The purpose and intent of this chapter is to establish regulations and guidelines for the operation of low-speed electric bicycles and low-speed electric scooters within the Township of Union. It is not primarily intended to penalize individuals who operate electric bicycles or scooters in violation of the provisions contained herein, but rather to educate both children and adults regarding proper and safe riding practices, to ensure their safety and welfare, the safety and welfare of motorists and pedestrians, and to make riding an enjoyable experience.
[HISTORY: Adopted by the Township Committee of the Township of Union 11-10-2025 by Ord. No. 5886. Amendments noted where applicable.]
The provisions of this chapter shall apply to all roadways under the jurisdiction of the Township of Union and subject to regulation by the Township Committee, and all facilities, parks, property and public sidewalks within the Township owned, or under the control or supervision of the Township of Union.
This chapter shall not apply to, nor shall it be construed to regulate, directly or indirectly, in any manner, the use or operation of any powered or motorized wheelchair, medical device, mobility scooter or similar mobility assisting devices designed for use by persons with disabilities, medical conditions or by persons whose ambulatory mobility has been impaired by age or illness.
Nothing in this chapter shall be construed to apply, regulate or prohibit activity that is exempt from, or not subject to, Township regulation pursuant to State law. If any provision of this chapter is inconsistent with the statutes and/or regulations of the State of New Jersey, the State statutes and/or regulations shall prevail. Nothing in this chapter is intended, nor shall be construed, to supersede any applicable State laws.
As used in this chapter, the following words, terms and their derivations shall have the following meanings unless their use in the text of this chapter clearly demonstrates a different meaning:
Shall mean and include 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. This term shall not include: electric personal assistive mobility devices, motorized wheelchairs, mobility scooters or similar mobility assisting devices used by persons with physical disabilities, or persons whose ambulatory mobility has been impaired by age or illness.
Shall mean and include 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. This term shall not include: electric personal assistive mobility devices, motorized wheelchairs, mobility scooters or similar mobility assisting devices used by persons with physical disabilities, or persons whose ambulatory mobility has been impaired by age or illness.
Means and includes 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 or low-speed electric scooter as defined in this chapter.
Means and includes a miniature motor vehicle and includes, but is not limited to, pocket bikes, super pocket bikes, scooters, mini-scooters, sport scooters, mini choppers, mini motorcycles, motorized skateboards and other vehicles with motors not manufactured in compliance with Federal Motor Vehicle Safety Standards and which have no permanent Federal Safety Certification stickers affixed to the vehicle by the original manufacturer. This term shall not include: electric personal assistive mobility devices, motorized bicycles, low-speed vehicles, low-speed electric bicycles, or low-speed electric scooters; or motorized wheelchairs, mobility scooters or similar mobility assisting devices used by persons with physical disabilities, or persons whose ambulatory mobility has been impaired by age or illness.
Means and includes a person who is a foot and who is not operating, seated on, riding, occupying, entering into or alighting from a low-speed electric bicycle, low- speed electric scooter, vehicle or other motor propelled device.
Means and includes any sidewalk owned, controlled or maintained by the Township. The term shall not include sidewalks or walkways on private property in shopping centers, apartment complexes, office building sites or any other private property.
Shall mean and include all buildings, facilities, structures, parks, recreation facilities, playgrounds, athletic fields, beaches, parking lots and other lands and real property owned or under the control or supervision of the Township of Union upon which the public is invited or upon which the public is permitted, including but not limited to any parking area, driveway or drive aisle.
Every person operating a low-speed electric bicycle or low-speed electric scooter upon any roadway shall, independent of this chapter, be granted all the rights and shall be subject to all the duties applicable to the driver of a vehicle pursuant Chapter Four of Title 39 of the New Jersey Revised Statutes and of the Township Code, except as to those provisions thereof which by their nature can have no application to such persons.
A.
Obedience to traffic control devices.
(1)
Any person operating a low-speed electric bicycle or low-speed electric scooter on any Township roadway shall observe and obey all traffic control signals, signs and other control devices in the same manner and to the same extent as required of the operator of a motor vehicle, except and unless otherwise directed by a police officer or exempted pursuant to the provisions of this chapter or official signage.
