[HISTORY: Adopted by the Board of Commissioners of the Borough of Avon-by-the-Sea 12-8-80 by Ord. No. 22-1980. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- A device having a wheel or wheels with tires ten (10) inches or more in diameter with a frame of plastic, metal or wood or other similar material and arranged to be propelled by human power. "Bicycle" includes unicycles, tricycles, double bicycles and all other similar devices, but does not include toys and other similar items used by small children and ordinarily restricted to sidewalk areas.
- A natural person, firm, business or corporation, and shall include a commercial enterprise which leases or rents bicycles for public use.
Application for a license number stamp and municipal name stamp may be made to the Borough Police Department upon a form provided by the Police Department. The license number stamp and the municipal name stamp shall be issued by the Police Department as herein provided after said bicycle has been inspected by the Police Department and found to be in a safe mechanical condition and proof of ownership of said bicycle has been produced. The licenses shall be permanent until the bicycle is transferred or sold. The license number and name stamped by the Police Department shall be located on the bottom portion of the frame located near the pedals and shall be at all times subject to inspection by any member of the Police Department.
Every person who sells or transfers ownership of a licensed bicycle shall report the sale or transfer to the Police Department, along with the name and address to whom the bicycle has been sold or transferred.
It shall be unlawful for any person to willfully or maliciously remove, destroy, mutilate or alter the license number and/or the municipal name stamped on said bicycle at any time.
All bicycles, when in use in the Borough of Avon-by-the-Sea at nighttime, shall be equipped with a lamp on the front of said bicycle which shall emit a white light, visible from a distance of at least five hundred (500) feet to the front, and with a lamp on the rear which shall emit a red light. In addition to the red lamp, a red reflector may be mounted on the rear, of a type approved by the New Jersey Division of Motor Vehicles, which shall be visible from all distances from fifty (50) feet to three hundred (300) feet to the rear when directly in front of lawful upper beams of head lamps on a motor vehicle.
All bicycles when in use on any public highway, road, street or lane in the Borough of Avon-by-the-Sea, shall carry a suitable alarm bell attached to the handlebar of each machine. No sirens or whistles shall be used.
Every bicycle shall be equipped with a brake which will enable the operator to make the braked wheels skid on dry, level, clean pavement.
[Amended 6-28-93 by Ord. No. 20-1993; 8-21-00 by Ord. No. 9-2000]
No bicycle shall be ridden on any portion of the boardwalk from May 1 to September 15, except between the hours of 12:00 midnight and 9:00 a.m.
Every person operating a bicycle shall, at all times, operate the same in accordance with the following:
With due regard for the safety of other persons and vehicles, lawfully upon the streets, highways, roads or lanes and public places, as well as for his own or her own safety, and shall at all times, under all conditions, yield the right-of-way to pedestrians on the streets, highways, roads or lanes, public places and on all crosswalks.
In compliance with all traffic laws which apply to bicycles and all vehicles traffic signs and signals erected for the regulation of traffic.
The operator shall not ride other than upon a permanent and regular seat attached thereto, nor shall be or she ride with his or her feet removed from the pedals, nor with both hands removed from the handlebars, nor shall be or she practice any trick or fancy riding in a street. No bicycle shall be used to carry more persons at one time than the number for which it is designed and equipped.
Without attaching the bicycle or himself to any vehicle upon a roadway, and no operator of any vehicle shall knowingly allow any person riding upon any bicycle to attach the same or himself to the vehicle.
In compliance with and obedience to all traffic regulations as established by N.J.S.A. 39:4-1 et seq., and the amendments and supplements thereto and all ordinances passed by the Borough of Avon-by-the-Sea as to the regulation of traffic on stop streets, one-way streets and through streets.
Before turning or changing direction upon any street, highway, road or lane and public places, it shall be the duty of the rider to give a signal, by the extension of the hand, to indicate the direction in which it is intended to proceed.
Any police officer may inspect any bicycle at any time if he has reason to believe that there is noncompliance with the requirements of this chapter or a mechanical defect which renders the bicycle unsafe. If a police officer determines that a bicycle is unregistered as required by this chapter or is abandoned, lost or otherwise not in possession of the owner thereof or is so defective or unsafe as to constitute a danger to the safety of the person operating it or to others, he may impound the bicycle immediately. A bicycle that has been impounded shall not be released until the registered owner has given satisfactory proof that any defect or deficiency will be corrected.
When a bicycle is impounded pursuant to the provisions of this chapter, the Police Department shall give notice of such impounding to the owner, if known. After ninety (90) days from the date of impoundment, said bicycle may be sold at public auction. Notice containing a description of the bicycle to be sold and the time of public auction shall be published in the official newspaper of the Borough of Avon-by-the-Sea at least ten (10) days prior to the date of sale. Proceeds of said auction shall be remitted to the Borough Clerk by the Police Department to be used to finance bicycle programs in the Borough.
Any person violating any of the provisions of this chapter shall, upon conviction thereof, be punished by a fine not to exceed fifty dollars ($50) and/or by confiscation of the bicycle as follows:
In addition, in the case of a violation of this chapter by a person under the age of eighteen (18) years, the Chief of Police may issue a written reprimand directed to the parent or guardian of the violator setting forth the particulars of the violation and the requirements for correction or remedying thereof.
All ordinances or parts of ordinances inconsistent with the provisions of this chapter are hereby repealed as to such in consistencies.