[Adopted 9-13-2006 by Ord. No. 2006-015]
The purpose of this article is to provide for
the safety, health and general welfare of the residents of the Township
of West Milford and the users of the streets and sidewalks of the
Township of West Milford. By enacting this article, the Township seeks
to prevent personal injury and property damage as a result of the
use of bicycles, skates, skateboards, and scooters within the Township.
The listed words shall, for the purposes of
this article, have the following meanings:
BICYCLE
A vehicle with two wheels propelled solely by human power
and having pedals, handlebars and a saddle-like seat. The term shall
include a bicycle for two or more persons, having seats and corresponding
sets of pedals arranged in tandem.
HELMET
Protective headgear which meets the standards of the American
National Standards Institute (ANSI Z90.4, Bicycle Helmet Standard),
Snell Memorial Foundation's 1990 Standard For Protective Headgear
For Use In Bicycling, the American Society for Testing and Materials
(ASTM) standard or other such standard, as appropriate.
IN-LINE SKATES
A pair of devices worn on the feet with at least two or more
wheels attached, which wheels are in tandem and which devices are
used to glide and propel the user over the ground.
SCOOTER
A device propelled by muscular power, which consists of a
footboard between end wheels and is controlled by an upright steering
handle attached to a front wheel.
SKATEBOARD
A device propelled by muscular power which consists of a
footboard between end wheels.
No person under the age of 17 shall operate
any bicycle, scooter, skateboard or use in-line skates on any public
roadway, rights-of-way, sidewalks, parklands or any other property
open to the public located within the Township of West Milford and
which property may or may not be owned by the Township of West Milford,
including a passenger on any bicycle, without said persons wearing
a helmet as defined herein. For the purposes of this section, "wearing
a helmet" means having a helmet of good fit, fastened securely upon
the head.
The parent of the minor child or the guardian
of any minor child shall not authorize or knowingly permit any such
child to violate any of the provisions of this article.
Any person, or in case of a violation by a minor, the parent or legal guardian of the violator, who violates the provisions of §
84-3 of this article shall be subject to the following penalties:
A. First offense. A reprimand and warning, in writing,
by the West Milford Township Police Department will be served to the
offender. The written warning will state that official safety equipment
must be worn for immediate continued use of said device on the streets
and sidewalks of the Township of West Milford. Also, upon a first
offense, the West Milford Township Police Department may confiscate
such device, and the offender must show proof of ownership of the
required safety gear to the Township Police Department in order to
have the device returned to him or her. A list of names and addresses
of previous first-time offenders who have received written warnings
will be kept by the West Milford Township Police Department.
B. Second offense. A summons will be issued by the West
Milford Township Police Department for the second-time offender to
appear in Municipal Court. A second-time offender is subjected to
a maximum fine of $25. Also, upon a second offense, the West Milford
Township Police Department shall confiscate such device pending a
subsequent court hearing. At that hearing, the offender must show
proof of ownership of the required safety gear in order to have the
device returned to him or her.
C. Third offense. A summons will be issued by the West
Milford Township Police Department for the third-time offender to
appear in Municipal Court. A third-time offender is subjected to a
maximum fine of $100. Also, upon a third offense, the West Milford
Township Police Department shall confiscate such device pending a
subsequent court hearing. At that hearing, the offender must show
proof of ownership of the required safety gear in order to have the
device returned to him or her.
The court shall waive any fine for which a person who violates the provision of §
84-3 of this article would be liable if such person, or in the case of a minor, a parent or legal guardian of such person, supplies the court with proof that, between the date of violation and the appearance date for such violation, such person, parent or legal guardian has purchased or rented a helmet which meets the requirements of this article for use by the person or persons charged with the violation. Such waiver of the fine shall not apply to a third or subsequent conviction under this article.
[Adopted 8-26-2009 by Ord. No. 2009-013]
The Township Council of the Township of West Milford shall have
the power to establish, by resolution, additional rules and regulations
for the use and control of the skate park. Any such rules and regulations
shall be posted at the skate park and shall have the same force and
effect as any other provision of this article, and the violation thereof
shall constitute violation of this article.
Any person violating or failing to comply with any of the provisions
of this article, or any of the rules and regulations established pursuant
hereto, shall be immediately ejected from the skate park and be subjected
to a verbal warning for the first offense within the calendar year,
a fine of $25 for the second offense committed within the same calendar
year, a fine of $100 for the third offense committed within the same
calendar year and a permanent forfeiture of the privilege to use the
skate park for a fourth offense committed within the same calendar
year. In the event the individual who has violated the terms of this
article shall be a minor at the time of such violation(s), the individual's
legal guardian shall be the individual who shall be responsible to
respond to such violation(s) at the Township Municipal Court. In addition
to or in lieu of the aforementioned fines, the Municipal Court may
impose a period of community service.