(2)
Whenever authorized signs are posted indicating that a turning movement is restricted, no person operating a low-speed electric bicycle or low-speed electric scooter shall disobey the direction of any such sign, except where the operator dismounts from the low-speed electric bicycle or low-speed 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 a low-speed electric bicycle or low-speed electric scooter in any direction on any Township roadway, except that permitted of vehicular traffic traveling on the same side of the roadway.
(4)
A person operating a low-speed electric bicycle or low-speed electric scooter on a Township roadway is not required to register the low-speed electric bicycle or low speed electric scooter, furnish proof of insurance, or have a driver's license.
B.
Riding on Township roadways and bicycle paths generally.
(1)
Any person operating a low-speed electric bicycle or low-speed electric scooter upon a Township roadway shall ride as near to the right-hand side of the traveled roadway as practicable under the circumstances, exercising due care when passing a standing vehicle or one proceeding in the same direction.
(2)
No person shall ride or sit as a passenger on a low-speed electric bicycle or low speed electric scooter while the device is in motion on any Township roadway unless there is proper seating for both rider and passenger and each such persons under 17 years of age is wearing a properly fitted and fastened protective helmet.
(3)
Any person operating a low-speed electric bicycle or low-speed electric scooter on a Township roadway shall stop for pedestrians in crosswalks.
(4)
No person operating, riding on or using a low-speed electric bicycle or low-speed electric scooter, or other similar powered device, shall connect or attach themselves, any passenger or the low-speed electric bicycle or low-speed electric scooter on which they are riding to any vehicle upon a Township roadway.
(5)
No person operating or riding on any low-speed electric bicycle or low-speed electric scooter shall tow or pull any object of any kind while such device is in motion on any Township roadway.
(6)
No person shall use a wireless telephone or other electronic communication device while operating a low-speed electric bicycle or low-speed electric scooter on any Township roadway, except when the telephone is a hands-free wireless telephone or the electronic communication device is used hands-free, provided that its placement does not interfere with the operation and the operator exercises a high degree of caution.
(7)
Every person operating a low-speed electric bicycle or low-speed electric scooter on a bike path that is about to enter or cross a roadway shall yield the right-of-way to all traffic on such roadway.
(8)
No person operating a low-speed electric bicycle or low-speed electric scooter on a Township roadway shall carry any package, bundle, or article which prevents the operator from keeping both hands upon the handlebars.
(9)
Any group of two or more persons operating any low-speed electric bicycle or low speed electric scooter shall travel in single file, except and unless the volume of vehicles and traffic conditions are such that side by side travel is safe under the circumstances.
(10)
Whenever a bicycle lane has been established on a Township roadway, any person operating a low-speed electric bicycle or low-speed electric scooter shall ride within the bicycle lane.
C.
No person shall operate, or ride upon a low-speed electric bicycle or low-speed electric scooter as a driver or passenger on any Township roadway, unless that person is wearing a properly fitted and fastened protective helmet.
D.
Operation on sidewalks.
(1)
No person shall use or operate any low-speed electric bicycle, low-speed electric scooter, motorized bicycle, motorized scooter, motor vehicle or any other motor powered or equipped device on any sidewalk within the Township, except that this prohibition is not intended to regulate or prohibit pedestrian activity, nor the use or riding of bicycles and other non-motor equipped wheeled devices that are powered to motion exclusively by human muscle, on the sidewalk.
(2)
Bicycles and other non-motor equipped wheeled devices that are powered to motion exclusively by human muscle shall be permitted on sidewalks within the Township.
(3)
Any person operating a low-speed electric bicycle, low-speed electric scooter, motorized bicycle or motorized scooter upon dismounting from such low-speed electric bicycle, low-speed electric scooter, motorized bicycle or motorized scooter, may stand, walk and travel freely on and about the sidewalk with, and while walking or pushing, a low-speed electric bicycle, low-speed electric scooter, motorized bicycle or motorized scooter.
(4)
The operator of a low-speed electric bicycle or low-speed 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 Township roadway, the user shall yield the right-of-way to all vehicles approaching on the roadway.
E.
Operation on and within Township facilities, fields and property.
