[HISTORY: Adopted by the Municipal Council of the Borough of Hawthorne 12-2-2020 by Ord. No. 2263-20.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance repealed former Ch. 407, Skates, Skateboards and Scooters, which consisted of Art. I, Helmets Required, adopted 5-1-1996 by Ord. No. 1639 (Ch. 176, Art. I, of the 1989 Code), as amended 11-13-2000 by Ord. No. 1754; and Art. II, Skateboarding, adopted 6-6-2001 by Ord. No. 1755 (Ch. 176, Art. II, of the 1989 Code)]
Any person under the age of 17 riding upon in-line skates, roller blades, roller skates, skateboards, or scooters or riding a bicycle, or any similar device, on the streets, sidewalks, parks and public property of the Borough of Hawthorne in the County of Passaic and State of New Jersey shall be required to wear a properly fitted and fastened helmet which meets the standards set forth at N.J.S.A. 39:4-10.1 and N.J.S.A. 39:4-10.5, as may be amended from time to time but currently providing for compliance with the standards of the American National Standards Institute (ANSI Z 90.4 bicycle helmet standard), the Snell Memorial Foundation's 1990 Standard for Protective Head Gear for Use in Bicycling, the American Society of Testing and Materials (ASTM standards) or alternatively applicable standard.
A. 
Any person who violates the requirements of this article shall be warned of the violation by the enforcing official, and the parent or legal guardian of this person shall be advised of the warning. Nothing hereunder shall preclude the issuance of a summons, where applicable, under N.J.S.A. 39:4-10.0 or N.J.S.A. 39:4-10.5, respectively.
B. 
The parent or legal guardian may be fined a maximum of $25 for a first offense and a maximum of $50 for each subsequent offense.
C. 
The penalties hereunder may be waived by the Municipal Court Judge if the parent or legal guardian of the violator provides proof to the Court that an approved helmet, as set forth in § 407-1 hereof, has been purchased.
No person shall be permitted to ride upon or utilize skates, skateboards, scooters, bicycles, or similar devices on the public property designated hereunder. Nothing herein, however, shall be deemed to prohibit a person from using any such device from traveling to and from a designated area set forth below.
The prohibition set forth above shall apply to the following specific areas or facilities:
A. 
The Hawthorne Municipal Building and Complex.
B. 
The Louis Bay Second Memorial Library and Complex.
C. 
The steps, railings, walls, and ramps at Jefferson, Roosevelt and Washington Elementary Schools, Lincoln Middle School and the Hawthorne High School Complex.
D. 
The sidewalk along Diamond Bridge Avenue, from the westerly corner of Forest Avenue to the easterly corner of Arlington Avenue, on both sides of the street.
Any person who violates the requirements of this article may be fined a maximum of $25 for a first offense and a maximum of $50 for each subsequent offense.