The provisions of this article shall apply whenever a bicycle
(including a low-speed electric bicycle and motorized bicycle as defined
herein) is operated upon any street, sidewalk, public way, park or
any other public property within the City of Hackensack, subject only
to those exceptions stated in this article or as provided by New Jersey
law. Unless otherwise specified, all of the provisions of this article
shall apply equally to bicycles, low-speed electric bicycles and motorized
bicycles.
As used in this article, the following terms shall have the
meanings indicated:
A two-wheeled vehicle having a rear drive that is solely
human-powered and having a seat height of 25 inches or greater when
the seat is in the lowest adjustable position. For purposes of this
article, the term "bicycle" shall also encompass a device that has
one, three or four wheels (unicycle, tricycle or quadracycle) that
has a saddle or seat or seats, and is propelled by human power, via
pedals.
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.
A pedal bicycle having a helper motor characterized in that
either the maximum piston displacement is less than 50 cc or said
motor is rated at no more than 1.5 brake horsepower or is powered
by an electric drive motor and said bicycle is capable of a maximum
speed of no more than 25 miles per hour on a flat surface, or a pedal
bicycle having an electric motor that is capable of propelling the
bicycle in excess of 20 miles per hour with a maximum motor-powered
speed of no more than 28 miles per hour on a flat surface. This term
shall not include a low-speed electric bicycle as defined in this
section. A motorized bicycle is also commonly referred to as a "moped."
Every person operating a bicycle on a roadway or other area
subject to the City's jurisdiction 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 New Jersey and the traffic provisions of
the City 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 that by their nature are inapplicable to such
persons.
A.
Obedience to traffic control devices.
(1)
Any person operating a bicycle 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 a bicycle shall disobey the direction
of any such sign; except where that person dismounts from the bicycle
to make the turn, in which event such person shall then obey the regulations
applicable to pedestrians.
(3)
No person shall ride or operate a bicycle in any direction except
that permitted of vehicular traffic traveling on the same side of
the roadway.
(4)
Any person operating a bicycle shall stop for pedestrians in crosswalks.
(5)
Helmets shall be worn in accordance with the requirements of New
Jersey law.
B.
Riding on roadways and bicycle paths generally.
(1)
Every person operating a bicycle 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 bicycles upon a roadway shall not ride more than two
abreast, except on paths or parts of roadways set aside for the exclusive
use of bicycles.
(3)
Whenever a bicycle lane has been established on a roadway, any person
operating a bicycle upon the roadway at a speed less than the normal
speed of traffic moving in the same direction shall ride within the
bicycle lane, except that such person may move out of the lane under
any of the following situations:
(a)
Whenever overtaking or passing another bicycle, vehicle or pedestrian
within the lane or about to enter the lane if such overtaking and
passing cannot be done safely within the lane.
(b)
When preparing for a turn at an intersection or into a private
road or driveway.
(c)
When reasonably necessary to leave the bicycle lane to avoid
debris or other hazardous conditions.
D.
Speed restrictions. No person shall operate a bicycle at a speed
greater than is reasonable and prudent under the condition then existing.
E.
Yielding right-of-way from bicycle path or sidewalks. Every person
riding a bicycle on a bike path or sidewalk that is about to enter
or cross a roadway shall yield the right-of-way to all traffic on
such roadway.
F.
Leaving bicycle lanes. No person operating a bicycle shall leave
a bicycle lane until the movement can be made with reasonable safety
and then only after giving an appropriate signal.
G.
Motor vehicles in bicycle lanes. Whenever a bicycle lane has been
established on a roadway, any person operating a motor vehicle on
such a roadway shall not drive or park in the bicycle lane except
for the purposes of performing a parking maneuver where parking is
permitted, to enter or leave the roadway, or to maneuver around a
parked vehicle impeding traffic flow.
H.
Bicycles emerging from alleys or driveways; yielding right-of-way.
The operator of a bicycle emerging from an alley, driveway, or building
shall, upon approaching a sidewalk area extending across any alleyway
or driveway, yield the right-of-way to all pedestrians approaching
on the sidewalk or sidewalk area. Upon entering the roadway the operator
shall yield the right-of-way to all vehicles approaching on the roadway.
I.
Clinging to vehicles prohibited. No person riding upon any bicycle
shall attach the same or himself to any streetcar or vehicle upon
a roadway.
J.
Riding on sidewalks.
(1)
No person over the age of 12 shall ride a bicycle upon a sidewalk.
No person shall ride a low-speed electric bicycle or motorized bicycle
on a sidewalk at any time.
(2)
Children aged 12 and below may ride a bicycle upon a sidewalk at
the discretion and under the direct supervision of a parent or guardian.
