[HISTORY: Adopted by the Board of Commissioners
of the Town of West New York 4-21-1976 by Ord. No. 1202[1]. Amendments noted where applicable.]
[1]
Editor's Note: The title of this chapter, formerly "Bicycles,"
was amended 10-6-2021 by Ord. No. 19/21.
The purpose and intent of this chapter is to
establish regulations and guidelines for the registration and operation
of bicycles within the Town of West New York. It is not primarily
intended to penalize individuals who operate bicycles in violation
of the provisions contained herein, but rather to educate both children
and adults regarding proper and safe bicycling practices, to ensure
their safety and welfare and the safety and welfare of motorists and
pedestrians and to make bicycling an enjoyable experience.
As used in this chapter, the following terms
shall have the meanings indicated:
Includes any device having a wheel or wheels with solid or
pneumatic tires 12 inches or more in diameter, connected by a frame
and so constructed as to be propelled by human power, except that
bicycles equipped with training wheels and tricycles when used by
young children shall not be so included.
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.
[Added 10-6-2021 by Ord.
No. 19/21]
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.
[Added 10-6-2021 by Ord.
No. 19/21]
No person, resident of the Town of West New
York, shall ride or operate a bicycle upon public rights-of-way within
the town without first having obtained a registration therefor from
the Police Department on a written application of the owner upon forms
provided by the town and payment of a prescribed fee.
A.
Every person required under the terms of this chapter
to obtain a registration shall, on or before June 1, 1976, and annually
thereafter, apply for and procure the same from the Police Department.
B.
The owner of any newly acquired bicycle shall make
application for a registration within 10 days of acquiring the same.
C.
Said registration tag or tags shall be affixed to
the bicycle in a manner prescribed by the Director of the Department
of Public Safety. Removal, substitution or mutilation of the same
shall be grounds for revocation of said registration.
A.
The person applying for a registration shall pay a
fee of $5 for each bicycle to be registered. Duplicate tags will be
issued upon satisfactory proof to the Police Department of loss of
the original tag and upon payment of a fee of $5. Said registration
tags are not transferable.
[Amended 3-15-1995 by Ord. No. 11/95]
B.
For each annual renewal, the fee for the registration
shall be the same as for the original thereof. Said registration,
registration tag and renewals thereof shall expire on the last day
of May of each year.
C.
The application shall state the name, address and
age of the applicant and a description of the bicycle and its serial
number. If the applicant is a minor, the name and address of the applicant's
parent or guardian shall be required.
D.
No registration or tag shall be issued when there
is reasonable ground to believe that the applicant is not the owner
of or entitled to possession of such bicycle.
E.
The officer assigned responsibility to issue registrations
shall inspect each bicycle, and if he finds the mechanical condition
thereof such that it can be safely operated and that it is equipped
with the attachments as herein provided and further finds that the
statements made in the application are true, he shall approve the
application and issue a registration and registration tag.
F.
In his inspection of the mechanical parts of the bicycle
to determine its mechanical safety, the police officer shall inspect
for the following:
Every registree who sells or transfers ownership
of a bicycle shall report said sale or transfer within 72 hours to
the Police Department by returning the registration issued to such
person and furnishing to the Police Department the name and address
of the person to whom the bicycle was sold or transferred.
Registration fees or other moneys collected
or received under the provisions of this chapter shall be forwarded
to the Treasurer of the Town of West New York within 30 days after
collection or receipt.
The Director of Public Safety is hereby authorized
to promulgate, with the approval of the Mayor and Board of Commissioners,
such further rules and regulations concerning registration, operation,
equipment and safety of bicycles as deemed necessary from time to
time.
The Director of the Department of Public Safety
shall, within 30 days next following the enactment of this chapter,
appoint three or more persons, citizens and residents of the Town
of West New York as members of a Bicycle Safety Committee. Each member
shall serve for a period of three years or until their respective
successors are appointed. Said Bicycle Safety Committee shall assist
the West New York Police Department in making periodic inspections
to determine whether bicycles registered or to be registered under
the provisions of this chapter are in safe mechanical condition. Said
Committee shall also sit on second offense violations in the manner
hereinafter prescribed and shall make recommendations to the Director
of Public Safety and Chief of Police concerning the enforcement of
this chapter and the adoption of additional rules and regulations
and amendments to this chapter and shall perform such other functions
as may hereafter be delegated by the Director of the Department of
Public Safety.
