[HISTORY: Adopted by the Mayor and Council of the Borough of Lavallette. Amendments noted where applicable.]
For the purpose of this chapter, the terms used herein are defined as follows:
- Any two-wheeled vehicle having a rear drive wheel which is solely human-powered and having a seat height of 25 inches or greater when the seat is in the lowest adjustable position.
- INLINE SKATE
- A shoe, boot or other foot covering with wheels attached to the bottom in a single vertical row from toe to heel.
- MOTORIZED BICYCLE or MOPED
- A pedal bicycle having a helper motor as defined within N.J.S.A. 39:1-1.
- MOTORIZED SCOOTER
- A scooter as defined within this section, with a helper motor of any size, dimension or horsepower.
- ROLLER SKATE
- A shoe, boot or other foot covering with wheels attached to the bottom.
- A foot-operated vehicle consisting of a foot board or deck mounted between two wheels tandem with an upright steering handle attached to the front wheel.
- A flat or curved narrow board or deck, with urethane or other type wheels attached to the bottom, by trucks, axles or other means.
All persons operating a bicycle on any street or public highway or upon the boardwalk within the Borough of Lavallette shall determine that said bicycle has no mechanical defects which would render the bicycle unsafe to operate. A bicycle shall be conclusively presumed unsafe to operate if not maintained and equipped in accordance with the provisions of N.J.S.A. 39:4-10 et seq.
The Police Department is hereby authorized and directed to provide within the Borough of Lavallette a bicycle safety program in which all contents of said program adheres to N.J.S.A. 39:4-10 et seq. and furthers the purpose of the applicable portions of the statute. Said safety programs may be provided in conjunction with the Board of Education of the Borough of Lavallette, the Division of Motor Vehicles, the County of Ocean or any governmental, volunteer or service organization. Such bicycle safety programs may include lectures, courses in traffic safety, voluntary inspection of bicycles and distribution of printed material relating to bicycle safety to parents and children in the Borough of Lavallette.
In order to serve the interests of the safety, health and well-being of the people of the Borough of Lavallette, visitors to the Borough and of riders of bicycles in the Borough of Lavallette, no person shall ride a bicycle upon a sidewalk on Northbound Route 35 or Grand Central Avenue, except that school children shall be permitted to ride bicycles to and from school upon sidewalks on Northbound Route 35 and Grand Central Avenue during the school year.
Whenever any person is riding a bicycle upon a sidewalk, such person shall yield the right-of-way to any pedestrian and shall give an audible signal before overtaking and passing such pedestrian.
No person shall park a bicycle upon a street other than upon the roadway against the curb or upon the sidewalk in a rack to support the bicycle or against the building and then only in such manner as to afford the least obstruction to pedestrian traffic.
All persons operating a bicycle upon roadways or other public highways shall comply with the requirements of N.J.S.A. 39:4-10 as to the operation of said bicycle. All persons under 14 years of age shall be required to wear helmets as provided and as specified by N.J.S.A. 39:4-10.1 et seq.
Use of all vehicles referenced in this chapter on the boardwalk of the Borough of Lavallette shall be in accordance and comply with Chapter 7 of this Code, entitled “Bathing and Beach Control.”
All persons who shall rent, hire or loan bicycles shall cause such vehicles to be maintained in a safe condition and comply with all applicable provisions of N.J.S.A. 39:4-10 et seq. Said persons shall instruct the persons using said bicycles as to the regulations provided for by this chapter as to the operation, or they shall be subject to the penalties provided by this chapter. Persons regularly engaged in the business of renting bicycles shall comply with all provisions of N.J.S.A. 39:4-10.3 regarding helmets.
No person shall operate or cause to be operated a skateboard on the roadway of Grand Central Avenue (Route 35 North) nor on the curbs and sidewalks adjacent to public, quasi-public or private property, including but not limited to walkways, sidewalks, driveways, parking lots, stairways, promenades and plaza on private property adjacent to both sides of Grand Central Avenue (Route 35 North), except that school children shall be permitted to ride skateboards to and from school upon sidewalks of Grand Central Avenue during the school year.
No person shall operate or cause to be operated a skateboard in a reckless or hazardous fashion, in a manner that causes damage to private property or in a style creating interference with pedestrian or vehicular traffic.
No person shall operate or cause to be operated a skateboard on any private property or surrounding area designated for vehicle or pedestrian traffic without the prior written consent of the owner.
No person operating a skateboard shall hold onto a motor vehicle or bicycle while such motor vehicle or bicycle is in motion.
All persons operating skateboards in the Borough of Lavallette must abide by the provisions of N.J.S.A. 39:4-10-11, which statute is hereby incorporated into this chapter by reference.
Any person who violates any one or more subsections of § 9-8 shall be subject to a fine of not more than $100 for each separate offense.
In the event the individual using the skateboard is under the age of 18 years at the time that said individual violates any of the provisions of § 9-8, said skateboard shall be held by the Borough of Lavallette Police Department until claimed by the parent or guardian of the minor found in possession of said skateboard.
Any person, firm or corporation violating any of the provisions of this chapter except for § 9-8, violations of which are subject to the provisions of § 9-9, shall be subject to the following penalties:
Any person under 18 years of age who violates any provision of this chapter shall be subject to discipline by the authority having jurisdiction over juvenile matters.
Any person 18 years of age or older violating or failing to comply with any of the provisions of this chapter shall, upon conviction thereof, be punishable by a fine of no less than $100 and no more than $1,000, by imprisonment not to exceed 90 days or by community service of not more than 90 days or any combination of fine, imprisonment and community service, as determined in the discretion of the Municipal Court Judge. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.
The violation of any provision of this chapter shall be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction.