indicated thereon, Schedule VII may be found in Chapter 7A, Traffic Schedules.
[Ord. #552, S 103-12; Ord. #620, S 103-26; Ord. #716, S 1; Ord. #733, S 1; Ord. #741; Ord. #2005-24, S 1]
The streets or parts of streets described in Schedule VIII which may be found in Chapter 7A, Traffic Schedules, are hereby designated as One-way streets in the direction indicated.
[Ord. #552, S 103-13; Ord. #641, S 1; Ord. #679, S 2; Ord. #681, S 1; Ord. #718, S 1; Ord. #733, S 2; Ord. #757, S 1; Ord. #778, S 1; Ord. #786, S 2; Ord. #93-3, S 2; Ord. #2002-04, S 1; Ord. #2011-05]
Pursuant to the provisions of R.S. 39:4-140, the streets or parts of streets described in Schedule IX which may be found in Chapter 7A, Traffic Schedules, are hereby designated as Through Streets. STOP signs shall be installed on the near right side of each street intersecting the Through Street except where YIELD signs having sides thirty-six (36") inches in length are provided for in the designations.
[Ord. #552, S 103-14; Ord. #564; Ord. #603, S 3; Ord. #641, S 2; Ord. #681, S 2; Ord. #684, S 1; Ord. #697, S 1; Ord. #718, S 2; Ord. #733, S 3; Ord. #743, S 1; Ord. #757, S 2; Ord. 799, S 1; Ord. #832, S 1; Ord. #847, S 1; Ord. #859, S 1; Ord. #860, S 1; Ord. #92-47, S 1; Ord. #92-64, S 1; Ord. #96-02, S 1; Ord. #96-06, S 1; Ord. #1996-17, SS 1; Ord. #1996-22, S 1; Ord. #97-02, S 1; Ord. #97-03, S 1; Ord. #1998-10, SS 1, 2; Ord. #2002-04, S 2; Ord. #2007-14, S 1; Ord. #2011-05]
Pursuant to the provisions of R.S. 39:4-140, the intersections described in Schedule X which may be found in Chapter 7A, Traffic Schedules, are hereby designated as Stop Intersections. STOP signs shall be installed as provided therein.
[Ord. #552, S 103-15; Ord. #718, S 3]
Pursuant to the provisions of R.S. 39:4-140, the intersections described in Schedule XI which may be found in Chapter 7A, Traffic Schedules, are hereby designated as Yield Intersections. YIELD signs having sides thirty-six (36") inches in length shall be installed as provided therein.
[Ord. #552, S 103-16]
The locations described in Schedule XII which may be found in Chapter 7A, Traffic Schedules, are hereby designated as Loading Zones.
[Ord. #552, S 103-17]
The locations described in Schedule XIII which may be found in Chapter 7A, Traffic Schedules, are hereby designated as Taxi Stands.
[Ord. #552, S 103-18; Ord. #1998-23, S 1]
The locations described in Schedule XIV which may be found in Chapter 7A, Traffic Schedules, are hereby designated as Bus Stops.
[Ord. #552, S 2 103-20; Ord. #847, S 2; Ord. #92-47, S 2; Ord. #2007-03, S 1; Ord. #2011-18]
No person shall make a left turn at any of the locations described in Schedule XV which may be found in Chapter 7A, Traffic Schedules.
[Ord. #522, S 103-19]
No person shall make a U-Turn at any of the locations described in Schedule XVI which may be found in Chapter 7A, Traffic Schedules.
[New]
No person shall make a turn at any of the locations described in Schedule XVII which may be found in Chapter 7A, Traffic Schedules.
[Ord. #552, S 103-25; Ord. #685, S 1; Ord. #725, S 1; Ord. #1996-17, S 2]
The streets or parts of streets described in Schedule XVIII which may be found in Chapter 7A, Traffic Schedules, shall have the speed limits designated in such schedule.
Regulatory and warning signs shall be erected and maintained to effect the above designated speed limits as authorized by the Department of Transportation.
[Ord. #552, S 103-29; Ord. #852, S 1]
No Passing Zones are hereby established and maintained along those streets or parts of streets described in Schedule XIX, which may be found in Chapter 7A, Traffic Schedules, as authorized by the New Jersey Department of Transportation in accordance with the sketch dated and numbered as indicated.