(1)
The operation and use of low-speed electric bicycles, low-speed electric scooters, motorized bicycles or motorized scooters on, within or upon any Township Facility, Park and Property, including recreational areas, fields, lawns, trails, grass or pathways owned or controlled by the Township as well as any driveway, parking lot or other paved surface therein, regardless of the surface of such area, is prohibited, except in such areas where explicitly permitted by way of an official Township sign posted at such location.
F.
Parking, generally.
(1)
Low-speed electric bicycles and low-speed electric scooters are permitted to be secured on any bicycle rack located at Township Facilities.
(2)
When available, low-speed electric bicycles and low-speed electric scooters shall be parked in designated, marked, parking areas when on any Township property or facility.
(3)
Low-speed electric bicycles and low-speed 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 and/or low-speed electric bicycles and low-speed electric scooters. No person shall attach or secure a low-speed electric bicycle or low speed electric scooter to any fixed object not suited for electric scooter or electric bicycle parking.
(4)
No person shall leave low-speed electric bicycle or low-speed electric scooter lying on or standing upon a sidewalk in such a manner as to block or impede pedestrians. A person may temporarily leave a low-speed electric bicycle or low speed electric scooter parked on the sidewalk, provided that it does not block or impede the safe and orderly movement of pedestrians upon the sidewalk and provided further that the low-speed electric bicycle or low-speed electric scooter shall be parked to side of the paved surface area.
(5)
No person shall leave or park a low-speed electric bicycle or low-speed electric scooter on or at any Township Property or business or private property within the Township where prohibited by the owner.
(6)
No person shall leave or park a low-speed electric bicycle or low-speed electric scooter in such a manner as to block or impede access, entry or pedestrian travel to or from any Township facility.
(7)
No person shall park a low-speed electric bicycle or low-speed electric scooter upon a street other than upon the roadway against the curb or in a designated bicycle, electric scooter, or electric bicycle parking area in a rack to support the electric scooter or electric bicycle, or against a building or at the curb.
G.
Lamps and equipment. A low-speed electric bicycle or low-speed electric scooter operated during non-daylight hours 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.
H.
No person shall operate a low-speed electric bicycle or low-speed electric scooter on any business or private property within the Township where a sign is posted by the property or business owner prohibiting such use or operation.
I.
Prohibited modifications. Pursuant to Title 39 of the New Jersey Revised Statutes, no person shall tamper with or modify any low-speed electric bicycle or low-speed electric scooter so as to change the motor-powered speed capability or otherwise exceed the maximum speed allowable by law for such device. Notwithstanding any other penalties authorized by law or this chapter, any low-speed electric bicycle or low-speed electric scooter found to have been unlawfully tampered with or modified shall be subject to impoundment in accordance with § 238-52.
A.
A low-speed electric bicycle or low-speed electric scooter may be deemed abandoned by the Township if:
(1)
It has been parked for a period of three or more consecutive calendar days in the same location; or
(2)
It appears visually to be in a state of prolonged disuse such that it has deflated tires, damaged or missing equipment making it inoperable, accumulated leaves and debris associated with it; or
(3)
75% or more of the low-speed electric bicycle or low-speed electric scooter is rusted; or
(4)
It is found in any other condition in which an electric scooter would be deemed abandoned.
B.
The abandonment by any person of any low-speed electric bicycle or low-speed electric scooter within the Township shall be strictly prohibited.
C.
In the event that a low-speed electric bicycle or low-speed electric scooter is deemed to be abandoned by the Township, the Police Department shall have the authority to remove and dispose of the low-speed electric bicycle or low-speed electric scooter if not otherwise removed.
A.
Commercial e-bike operator, registration and license. Any person or business operating commercial e-bikes within the Township must register with the Township and obtain a commercial e-bike operating permit in accordance with procedures and fees established by resolution of the Township Committee consistent with State law. The permit application shall include proof of business identity, vehicle descriptions and evidence of compliance with equipment and safety requirements.
B.
Insurance and indemnity. Commercial e-bike permit holders shall maintain insurance and liability coverage in amounts and forms required by the Township by resolution and consistent with State law and shall provide proof of such coverage as a condition of permit issuance and renewal. Permit holders shall indemnify and hold the Township harmless to the extent permitted by law.
C.
Operator training and identification. Commercial e-bike operators shall complete safety training as required by the Township and shall display on the e-bike or via a digital record-operator identification and the permit number while operating within the Township.
