[HISTORY: 1968 Code Chapter 9 §§ 9-1 —
9-4 as amended through 12-28-2015. Amendments noted where applicable.]
The bicycle and pedestrian path constructed pursuant to Federal
Grant Project No. STP-000S-L-858, extending from Cresse Avenue to
Rambler Road in the Borough of Wildwood Crest.
Any motorized mode of transportation specifically intended
for use by individuals with mobility related disabilities as further
described in applicable ADA regulations.
A platform or board with rollerskate wheels or other similar
wheels affixed to the underside, designed to be ridden on by a person
or persons which has no steering device or mechanism to steer or to
control the direction thereof while being ridden or used, even though
the direction may be controlled to some degree by shifting of the
feet or weight of the rider during such use.
A.
It
shall be unlawful for any person to use, operate or ride upon any
skateboard on the bicycle and pedestrian path as defined herein extending
from Cresse Avenue to Rambler Road.
B.
It
shall be unlawful for any person to use, operate or ride upon any
motorized bicycle or any other type of motor-driven vehicle or device,
with the exception of motorized personal mobility transportation devices,
on the bicycle and pedestrian path as defined herein.
C.
It
shall be unlawful for any person to use, operate or ride upon any
non- motorized wheeled transportation larger than four feet wide and
11 feet long on the bicycle and pedestrian path as defined herein.
D.
It
shall be unlawful for any person to distribute in any manner materials
known as throwaways, handbills and circulars, or any materials of
a similar nature, or to solicit for business in any manner, upon the
bicycle and pedestrian path as defined herein.
A.
Enforcement.
Any police officer of the Borough of Wildwood Crest who shall observe
any person(s) using, operating or riding upon a skateboard in violation
of this section shall take possession of the skateboard. In the case
of a first violation of this section, a warning may be issued in the
discretion of the police officer observing the violation. In the case
of a first violation, the skateboard shall be released to the person
from whom it was seized, or to the parent or guardian of that person
if that person is a minor. The issuance of warnings and enforcement
with respect to the question of possession of the skateboard shall
in no way limit or bar any police officer from issuance of a summons
and complaint for violations hereof.
Upon conviction of a violation of this section, violators shall
be subject to fines and penalties as set by and in the sole discretion
of the Municipal Judge in accordance with New Jersey Statutes.
B.
Violations
and penalties. Any person, firm or corporation violating any provisions
of this chapter shall, upon conviction thereof, pay a fine of not
more than $1,000 for each offense, or be imprisoned in the county
jail for a term not exceeding 60 days, or both, and each day that
such violation shall continue shall be deemed a separate offense.
In the event of a seizure of a skateboard or the issuance of
a written warning, the minor and/or parent or guardian of the minor
shall have a right to an appeal to the Mayor or to the Mayor's
designee, the Chief of Police. The appeal must be submitted in writing
within 20 days of the action to be appealed. The decision of the Mayor
or the Chief of Police as designee, shall be final as an administrative
order.
