[Added 11-15-2004 by Ord.
No. 26-2004; amended 9-20-2022 by Ord. No. 40-2022; 7-5-2023 by Ord. No. 32-2023]
No person shall drive a pocket bike on any public street, road,
highway or property in the City of Orange Township.
Any person found violating Section 200-69 above shall cause the following to occur:
A.
The pocket bike may be subject to confiscation by the local authorities
and subject to a fine of not less than $200 or more than $1,000, or
fifteen (15) hours of community service
Pocket bike shall be defined as any vehicle powered by two-strobe
gas engines or electric motors that can be recharged by plugging them
into wall sockets. Furthermore, they can be scaled down motorcycle
type vehicles which fail to meet certain safety regulations such as
headlight height from the ground, taillights, brake lights, etc.
The provisions of this Article shall apply whenever an electric
scooter is operated upon any street or upon any public way within
the City of Orange, subject only to those exceptions stated in this
Article. Where the provisions of this Article concerning electric
scooters contradict and/or overlap with any state laws, the state
law shall govern.
As used in this Article, the following terms shall have the
meanings indicated:
Means a two or three-wheeled vehicle with fully operable
pedals and an electric motor of less than 750 watts, that meets the
requirements of one of the following classifications: "class 1 low-speed
electric bicycle" which means a low-speed electric bicycle equipped
with a motor that provides assistance only when the rider is pedaling,
and that ceases to provide assistance when the bicycle reaches the
speed of 20 miles per hour; or “class 2 low-speed electric bicycle''
which means a low-speed electric bicycle equipped with a motor that
may be used exclusively to propel the bicycle, and that is not capable
of providing assistance when the bicycle reaches the speed of 20 miles
per hour.
[Added 7-5-2023 by Ord. No. 32-2023]
A scooter with a floorboard that can be stood upon by the
operator, with handlebars, and an electric motor that is capable of
propelling the device with or without human propulsion at a maximum
speed of less than 19 miles per hour.
Any electric scooter owned and operated by a private individual.
Any electric scooter owned by a company permitted to offer
publicly accessible electric scooters through a pay-per-ride or subscription
program.
Any person who is operating an electric scooter.
Every person riding an electric scooter upon a roadway shall
be granted all the rights and shall be subject to all the duties applicable
to the driver of a vehicle by the laws of this state and the traffic
provisions of this Code applicable to the driver of a vehicle, except
as to special regulations in this article and except as to those provisions
of laws and ordinances which by their nature are inapplicable to such
persons.
A.
Obedience to traffic control devices.
(1)
Any person operating an electric scooter shall obey the instructions
of official traffic control signs, and other control devices applicable
to vehicles, unless otherwise directed by a police officer.
(2)
Whenever authorized signs are erected indicating that a turning
movement is restricted, no person operating an electric scooter shall
disobey the direction of any such sign, except where that person dismounts
from the electric scooter to make the turn. In which event such person
shall then obey the regulations applicable to pedestrians.
(3)
No person shall ride or operate an electric scooter in any direction
except that permitted of vehicular traffic traveling on the same side
of the roadway.
(4)
Any person operating an electric scooter shall stop for pedestrians
in crosswalks.
B.
Riding on roadways generally.
(1)
Every person operating an electric scooter upon a roadway shall
ride as near to the right-hand side of the roadway as practicable,
exercising due care when passing a standing vehicle or a vehicle proceeding
in the same direction, unless an exclusive bicycle lane is provided.
(2)
Persons riding an electric scooter upon a roadway shall not
ride more than two abreast except on paths of parts of roadways set
aside for the exclusive use of bicycles.
C.
User age restrictions. No person younger than 17 shall operate an
electric scooter.
D.
Manner of riding an electric scooter. No electric scooter shall be
used to carry more persons at one time than the number for which it
is designed and equipped.
E.
Speed restrictions. No person shall operate an electric scooter at
a speed greater than is reasonable and prudent under the condition
then existing provided it does not exceed 18 miles per hour.
F.
Electric scooters emerging from alleys or driveways; yielding right-of-way.
The operator of an electric scooter emerging from an alleyway, driveway,
or building shall, upon approaching a sidewalk area extending across
any alleyway or driveway, yield the right-of-way to all pedestrians
or bicyclists approaching on the sidewalk or sidewalk area. Upon entering
the roadway, the user shall yield the right-of-way to all vehicles
approaching on the roadway.
G.
Clinging to vehicles prohibited. No person riding upon an electric
scooter shall attach the same or himself to any streetcar or vehicle
upon a roadway.
H.
Riding on sidewalks.