D.
Operational limits. The Township may impose hours of operation, fleet size limits, parking and staging rules and no-ride zones for commercial e-bikes by resolution to address safety, pedestrian flow and public property protection, provided such limits comply with State law.
A.
The provisions of this chapter shall be enforceable by the Township of Union Police Department.
B.
Nothing in this chapter shall be construed preclude, restrict or limit any law enforcement officer from exercising their lawful authority and discretion in the enforcement of this chapter in accordance with the rules and regulations of the Police Department as well as Attorney General's Office and County Prosecutor's Office directives and standard and accepted police practices.
C.
Violations of the provisions of this chapter may be enforced in any lawful manner the Township of Union Police Department may deem appropriate, including but not limited to in accordance with the provisions of this chapter independently and/or in combination with Title 39 of the New Jersey Revised Statutes and other applicable law.
Notwithstanding and in addition to any violations or penalties authorized by law, this chapter or the Township Code, any person found to be in violation of any provision of this chapter shall, upon conviction, be subject to the following:
A.
Operators over 18. Any person 18 years of age or older who operates a low-speed electric bicycle or low-speed electric scooter in violation of this chapter, or who otherwise fails to comply with the requirements of this chapter, shall be shall be subject to a fine of not more than $250 for the first offense, a fine of not more than $500 for the second offense and a fine of not more than $1,000 for a third or subsequent offense.
B.
Operators under 18.
(1)
Upon a first offense, the parent(s) or legal guardian(s) of any person under 18 years of age who operates a low-speed electric bicycle or low-speed electric scooter in violation of this chapter, or who otherwise fails to comply with the requirements of this chapter, shall be subject to a fine of not more than $250 and/or the potential impoundment of the low-speed electric bicycle or low-speed electric scooter for a period of not more than seven days.
(2)
Upon a second offense, the parent(s) or legal guardian(s) of the non-adult offender shall be subject to a fine of not more than $500 and/or the impoundment of the low-speed electric bicycle or low-speed electric scooter for a period of not less than seven days, nor more than 60 days. Any low-speed electric bicycle or low-speed electric scooter impounded by the Township of Union Police Department shall only be releasable to the parent(s) or legal guardian(s) of the non-adult offender.
(3)
Upon a third or subsequent offense, the parent(s) or legal guardian(s) of the non-adult offender shall be subject to a fine of not more than $1,000, and the impoundment of the low-speed electric bicycle or low-speed electric scooter pending a hearing as to the continued impoundment of the low-speed electric bicycle or low-speed electric scooter in accordance with standard practice and procedures. Any low-speed electric bicycle or low-speed electric scooter impounded by the Township of Union Police Department shall only be releasable to the parent(s) or legal guardian(s) of the non- adult offender.
(4)
In the event the Township of Union Police Department cannot determine the name and address of the parent(s) or legal guardian(s) of any person under 18 years of age who violates any of the provisions of this chapter, the low-speed electric bicycle or low-speed electric scooter shall be seized or impounded pending identification and notification of the parent(s) or legal guardian(s), and the non-adult offender shall be summoned to appear at the Township of Union Police Department with his or her parent(s) or legal guardian(s), at which time a summons may be issued to the parent(s) or guardian(s) for the appropriate offense(s). Provided it does not constitute a second or subsequent offense for which the low-speed electric bicycle or low-speed electric scooter would be subject to impoundment, the Township Police Department will arrange for the return of the low-speed electric bicycle or low-speed electric scooter to the parent(s) or legal guardian(s) of the non-adult offender upon the parent(s) or legal guardian(s) responding to Police Headquarters and providing the appropriate identification. In the event the parent(s) or legal guardian(s) of the non- adult offender shall fail to respond within 30 days of the seizure or impoundment of the low-speed electric bicycle or low-speed electric scooter, the Township may proceed in accordance with standard police practices with respect to abandonment, unclaimed property or other appropriate disposition.
(5)
In any instance in which the Police Department deems it necessary to utilize the services of a licensed towing operator to assist with and effectuate an impoundment in accordance with this chapter, any and all fees and costs imposed for the impoundment, storage and removal shall be the responsibility of the parent(s) or guardian(s) of the non-adult offender.