[Ord. #552, S 103-27]
Traffic control signals shall be installed and operated at the intersection of those streets described in Schedule XX which may be found in Chapter 7A, Traffic Schedules.
[Ord. #552, S 103-28]
Traffic signal installation shall be in accordance with the provisions of An Act Concerning Motor Vehicles and Traffic Regulations, Subtitle 1 of Title 39 of the New Jersey Revised Statutes, shall conform to the design and shall be maintained in operation as authorized by the Department of Transportation of the State of New Jersey.
[Ord. #714, S 1]
The purpose of this Section is to increase access to public buildings by handicapped persons pursuant to local needs and direction provided by N.J.S.A. 52:32-11 and N.J.S.A. 52:32-12.
[Ord. #714, S 2]
As used in this Section:
HANDICAPPED PERSON
shall mean a person who may be classified as having a physical impairment which manifests itself in one or more of the following ways: non-ambulatory; semi-ambulatory; visually impaired; deaf or hard-of-hearing; having faulty coordination; and having reduced mobility, flexibility, coordination, or perceptiveness due to age, physical, or mental condition.
PUBLIC BUILDING
shall mean any building, structure, facility or complex used by the general public or to which the general public is invited, including but not limited to theaters, concert halls, auditoriums, museums, schools, libraries, recreation facilities, public transportation terminals and stations, factories, office buildings, shopping centers, hotels or motels and public eating places, whether privately or publicly owned, except that this term shall not include one (1) to four (4) family housing units, warehouse storage areas and all buildings containing hazardous flammable or explosive material.
[Ord. #714, S 3]
The owners of all public buildings which provide parking spaces adjacent to or used in conjunction with the public buildings shall, within one hundred eighty (180) days of notice thereof, provide and thereafter maintain parking spaces for handicapped persons in accordance with the guidelines herein set forth and in a location and manner as determined by the Construction Official. Any parking facility with less than twenty-two (22) existing spaces shall be exempt from the provisions of this Chapter. This does not preclude those with less than twenty-two (22) spaces from including a space for handicapped parking. Housing complexes shall identify handicap parking spaces whenever a handicapped person is a resident of such complex. This space shall be designated by the owner and or manager of the building.
[Ord. #714, S 4]
Parking spaces for the handicapped shall be constructed according to the following guidelines:
a. 
A minimum of one (1%) percent of the total number of parking spaces, but not less than two (2) parking spaces, shall be provided in an area of the parking facility which is most accessible and approximate to the buildings which the facility serves.
b. 
Each space or group of spaces shall be identified with a clearly visible sign displaying the International Symbol of Access along with the following wording: "These spaces reserved for handicapped drivers."
c. 
Each space shall be twelve (12') feet wide to allow room for persons in wheelchairs or on braces or crutches to get in and out of either side of an automobile onto a level, paved surface suitable for wheeling and walking.
d. 
Where possible, such spaces shall be located so that persons in wheelchairs or using braces or crutches are not compelled to wheel or walk behind parked cars.
e. 
Where handicapped parking is designated curb ramps shall be provided to permit handicapped people access from parking areas to sidewalk.
[Ord. #714, S 5]
No persons shall park a vehicle in any parking space designated and marked as being set aside for the physically handicapped in any parking facility unless the operator of the vehicle is the holder of an identification card issued pursuant to N.J.S.A. 39:4-205 or 68-7 hereof, and the operator's vehicle shall have affixed thereto an identification certificate or marker issued by the New Jersey Director of the Division of Motor Vehicles, or temporary permits issued for thirty (30) days by the Police Chief for handicapped individuals upon verification by physician.
[Ord. #10-2007, S 2]
The purpose of this section is to establish a restricted parking zone, by ordinance, in front of a residence occupied by a handicapped person, which person has been issued a windshield placard or wheelchair symbol license plates for the vehicle owned by the handicapped person.
[Ord. #10-2007, S 2]
This section is enacted in accordance with N.J.S.A. 39:4-197.6 which does confer upon the Borough a right to establish resident handicapped on-street parking in order to preserve and safeguard the public health, safety and welfare.
