Definitions. As used in this article, the following terms, consistent
with Title 39 of the New Jersey Statutes Annotated,[1] shall have the following definitions as indicated:
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 cubic centimeters
(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.
Duties of persons on low-speed electric bicycles. Any person
operating a low-speed electric bicycle shall obey the instructions
of official traffic control signals, signs, and other control devices
applicable to vehicles, unless otherwise directed by a police officer.
Operators of a low-speed electric bicycle shall ride as near to the
right side of the traveled roadway as practicable, exercising due
care when passing a standing vehicle or one proceeding in the same
direction.
Lights and reflectors. Every low-speed electric bicycle shall
have reflectors in the front and back. Every low-speed electric bicycle
shall, when in use at nighttime, 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 lamp on the rear which shall emit
a red light visible from a distance of at least 500 feet to the rear.
Audible sound/signal. No person shall operate a low-speed electric
bicycle unless it is equipped with a bell or other device capable
of giving a signal audible for a distance of at least 100 feet, except
that such low-speed electric bicycles shall not be equipped with,
nor shall any person use upon a low-speed electric bicycle, any siren
or whistle.
Reckless or careless riding. No person shall ride or operate
a low-speed electric bicycle in a reckless or careless manner which
endangers or is likely to endanger the safety or welfare of themselves
or other persons or property, including, but not limited to, operating
the bicycle in an inebriated state. No person operating a low-speed
electric bicycle shall attach themselves to any streetcar or vehicle,
nor shall the operator of the low-speed electric bicycle allow others
to hitch or hold onto an electric bicycle during operation. It shall
be prohibited for a person operating a low-speed electric bicycle
to allow another person to ride as a passenger unless the person is
carried in a proper 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.
Prohibited locations. Low-speed electric bicycles, to include
any electric-powered, gas-powered or motorized vehicles, are prohibited
from operating within or upon any of the Borough-owned property or
recreation areas. Those who have obtained a permit for use of the
park or recreational area for a special event where use of such vehicles
is authorized shall be exempt. This shall also not apply to those
devices used to increase the independent mobility of an individual
who has limited or no ambulation abilities, such as a motorized wheelchair.
Motorized bicycles. Motorized bicycles shall only be operated
within the Borough of Bay Head if properly registered, insured and
operated by a licensed operator. Motorized bicycles can only be operated
by licensed operators on the roadways in accordance with the New Jersey
Motor Vehicle Code. All operators, regardless of age, are required
to wear a protective helmet while operating a motorized bicycle.
Enforcement. The Bay Head Police Department is hereby authorized
to promulgate, with the approval of the Borough of Bay Head Council,
such further rules and regulations concerning the operation, equipment
and safety of low-speed electric bicycles as deemed necessary from
time to time.
Registration. All electric bicycles must be properly registered
with the Borough Clerk's office before being utilized on public
highways. The Borough Clerk shall have an appropriate notification/registration
form available. There will be no charge for registration. However,
failure to properly register will be deemed a violation of this section.
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.