City of Plainfield, NJ Pedalcycles

No person shall ride or propel a pedalcycle on any street or any public highway or on any public property unless such pedalcycle shall have been licensed and a license tag shall have been attached to the frame, in a conspicuous location.

Except that a pedalcycle that has been licensed by any other municipality of the State of New Jersey and carries a license tag shall be considered a licensed pedalcycle within the meaning and purpose of this article.

The word "person" in this ordinance shall be deemed to apply to an individual, firm, partnership, or corporation, whichever application is appropriate and conducive to the enforcement of this section.

§ 16:26-4 Inspection of pedalcycles.

The City Administrator shall designate certain employees of the City to inspect every pedalcycle before issuing a license and shall refuse a license for any pedalcycle found to be in an unsafe condition and which does not comply with the requirements of the Statutes of New Jersey now in force or hereafter enacted.

Any member of the Police Division may inspect any pedalcycle on any street, public highway or public place at any time to ascertain whether or not it has a registration tag properly displayed on it, or whether the pedalcycle is in proper mechanical condition.

§ 16:26-5 Issuance of license and tag; expiration. [1]

Every owner or operator of a pedalcycle shall make application to the City Administrator or his designee for a pedalcycle license and a license tag, which license and tag shall remain in force and effect until change of ownership of such pedalcycle when a new license and tag shall be required. In the event a license tag is lost or mutilated, application shall be made for a new tag forthwith.

It shall be the duty of any person who purchases or otherwise acquires a new or second-hand pedalcycle immediately to apply for a license. Proof of ownership should be presented when applying for a license.

The Police Division shall keep a record of such registration.

(d)

All persons who change their addresses will be required to notify the Police Division of Address Change within seven (7) days.

(e)

All pedalcycles licensed must have a serial number. If there is no serial number, one will be affixed on the frame. A record will be kept of any attempt to alter or mutilate numbers.

[1]

Editor's Note: As to fees, see Article 17 of Chapter IX.

§ 16:26-6 Regulation of sales, transfers and rentals.

All persons engaged in the business of buying second-hand pedalcycles are hereby required to make a report to the Police Department of the purchase, giving the name and address of the person from whom each pedalcycle is purchased, the description of each pedalcycle purchased, the frame and-or serial number thereof, and the number of the license plate found thereon, if any.

All persons engaged in the business of selling new or second-hand pedalcycles are hereby required to make a report to the Police Division, giving a list of all sales made, which shall include the name and address of each person to whom a pedalcycle is sold, the kind of pedalcycle, together with a description and the frame and-or serial number thereof and the number of the license tag attached thereto, if any. Such reports shall be made within twenty-four hours from the date of sale.

It shall be the duty of every person who sells or transfers ownership of a pedalcycle to report such sale or transfer to the Police Division, together with the name and address of the person to whom the pedalcycle was sold or transferred. Such report shall be made within three days of the date of the sale or transfer. The purchaser shall secure a license and registration tag in the manner provided by this article before operating such pedalcycle.

(d)

All persons, firms, partnerships or corporations who rent, hire or loan pedalcycles shall comply with the terms of this ordinance with reference to obtaining licenses and registration tags.

§ 16:26-7 Operation regulations.

No operator of a pedalcycle shall leave a pedalcycle lying or standing upon a sidewalk or street in a manner that will hinder or impede pedestrian or vehicular traffic, but the operator shall place the pedalcycle so as to avoid annoyance and danger of accident during absence of the operator and shall chain and lock the pedalcycle when unattended.

It shall be unlawful for any person riding a pedalcycle to hold on to any other moving vehicle, or to coast with both feet off pedals, or to race, or to do tricks, or to transport any other person on a pedalcycle built for one person or transport any items, which would otherwise impede the safe operation of the pedalcycle, or to ride upon surfaces deemed to be unsafe for such pedalcycle.

No person shall ride or operate any pedalcycle on any sidewalk, except in residential sections, and then only when the sidewalk is not being used by pedestrians.

(d)

Every person riding a pedalcycle upon a street 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 of the Revised Statutes of State of New Jersey and all supplements thereto except as to those provisions thereof which by their nature can have no application.

§ 16:26-8 Penalties.

Any person under the age of seventeen (17) who violates any provision of the Ordinance is subject to the following:

First Offense: Reprimand in writing by the Police Division. The letter shall be addressed to parents or guardians of the offender. It will state the nature of the violation and a warning that if repeated, or if any other violation is committed, the registration certificate will be suspended for a designated period of time during which the offender cannot ride the pedalcycle on the streets or sidewalks of the City.

Second Offense: If committed within a year of first violation, the offender will be summoned to appear with his parents at Police Headquarters. A parent or guardian must accompany him. After a hearing on the violation, if, in the discretion of the Chief or his representative, it is decided that punishment is in order, the pedalcycle may be impounded for not more than fourteen (14) days. Parental approval of this measure is desirable, but the Chief's decision prevails as to the impounding of the pedalcycle. At the end of the period, the pedalcycle is surrendered to the parent or guardian. An impoundment of twenty-five cents ($.25) per day will be charged.

Impounding at time of offense:

Any police officer who, in his opinion, determines that a pedalcycle should be impounded at the time of the offense, shall have the right to effect such impoundment. Pedalcycle will not be returned until a hearing with parent or guardian, as related in hearing for second offense.