[Ord. #10-2007, S 2]
a. 
The person requesting on-street resident handicapped parking is a resident of the Borough of Point Pleasant who shall make application to the Point Pleasant Borough Police Department. The application shall be reviewed, and approved or denied, by the Chief of Police of the Borough of Point Pleasant. A negative determination may be appealed to the Borough Council if a request from a resident aggrieved, is received within twenty (20) days from the date of the Chief's declination.
b. 
The person requesting on-street resident handicapped parking has been issued a wheelchair symbol license plate or windshield placard issued by the New Jersey Division of Motor Vehicles, which is properly displayed in either the handicapped resident's vehicle, or the vehicle of an immediate family member who also resides at that location.
c. 
The subject property passes an on-site inspection by the Point Pleasant Borough Police Department, which inspection shall determine whether handicapped parking will interfere with the normal flow of traffic, or whether there is immediate adjacent off-street parking available to the applicant.
d. 
The applicant complies with the provisions of N.J.S.A. 39:4-138(o) and 39:4-197.6 regulating handicapped parking in designated spaces.
e. 
Upon approval of an applicant's request for resident handicapped on-street parking, the Borough will enact an appropriate ordinance designating the name of the subject street, the side of that street where the resident resides, and a description of the allowed parking area in front of the subject residence. Such designation shall be within the property lines of the subject residence, but otherwise shall be subject to the discretion of the Police Department and the Chief of Police.
[Ord. #10-2007, S 2]
Any person improperly parking in a properly designated resident handicapped restricted parking space shall be subject to the penalties under N.J.S.A. 39:4-203 and 39:4207.7.
[Ord. #574, S 103-2, S 103-4; New; Ord. #90-16, S 2; Ord. #2003-27, S 1]
Any person parking a motor vehicle in a restricted parking space without a special vehicle identification card shall be liable for a fine of two hundred fifty ($250.00) dollars for the first offense and for subsequent offenses, a fine of at least two hundred fifty ($250.00) dollars and up to ninety (90) days community service on such terms and in such form as the Court shall deem appropriate, or any combination thereof.
Unless another penalty is expressly provided by New Jersey Statute, every person convicted of a violation of a provision of this Chapter or any supplement thereto shall be liable to a penalty of not more than one hundred ($100.00) dollars or imprisonment for a term not exceeding fifteen (15) days or both.
All former traffic ordinances of the Borough of Point Pleasant covered in this Traffic Chapter are hereby repealed except that this repeal shall not affect or prevent the prosecution or punishment of any person for any act done or committed in violation of any ordinance hereby repealed prior to the taking effect of this Chapter.
[Ord. #863, S 1]
The following are hereby established as parking regulations adjacent to Borough Hall:
a. 
The parking lot southerly and westerly of the Borough Hall structure, north of Bridge Avenue, containing sixty-seven (67) parking spaces, shall be limited to parking for a maximum of ten (10) minutes.
b. 
The provisions of this section shall apply during regular business days of the Borough of:
1. 
Monday through Friday, 9:00 a.m. to 4:00 p.m. and
2. 
Thursdays, 6:30 p.m. to 8:30 p.m.
c. 
The provisions of this section shall not apply to Borough employees, officials, or individuals transacting business at the Borough Hall.
d. 
The Borough shall post signs indicating that there is a time limitation for use of the Borough Hall public parking spaces.
[Ord. #863, S 1]
No person shall park or store between the hours of 9:00 p.m. and 6:00 a.m. a motor drawn vehicle, omnibus, pole trailer, road tractor, or commercial motor vehicle at the Borough Hall parking lot.
[Ord. #863, S 1]
The provisions of this Section imposing a time limit on parking shall not relieve any person of the duty to observe other and more restrictive provisions prohibiting or limiting the stopping, standing, or parking of vehicles as set forth in N.J.S.A. 39:4-138, and other New Jersey Statutes.
[Ord. #863, S 1]
Any person found to have violated the provisions of this section shall be subject to a penalty of between twenty-five ($25.00) dollars and one hundred ($100.00) dollars for the first offense, and a penalty of between two hundred ($200.00) dollars and one thousand ($1,000.00) dollars for a second and subsequent offense.
