It shall be unlawful for any person to operate
any motorized vehicle. including automobiles, motorcycles, minibikes
or any other motor vehicle upon any public property in the Township,
including but not limited to sidewalks, school grounds, recreation
areas, and the bicycle path on the former Freehold-Jamesburg Agricultural
Railway right-of-way from the Manasquan-Wall Township boundary to
the Howell Township-Wall Township-Wall boundary.
[Added 5-10-2023 by Ord. No. 5-2023]
A. Prohibited vehicles.
(1) Any motorized bicycle with an electric motor greater than 750 watts
is not to be considered a "low-speed" motorized bicycle ("LSMB") and
shall be effectively prohibited from operation in the Township of
Wall, unless such vehicle is specifically authorized by the New Jersey
Motor Vehicle Code, and is properly registered, insured, and operated
by a licensed operator.
B. Motorized bicycle rules and regulations.
(1) Rights and duties of persons on low-speed motorized bicycle. Every
person riding a LSMB upon a roadway shall obey the instructions of
official traffic control signals, signs and other control devices
applicable to vehicles, unless otherwise directed by a police officer.
(2) Helmet. Persons are not permitted to operate a LSMB unless they wear
a protective helmet.
(3) Passengers. It shall be prohibited for a person operating a LSMB
to allow another person to ride as a passenger, unless the person
is carried in a proper bike seat, trailer or other accessory that
complies with current regulations and contains adequate provision
for retaining the passenger in place and for protecting the passenger.
The passenger shall also be required to wear a properly fitted and
fastened helmet pursuant to N.J.S.A. 39:4-10.1.
(4) Lights and reflectors. When in use during nighttime, every LSMB shall
be equip with:
(a)
A front headlamp emitting a white light visible from a distance
of at least 500 feet to the front;
(b)
A rear lamp emitting a red light visible from a distance of
at least 500 feet to the rear;
(c)
In addition to the red lamp, a red reflector shall be mounted
on the rear;
(5) Audible signal. A LSMB must be equip with a bell or other audible
device that can be heard at least 100 feet away. However, the LSMB
shall not be equipped with a siren or whistle.
(6) Hitching on vehicle prohibited. No person operating a LSMB shall
attach themselves to any streetcar or vehicle. Nor shall the operator
of the LSMB knowingly permit any passenger to do the same.
(7) Feet and hands on pedals and handlebars. All operators of a LSMB
shall keep their feet on the pedal and both hands on the handlebars
at all times. It shall be prohibited to practice or perform any trick
or fancy driving.
(8) Operating regulations. Every person operating a LSMB on a roadway
shall ride as near to the right side as practicable, exercising due
care when passing a standing vehicle or one proceeding in the same
direction. An operator of a LSMB may move left under any of the following
conditions:
(a)
To make a left turn from a left turn lane or pocket;
(b)
To avoid debris, drains, or other hazardous conditions on the
right;
(c)
To pass a slower moving vehicle;
(d)
To occupy any available lane when traveling at the same speed
as other traffic;
(9) Prohibited locations. No person over the age of 14 shall ride a LSMB
upon a sidewalk within Wall Township, nor in any location where it
is prohibited by sign.
(10)
Carrying items. No person operating a LSMB shall carry any package,
bundle or article which prevents the rider from keeping both hands
upon the handlebars.
(11)
Parking. No person shall park a LSMB upon a street except where
an appropriate rack or spots are provided. All LSMB, when parked on
sidewalks, shall be parked only in such manner as not to obstruct
or impede the normal movement of pedestrian or other traffic or access
to adjacent buildings.
(12)
Speed. No person shall operate a LSMB at speeds faster than
are reasonable or proper, which in no case shall be in excess of legal
speed limits, unless participating in an officially sponsored or sanctioned
rally or road race. In no event shall speed of operation exceed 20
miles per hour.
(13)
Reckless or careless riding. No person shall ride a LSMB in
a reckless or careless manner which endangers or is likely to endanger
the safety or welfare of other persons or property.
C. Enforcement. The Police Department is hereby authorized to promulgate,
with the approval of the Township Committee, such further rules and
regulations concerning registration, operation, equipment and safety
of LSMB as deemed necessary from time to time.
D. Business regulations.
(1) All persons and businesses who own, rent, hire or lease LSMB in Wall
Township for the delivery of items in commerce, such as messages,
parcels, food and/or other merchandise or goods, or for the delivery
of items in commerce destined for the Township of Wall:
(a)
Shall keep each LSMB in a safe operating condition, and shall
advise the persons using said LSMB of the regulations for use in Wall
Township;
(b)
Shall post a copy of this chapter in a conspicuous place where
said bicycles are kept, rented, hired or leased, if such location
is within the Township of Wall; and
(c)
Shall ensure that any employee, agent, or contractor, while
utilizing LSMB for hire by, for or on behalf of such person or business,
shall wear a reflective vest, and have affixed a tag, license, decal
or marking affixed to LSMB clearly identifying such LSMB as being
operated for hire by, for or on behalf of such person or business.
(2) For the purposes of this section, to "hire" includes persons or businesses
whose employees or agents utilize LSMB to deliver their messages,
parcels, food and/or other merchandise or good during the time such
LSMB are being used for such purpose, whether or not such LSMB are
owned, leased or rented by the person or business.
(3) A persons' or businesses' failure to comply with this section
shall be considered a violation of this section.
(4) Any violation of this section by an operator of a LSMB while in the
hire of a person or business shall be considered a separate violation
of this section by such person or business.
E. Registration requirement.
(1) All persons and businesses who own, rent, hire or lease LSMB in Wall
Township for the delivery of items in commerce, such as messages,
parcels, food and/or other merchandise or goods, shall maintain proper
registration tags and licenses for each LSMB issued by the Police
Department.
(2) All persons and businesses who rent, hire or lease LSMB in Wall Township
for the delivery of items in commerce destined for the Township of
Wall, but that are not located within the Township, shall comply with
any municipal registration requirements applicable to LSMB that may
be in force in the location where such business or person's business
is based.
(3) A person's or businesses' failure to comply with this section
shall be considered a violation of this section.
(4) Any violation of this section by an operator of a LSMB while in the
hire of a person or business, shall be considered a separate violation
of this section by such person or business.
F. Penalties for violations. Each person violating any provisions of this section shall, upon first conviction, be liable to a penalty of $50, and upon a second conviction shall be liable to a penalty of $100. No court appearance shall be required for a first or second alleged offense, but will be required for a third or subsequent alleged offense. Any third or subsequent conviction shall be liable to the penalty as stated in Article §
1-1.