[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.]
[Amended 8-23-2021 by Ord. No. 24-2021]
As used in this chapter, the following terms shall have the
meanings indicated:
A device having a wheel or wheels with tires 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 device having a wheel or wheels with tires 10 inches or
more in diameter with a frame of plastic, metal, composite, or other
similar material and arranged to be propelled by human power with
assistance from an electric motor. "Electric bicycle" includes unicycles,
tricycles, double bicycles, or other similar devices.
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 6-28-1993 by Ord. No. 20-1993; 8-21-2000 by Ord. No. 9-2000; 8-23-2021 by Ord. No. 26-2021]
No bicycle or electric 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:
A.
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.
B.
In compliance with all traffic laws which apply to bicycles and all
vehicles traffic signs and signals erected for the regulation of traffic.
C.
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.
D.
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.
E.
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.
F.
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.
A.
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:
B.
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.