[Ord. #863, S 1]
The provisions of this Section shall be enforced in the Municipal Court of the Borough of Point Pleasant.
[Ord. #2000-11, S 1]
This Section shall be known and cited as the "Block Closure Ordinance of the Borough of Point Pleasant."
[Ord. #2000-11, S 1]
No person and/or persons shall engage in, participate in, aid, form, or start a block party and/or the closing of any public roadway located within the Borough of Point Pleasant unless and until a permit has been obtained from the Borough Clerk.
[Ord. #2000-11, S 1]
This Chapter shall not apply to:
a. 
Any governmental agency acting within the scope of its functions.
b. 
Any private company and/or corporation performing roadwork in the municipality having obtained the appropriate road opening permit from any appropriate governmental agency.
[Ord. #2000-11, S 1]
Any person and/or persons seeking the issuance of a block party permit shall file an application with the Borough Clerk on forms provided by the Borough Clerk. Such applications shall be filed no later than twenty-one (21) days prior to the date upon which it is proposed to conduct said block party.
[Ord. #2000-11, S 1]
The application for a block party, street closing permit shall set forth the following information:
a. 
The name, address and telephone number of the person or persons seeking to conduct such block party.
b. 
If the block party is proposed to be conducted for, on behalf of or by any organization, the names, addresses and telephone numbers of any and all individuals who are members of said organization, who are authorized to act for and are responsible for the actions of such organization.
c. 
The date when the block party will be conducted.
d. 
The street which is proposed to be closed to vehicular and/or pedestrian traffic.
e. 
The approximate number of persons who will participate in such block party.
f. 
The hours of when such block parties shall start and terminate.
g. 
A statement as to the exact location where the applicant intends to conduct said block party including exact location where the applicant proposes to block vehicular access.
h. 
The name and address of the individual who is responsible for blocking and/or removing any blockades upon any said street or roadway.
i. 
Any additional information which the Borough Clerk shall request and/or find reasonably necessary for a fair determination as to whether or not such permit should be issued.
[Ord. #2000-11, S 1; Ord. #2015-22 § 1]
The Borough Clerk, upon receipt of any such application, shall submit a copy thereof to the Chief of Police of the Borough of Point Pleasant and shall provide a copy of same to each member of Council and the Mayor. The Chief of Police shall be given seven (7) days to comment upon such application, including the opinion of the Chief of Police and/or his designee as to whether or not it is in the best interest of the municipality to permit such a block party to take place and his reasons therefor. The Borough Administrator of the Borough of Point Pleasant shall determine whether or not to issue a permit based upon the application submitted and any comments provided to it by the Chief of Police or his designee. The Borough Administrator shall have the discretion to grant the application and issue the permit, deny the application or to grant the application with any and all reasonable and necessary conditions it deems appropriate.
[Ord. #2000-11, S 1; Ord. #2015-22 § 2]
If the Borough Administrator disapproves of the application, the Borough Administrator shall notify the applicant of his decision. In the event of a denial, the applicant is permitted to file an appeal with the Borough Council for review and consideration.
[Ord. #2000-11, S 1; Ord. #2015-22 § 3]
Immediately upon the issuance of a block party permit, the Borough Clerk shall provide a copy of same to the following:
a. 
Office of the Mayor.
b. 
Superintendent of Public Works.
c. 
Fire Chief for the area where the block party shall be conducted.
d. 
Local First Aid Squad.
e. 
Chief of Police.
[Ord. #2000-11, S 1]
Each such block party permit shall state the following information:
a. 
Starting time.
b. 
The time upon which the block party shall conclude.
c. 
The portion of the street which may be closed.
d. 
The name and address of the individual or individuals who receive said permit.
[Ord. #2000-11, S 1]
Any person or persons issued a permit under the provisions of this Chapter shall comply with all permit direction and/or conditions as well as all applicable laws and ordinances of the Borough of Point Pleasant.
[Ord. #2000-11, S 1]
The applicant and/or applicants shall maintain the permit at the location of the block party at all times during said event and shall display same and provide same to any police officer or other official of the Borough of Point Pleasant who requests same.
