[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.
A shoe, boot or other foot covering with wheels attached to the bottom
in a single vertical row from toe to heel.
A pedal bicycle having a helper motor as defined within N.J.S.A.
39:1-1.
A scooter as defined within this section, with a helper motor of
any size, dimension or horsepower.
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.
A.
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.
B.
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.
A.
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.
B.
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.
A.
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.
B.
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.
C.
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.
D.
No person operating a skateboard shall hold onto a motor
vehicle or bicycle while such motor vehicle or bicycle is in motion.
E.
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.
A.
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.
B.
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:
A.
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.
B.
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.
C.
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.