[Amended 3-15-1995 by Ord. No. 11/95]
The following rules and regulations shall apply
to all bicycles operated within the boundaries of the Town of West
New York:
A.
Every bicycle when in use at nighttime 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 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.
B.
No person shall operate a 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 a bicycle shall not be
equipped with nor shall any person use upon a bicycle any siren or
whistle.
C.
A person propelling or riding on a bicycle shall not
ride other than upon or astride a permanent and regular seat attached
thereto nor shall such person ride with feet removed from the pedals
nor with both hands removed from the handlebars, nor shall such person
practice any trick or fancy riding in any street. No bicycle shall
be used to carry more persons at one time than the number for which
it is designed.
D.
No person riding upon any bicycle shall attach the
same or himself to any vehicle upon a roadway, and no operator of
any vehicle shall knowingly allow any person riding upon any bicycle
to attach the same or himself to the vehicle.
E.
Every bicycle shall be equipped with a brake which
will enable the operator to make the braked wheels skid on dry, level,
clean pavement.
F.
Every person riding or operating a bicycle shall obey
all traffic signals, signs and devices in the same manner and to the
same extent as would be required if said person was operating a motor
vehicle.
G.
Every person riding or operating a bicycle shall be
required to dismount or walk his or her bicycle across heavily traveled
streets.
H.
Every person riding or operating a bicycle shall be
required immediately before entering a street or sidewalk from any
alley or driveway to come to a complete stop for the purpose of making
an observation in order to ensure that said street or sidewalk is
clear of pedestrians or vehicles.
I.
Every person operating a bicycle upon a roadway shall
ride as near to the right side of the roadway as practicable, exercising
due care when passing a standing vehicle or one proceeding in the
same direction.
J.
Persons riding bicycles upon a roadway shall ride
in single-file except on paths or parts of roadways set aside for
the exclusive use of bicycles.
K.
Regulations applicable to bicycles shall apply whenever
a bicycle is operated upon any highway, street or any path set aside
for the exclusive use of bicycles subject to those exceptions stated
herein.
L.
No person shall ride a bicycle upon a sidewalk in
a business district between the hours of 9:00 a.m. and 9:00 p.m. within
the Town of West New York or where signs prohibit the same. The Police
Department is hereby authorized to erect signs on any roadway or sidewalk
within the Town of West New York where it is deemed necessary to prohibit
the riding of bicycles thereon by any person, and when such signs
are in place, no person shall disobey the same. Whenever any person
is riding a bicycle upon a sidewalk or pedestrian right-of-way, such
person shall ride in single-file only, yield the right-of-way to any
pedestrian and give an audible signal before overtaking and passing
any pedestrian.
M.
Carrying articles. No person operating a bicycle shall
carry any package, bundle or article which prevents the operator from
keeping both hands on the handlebars.
N.
Parking. No person shall park a bicycle upon a street
except where a bicycle rack is so provided. All bicycles, when parked
on sidewalks, shall be parked only in such manner as not to obstruct
pedestrian traffic or access to adjacent buildings.
O.
Speed. No person shall operate a bicycle at speeds
faster than are reasonable or proper, which in no case shall be in
excess of legal speed limits, unless participating in an officially
sponsored or sanctioned rally or road race.
P.
Reckless or careless riding. No person shall ride
a bicycle in a reckless or careless manner which endangers or is likely
to endanger the safety or welfare of other persons or property.
Q.
The requirements of N.J.S.A. 39:4-10.1 which require
a person under 14 years of age who rides a bicycle to wear an appropriate
helmet which meets the standards of the American International Standards
Institute (ANSI Z 90.4 Bicycle Helmet Standards) or the Snell Memorial
Foundation's 1984 Standard for Protective Head Gear for Use in Bicycling
is incorporated by reference.
R.
The Director of the Department of Public Safety is
herewith authorized to issue additional rules and regulations to further
the public purpose of this chapter.
A.