[Ord. #2000-11, S 1]
The Chief of Police or his designee shall have the authority to revoke any block party permit issued hereunder in the event the Chief of Police determines that the public health, safety and welfare necessitates the revocation thereof.
[Ord. #2000-11, S 1]
Any person violating or failing to comply with any provision of this Chapter, shall, upon conviction thereof, be punishable by fine of not less than fifty ($50.00) dollars and not more than five hundred ($500.00) dollars.
[Ord. #2000-22, S 3]
The following locations shall be established as mid-block crosswalks:
Name of Street
Location
Bay Avenue
Beginning at a point approximately 350 feet south of Harbour Lane and extending southward therefrom for a distance of 8 feet.
[Ord. #2004-23, S 1]
The following locations are hereby designated as speed hump zones and will have installed speed humps, traffic pavement markings and signage, including advisory speed plates, in accordance with the provisions set forth in the recommended Practice of the Institute of Transportation Engineers "Guidelines for the Design and Application of Speed Humps." The designated speed hump zones are set forth herein.
[Ord. #2004-23, S 1]
In accordance with the provisions of this Section, the following described locations are designated as speed hump zones:
a. 
Pearce Street
b. 
Spruce Street
[Ord. #2004-20, S 1]
All persons entering onto Board of Education property shall park their vehicles in designated parking spaces in designated parking areas on the school property. Parking of vehicles in any other area on school property not designated for parking shall be prohibited.
[Ord. #2004-20, S 1]
No student shall park a vehicle on school property during school hours or allow his or her vehicle to remain parked during school hours except in areas specifically designated for student parking and only with a proper parking permit issued by the school district.
[Ord. #2004-20, S 1]
Any person found guilty of violating the provisions of this Section shall be subject to a fine for a first offense of twenty-five ($25.00) dollars, and for a second or subsequent offense, a fine of fifty ($50.00) dollars. For a second or subsequent offense, the offending vehicle may be towed and the owner thereof shall be responsible for all costs of towing and storage.
[Ord. #05-2009, S 1]
Only persons using and enjoying the Point Pleasant Community Park on Bridge Avenue, Point Pleasant, New Jersey, and/or conducting business in the municipal building located on Bridge Avenue, Point Pleasant, New Jersey, shall be permitted to park vehicles in the parking lot located in and adjoining the Point Pleasant Community Park.
[Added 10-26-2020 by Ord. No. 2020-11]
a. 
It is hereby established that there shall be a no parking zone on the west side of River Avenue, south of Bridge Avenue, for eighty-five (85) feet south of the intersection.
b. 
There shall be established a no parking zone on the east side of River Avenue, from the southerly curb-line of Bridge Avenue, seventy-five (75) feet to the south thereof.
c. 
The Borough shall install appropriate “No Parking From Here to Corner” signs to be installed on both sides of the roadway.
[Added 10-26-2020 by Ord. No. 2020-11]
a. 
It is hereby established that there shall be a four (4) ton weight limit for trucks parking on Brown Street.
b. 
The Borough shall install appropriate “weight Limit” signs to be installed on both sides of the roadway.
[Added 8-28-2023 by Ord. No. 2023-11]
a. 
Definitions. As used in this Chapter, the following terms, consistent with NJ Statutes and N.J.S.A. 39:1-1, shall have the definitions indicated:
LOW-SPEED ELECTRIC BICYCLE
A two- or three-wheeled vehicle with fully operable pedals and an electric motor of less than 750 watts that meets the requirements of one of the following classifications: "class 1 low-speed electric bicycle," which means a low-speed electric bicycle equipped with a motor that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the bicycle reaches the speed of 20 miles per hour; or "class 2 low-speed electric bicycle," which means a low-speed electric bicycle equipped with a motor that may be used exclusively to propel the bicycle, and that is not capable of providing assistance when the bicycle reaches the speed of 20 miles per hour.