(1)
No person shall ride an electric scooter upon a sidewalk, which
is defined in N.J.S.A. 39:1-1 as "that portion of a highway intended
for the use of pedestrians, between the curb line or the lateral line
of a shoulder, or if none, the lateral line of the roadway and the
adjacent right-of-way line."
(2)
Any person traveling with an electric scooter on the sidewalk
shall dismount before entering the prohibited areas and walk the electric
scooter along the sidewalk.
(3)
No person shall start or stop riding an electric scooter on
the sidewalk.
I.
Carrying articles. No person operating an electric scooter shall
carry any package, bundle, or article which prevents the user from
keeping both hands upon the handlebars.
J.
Lamps and equipment on electric scooters.
(1)
Electric scooters in use at nighttime shall be equipped with
a lamp on the front which shall emit a white light visible from a
distance of at least 500 feet to the front with a lamp emitting a
red light visible from a distance of 500 feet to the rear.
(2)
An electric scooter shall not be equipped with, nor shall any
person use, any siren or whistle upon an electric scooter.
(3)
Electric scooters shall be equipped with a brake which will
enable the operator to make the braked wheel skid on dry, level, clean
pavement.
(4)
Electric scooters shall be equipped with a bell or other audible
signal for the purposes of overtaking and passing any pedestrians,
bicycles, or other electric scooters.
(5)
Electric scooters shall be equipped with a kick stand to prevent
them from toppling over when parked.
K.
Electric scooter parking, generally.
(1)
Electric scooters are permitted to be secured at the bicycle
racks in the City for up to seven consecutive days without being utilized.
(2)
Electric scooters shall be parked in designated electric scooter
parking areas if they are available and advertised as such by either
signage, pavement markings, or racks.
(3)
Electric scooters may be attached or secured to the bicycle
rack with a U-lock, chain lock, or any type of lock made specifically
for bicycles. No person shall attach or secure an electric scooter
to any fixed object not suited for electric scooter parking. No person
shall leave an electric scooter lying on or standing upon the sidewalk
in such a manner as to hinder or impede pedestrians.
L.
Abandonment of electric scooters, generally.
(1)
An electric scooter may be deemed abandoned by the City if:
(a)
It has been parked for a period of seven or more consecutive
calendar days in the same location; or
(b)
It appears visually to be in a state of prolonged disuse such
that is has deflated tires, damaged or missing equipment making it
inoperable, accumulated leaves and debris associated with it; or
(c)
75% or more of the electric scooter is rusted; or
(d)
It is found in any other condition in which an electric scooter
would be deemed abandoned.
(2)
It shall be unlawful for any person to abandon any electric
scooter within the City.
(3)
In the event that an electric scooter is deemed to be abandoned
by the City's Department of Public Works and/or Police Department,
the Department of Public Works and the Police Department shall have
the authority to place an abandoned electric scooter notice, in the
form of an adhesive sticker, on the electric scooter itself to notify
the owner that said electric scooter is deemed to be abandoned pursuant
to this subsection and that it will be removed and disposed of if
not removed.
(4)
The notice in the form of an adhesive sticker shall state the
following:
(5)
Once an abandoned notice sticker has been placed on the electric
scooter, the owner of the electric scooter shall have 14 calendar
days as set forth on the notice sticker to remove the electric scooter
from the location. If it is not removed within the fourteen-calendar-day
notice period as provided on the sticker, it may thereafter be removed
from its location by any means necessary and disposed of by the City
in accordance with the law.
M.
Shared electric scooter rental restriction. The shared electric scooter
user shall be the same person who made the rental reservation. No
person shall rent a shared electric scooter for another user.
N.
Electric scooter charging. No electric scooter battery shall be recharged
in the public right-of-way without prior written authorization from
the City.
O.
Electric scooter disposal. All electric scooters shall be disposed
of in a manner in accordance with state and federal regulations as
they relate to hazardous materials disposal.
Q.
Scooters shall not be operated within public parks, and riders must
dismount from the scooter and walk it if necessary to traverse the
park to reach their desired destination.
[Added 7-5-2023 by Ord. No. 32-2023]
A.
No person
shall charge or store electric bicycles or electric scooters inside
any City owned buildings. This section shall not prohibit the use
of electric bicycles and electric scooters outside of City owned buildings.
[Amended 7-5-2023 by Ord. No. 32-2023]
B.
If the offense is for riding on a sidewalk in violation of § 200-71.4H; failing to obey traffic control devices in violation of § 200-71.4A(1); riding in any direction other than the direction permitted for vehicular traffic in violation of § 200-71.4A(3); or carrying more persons at one time than the number for which the vehicle is equipped in violation of § 200-71.4D, the penalty for the first offense shall be $20; the penalty for the second offense shall be $100; the penalty for the third offense shall be $500; and the penalty for the third offense shall be $800.