(3)
A City law enforcement officer at his/her discretion may move bicycle
traffic onto a City sidewalk due to an emergent public safety matter.
K.
Carrying articles. No person operating a bicycle shall carry any
package, bundle, or article that prevents the rider from keeping at
least one hand upon the handlebars.
L.
Lamps and equipment on bicycles.
(1)
Bicycles 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 and with a red reflector on the rear of
a type which shall be visible from 50 feet to 300 feet to the rear.
A lamp emitting a red light visible from a distance of 500 feet to
the rear may be used in addition to the red reflector.
(2)
A bicycle shall not be equipped with, nor shall any person use, any
siren or whistle upon a bicycle.
(3)
Bicycles shall be equipped with a brake which will enable the operator
to make the braked wheel skid on dry, level, clean pavement.
(4)
Bicycles may be equipped with a bell or horn to serve as audible
signal for the purposes of overtaking and passing any pedestrian or
other bicycles.
M.
Bicycle parking, generally. No person shall park a bicycle upon a
street other than upon the roadway against the curb or in a designated
bicycle parking area or upon the sidewalk in a rack to support the
bicycle, or against a building or at the curb in such manner as to
afford the least obstruction to pedestrian traffic. No person shall
leave a bicycle lying on or standing upon the sidewalk in such a manner
so as to hinder or impede pedestrians.
N.
Bicycle racks.
(1)
Bicycles are permitted to be secured to any bicycle rack installed
by the City for up to seven consecutive calendar days without being
utilized.
(2)
Bicycles may be attached or secured to a bicycle rack with a U-lock,
chain lock, or any other type of lock that is made specifically for
bicycles. No person shall attach or secure a bicycle to any fixed
object not suited for bicycle parking that is located on public property
and/or the right-of-way, including, but not limited to, trees or other
vegetation, parking meters, utility poles, and traffic signs. In the
event of a violation of this provision, the offending bicycle may
be immediately removed and impounded.
O.
Abandonment.
(1)
A bicycle may be deemed abandoned by the City if:
(a)
It has been parked for a period of eight or more consecutive
calendar days in the same location on a public street, sidewalk, park
or other area under the City's jurisdiction; or
(b)
It appears visually to be in a state of prolonged disuse such
that it has deflated tires, a rusted chain, accumulated leaves and
debris associated with it, bent or missing wheels, bent handlebars,
or other missing parts; or
(c)
Seventy-five percent or more of the bicycle is rusted; or
(d)
It is found in any other condition in which a bicycle would
be deemed to be abandoned.
(2)
It shall be unlawful for any person to abandon any bicycle within
the City.
(3)
In the event that a bicycle is deemed to be abandoned by the City,
it shall place an abandoned bicycle notice, in the form of an adhesive
sticker, on the bicycle itself to notify the owner that said bicycle
is deemed to be abandoned pursuant to this subsection and that it
will be removed and disposed of if not moved. The notice in the form
of an adhesive sticker shall contain the following information:
(4)
Once an abandoned notice sticker has been placed on a bicycle, the
owner of the bicycle shall have seven calendar days as set forth on
the notice sticker to remove the bicycle from the location. If it
is not removed within the 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 law.
P.
No person shall ride a low-speed electric bicycle or motorized bicycle
within a public park, and a rider must dismount the bicycle and walk
it, if necessary, to traverse the park to reach his or her desired
destination. The City Manager is authorized to designate specific
bicycle paths or public pathways that may be excluded from this prohibition.
Q.
No person shall operate a bicycle while wearing more than one earphone.
R.
Commercial use of bicycles.
(1)
If a person delivers packages, parcels, papers, or articles of any
type by bicycle on behalf of a business or other entity and is compensated
by such business or entity for doing so, that person is deemed to
be using a bicycle for commercial purposes.
(2)
Bicycles being used for commercial purposes shall not be stored,
loaded, or unloaded on any sidewalk, or operated in such a manner
as to block or encumber the safe passage of pedestrians or limit access
to adjacent buildings.
(3)
The business or entity employing any a person using a bicycle for
commercial purposes shall be jointly and severally responsible for
that person's compliance with all of the provisions of this article.
A.
This article shall be enforced by the Police Department, and such
other employees, officers or agents of the City that may be designated
by the City Manager.
B.
Temporary impoundment. If the operator of a bicycle, after being
cited for a violation of this article or of any applicable provision
of N.J.S.A. Title 39, or after receiving a warning in lieu of same,
gives reason to believe that he or she will continue to operate the
bicycle in an unsafe manner, said bicycle may be temporarily impounded
at a location to be designated by the City Manager. The bicycle's
owner, or, if the bicycle's owner is younger than 18 years of
age, his or her parent or guardian, may retrieve the bicycle from
impoundment upon payment of a storage fee of $1.