MOTORIZED BICYCLE
A pedal bicycle having a helper motor characterized in that either the maximum piston displacement is less than 50cc. or said motor is rated at no more than 1.5 brake horsepower or is powered by an electric drive motor and said bicycle is capable of a maximum speed of no more than 25 miles per hour on a flat surface or a pedal bicycle having an electric motor that is capable of propelling the bicycle in excess of 20 miles per hour with a maximum motor-powered speed of no more than 28 miles per hour on a flat surface. This term shall not include a Low-Speed Electric Bicycle.
b. 
Operation of Low-Speed Electric Bicycles within the Borough.
1. 
Duties of persons on low-speed electric bicycles.
Any person operating a low-speed electric bicycle shall obey the instructions of official traffic control signals, signs, and other control devices applicable to vehicles, unless otherwise directed by a police officer. Operators of a low-speed electric bicycle shall ride as near to the right-side of the traveled roadway as practicable, exercising due care when passing a standing vehicle or one proceeding in the same direction.
2. 
Lights and reflectors.
Every low-speed electric bicycle shall have reflectors in the front and back. Every low-speed electric bicycle shall, when in use at nighttime, be equipped with a lamp on the front which shall emit a white light visible from a distance of at least 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 500 feet to the rear.
3. 
Audible sound/signal.
No person shall operate a low-speed electric bicycle unless it is equipped with a bell or other device capable of giving a signal audible for a distance of at least 100 feet, except that such low-speed electric bicycles shall not be equipped with, nor shall any person use upon a low-speed electric bicycle any siren or whistle.
4. 
Helmet.
All persons under the age of 17 are required to wear a protective helmet while operating a low-speed electric bicycle.
5. 
Riding on sidewalks and walking paths.
No person over the age of 14 shall operate a low-speed electric bicycle upon a sidewalk within the Borough of Point Pleasant, nor in any location prohibited by signage.
6. 
Reckless or careless riding.
No person shall ride or operate a low-speed electric bicycle in a reckless or careless manner which endangers or is likely to endanger the safety or welfare of themselves or other persons or property. No person operating a low-speed electric bicycle shall attach themselves to any streetcar or vehicle, nor shall the operator of the low-speed electric bicycle allow others to hitch or hold onto an electric bicycle during operation. It shall be prohibited for a person operating a low-speed electric bicycle to allow another person to ride as a passenger, unless the person is carried in a proper seat, trailer or other accessory that complies with current regulations and contains adequate provision for retaining the passenger in place and for protecting the passenger.
7. 
Prohibited locations.
Low-speed electric bicycles, to include any electric powered, gas powered or motorized vehicles, are prohibited from operating within or upon any of the Borough owned property or recreation areas to include the Riverfront Park, Community Park and Heritage Park. Those who have obtained a permit for use of the park or recreational area for a special event where use of such vehicles are authorized, shall be exempt. This shall also not apply to those devices used to increase the independent mobility of an individual who has limited or no ambulation abilities, such as a motorized wheelchair. This also shall not apply to toy electric vehicles, such as power wheels, designed for toddlers, where the maximum speed is less than 3MPH.
8. 
Motorized bicycles.
Motorized bicycles shall only be operated within the Borough of Point Pleasant if properly registered, insured and operated by a licensed operator. Motorized bicycles can only be operated by licensed operators on the roadways in accordance with the New Jersey Motor Vehicle Code. All operators, regardless of age, are required to wear a protective helmet while operating a motorized bicycle.
9. 
Enforcement.
The Point Pleasant Police Department is hereby authorized to promulgate, with the approval of the Borough of Point Pleasant Council, such further rules and regulations concerning the operation, equipment and safety of low-speed electric bicycles as deemed necessary from time to time.
10. 
Registration.
Because of possible involvement in accidents, as well as the possibility of stolen vehicles, all electric bicycles must be properly registered with the Borough Clerk's Office before being utilized on public highways. The Borough Clerk shall have an appropriate notification/registration form available. There will be no charge for registration. However, if failure to properly register, that will be deemed a violation of this section.
11. 
Penalties for violations.
Each person violating any provisions of this section shall, upon first conviction, be liable to a penalty of $50, and upon a second conviction shall be liable to a penalty of $100. No court appearance shall be required for a first or second alleged offense but will be required for a third or subsequent alleged offense.