Adult operators. Any person 18 years of age or older found in violation of any provision of this chapter or any safety regulation promulgated by the Director of Public Safety in accordance with § 130-8 shall be subject to a fine in the amount prescribed in Subsection C after issuance of a summons for said violation.
B.
An adult offender issued a summons in accordance with Subsection A may waive the right of a court hearing by completing the appearance, plea and waiver on the reverse side of the summons and delivering or mailing the same, together with payment of the fine, to the Municipal Court Violations Clerk. This waiver may be exercised for first offenses only.
C.
Violations Bureau schedule of fines:
[Amended 3-15-1995 by Ord. No. 11/95]
|
Offense
|
Fine
| |
|---|---|---|
|
Operating an unregistered bicycle
|
$10
| |
|
Operating with an expired registration
|
$10
| |
|
Operating without proper lights in the nighttime
|
$10
| |
|
Failure to obey traffic sign or signal
|
$10
| |
|
Exceeding legal speed limits
|
$10
| |
|
Improper parking
|
$10
| |
|
Riding against the flow of traffic
|
$50
| |
|
Failure to ride in designated area where prescribed
|
$50
| |
|
Operating with inoperative braking devices
|
$50
| |
|
Carrying excessive passengers
|
$50
| |
|
Hitching on to moving vehicles
|
$50
| |
|
Reckless or careless riding
|
$50
|
D.
Minors penalties. Minors eight years of age to 12
years of age that violate any of the provisions of this chapter relating
to the vehicle traffic laws or the bicycle safe riding rules and regulations
and the official instructions for the safe operation of a bicycle
shall be, for the first offense, reprimanded, in writing, by the West
New York Police Department or the Bicycle Safety Committee, addressed
to the parents or guardian of said offender, stating the nature of
the violations and a warning that a repetition of the violation or
any other violation must be prevented or the bicycle will be impounded
for a period of time of not less than seven days nor more than 60
days, and during that period of time the offender cannot ride his
or her bicycle on the streets. On the second or subsequent offense,
the offender will be summoned to appear at Police Headquarters with
his or her bicycle, accompanied by a parent or guardian and, after
a hearing on the violation before the Bicycle Safety Committee if
in the discretion of the Bicycle Safety Committee it is decided to
punish the offender for the violation, the offender's bicycle and
registration may be impounded for a period of time not less than seven
days nor more than 60 days at the discretion of the Bicycle Safety
Committee with the approval, if possible, of the parent or guardian,
but the decision of the Bicycle Safety Committee shall prevail and
the bicycle shall be impounded.
[Amended 3-15-1995 by Ord. No. 11/95]
E.
Minors 13 years of age to 18 years of age shall be subject to fines in the amount set forth in Subsection C of this chapter but at a lower scale of 1/2 of the fines set forth in Subsection C for adult offenders. In addition, minors in this age group shall be subject to vehicle impoundment under the same schedule for minors eight to 12 years.
[Added 3-15-1995 by Ord. No. 11/95]
[Added 10-6-2021 by Ord.
No. 19/21]
A.
Prohibited vehicles.
(1)
Prohibited motor vehicles: Any electric bicycle or electric scooter
with an electric motor greater than 750 watts is not to be considered
a "low-speed" electric bicycle/scooter and shall be effectively prohibited
from operation in the Town of West New York, unless such vehicle is
specifically authorized by the New Jersey Motor Vehicle Code, and
is properly registered and insured, and operated by a licensed operator.
B.
Equipment and operation.
(1)
Rights and duties of persons on low-speed electric bicycles or low-speed electric scooters: Every person riding a low-speed electric bicycle or a low-speed electric scooter upon a roadway shall be granted all the rights and shall be subject to all the duties applicable to the driver of a vehicle by Chapter 4 of Title 39 of the New Jersey Revised Statutes, and all supplements thereto, except as to those provisions thereof which by their nature can have no application. In particular, any person operating a low-speed electric bicycle or a low-speed electric scooter shall obey the instructions of official traffic control signals, signs and other control devices applicable to vehicles, unless otherwise directed by a police officer.
(2)
Lights and reflectors: Every low-speed electric bicycle or low-speed
electric scooter, when in use at nighttime, 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, 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. In addition to the red lamp, a red reflector
may be mounted on the rear, of a type approved by the state motor
vehicle commission, which shall be visible from all distances from
50 feet to 300 feet to the rear when directly in front of lawful upper
beams of head lamps on a motor vehicle.
(3)
Audible signal: No person shall operate a low-speed electric bicycle
or low-speed electric scooter 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 and
scooters shall not be equipped with, nor shall any person use upon
a low-speed bicycle or scooter, any siren or whistle.
(4)
Position of hands and feet: A person propelling or riding on a low-speed
electric bicycle or low-speed electric scooter shall not ride with
his feet removed from the pedals/footrests, or with hands removed
from the handlebars, nor shall be practice any trick or fancy riding
in a street.
(5)
Carrying passengers: No person operating a low-speed electric bicycle
or a low-speed electric scooter shall allow another person to ride
as a passenger unless the passenger is carried in a proper bike 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; and the passenger is wearing a properly
fitted and fastened helmet meeting the standards set forth in N.J.S.A.
39:4-10.1.
(6)
Hitching on vehicles prohibited: No person riding upon any low-speed
electric bicycle or low-speed electric scooter shall attach the same
or himself to any streetcar or vehicle upon a roadway and no operator
of any streetcar or vehicle shall knowingly allow any person riding
upon any low-speed electric bicycle or low-speed electric scooter
to attach the same or himself to the streetcar or vehicle.
(7)
Helmet: Persons are not permitted to operate a low-speed electric
bicycle or low-speed electric scooter unless they wear a protective
helmet.
(8)
Keeping to the right; exceptions; single-file: Every person operating
a low-speed electric bicycle or low-speed electric scooter upon a
roadway shall ride as near to the right side of the roadway as practicable,
exercising due care when passing a standing vehicle or one proceeding
in the same direction; provided, however, that any person may move
to the left under any of the following situations:
(a)
To make a left turn from a left-turn lane or pocket;
(b)
To avoid debris, drains or other hazardous conditions that make
it impracticable to ride at the right side of the roadway;
(c)
To pass a slower moving vehicle;
(d)
To occupy any available lane when traveling at the same speed
as other traffic;
(e)
To travel no more than two abreast when traffic is not impeded.
(9)
Riding on sidewalks: No person over the age of 13 shall ride a low-speed
electric bicycle or a low-speed electric scooter upon a sidewalk within
the Town of West New York, or where signs prohibit the same. Whenever
such person is riding a low-speed electric bicycle or a low-speed
electric scooter upon a sidewalk or pedestrian right-of-way, such
person shall ride in single file only, yield the right-of-way to any
pedestrian and give an audible signal before overtaking and passing
any pedestrian.
(10)
Riding on sidewalks in business districts: No person, even those
under the age of 13, shall ride a low-speed electric bicycle or a
low-speed electric scooter upon a sidewalk in a business district
between the hours of 9:00 a.m. and 9:00 p.m. within the Town of West
New York, or where signs prohibit the same. The Police Department
is hereby authorized to erect signs on any roadway or sidewalk within
the Town of West New York where it is deemed necessary to prohibit
the riding of low-speed electric bicycles or low speed electric scooters
thereon by any person; and when such signs are in place no person
shall disobey the same.
(11)
Carrying articles: No person operating a low-speed electric
bicycle or low-speed electric scooter shall carry any package, bundle
or article which prevents the rider from keeping both hands upon the
handlebars.
(12)
Parking: No person shall park a low-speed electric bicycle or
a low-speed electric scooter upon a street except where an appropriate
rack or spots are provided. All low-speed electric bicycles or low-speed
electric scooters, when parked on sidewalks, shall be parked only
in such manner as not to obstruct or impede the normal movement of
pedestrian or other traffic or access to adjacent buildings.
(13)
Speed: No person shall operate a low-speed electric bicycle
or a low-speed electric scooter at speeds faster than are reasonable
or proper, which in no case shall be in excess of legal speed limits,
unless participating in an officially sponsored or sanctioned rally
or road race. In no event shall speed of operation exceed 20 miles
per hour.
(14)
Reckless or careless riding: No person shall ride a low-speed
electric bicycle or a low-speed electric scooter in a reckless or
careless manner which endangers or is likely to endanger the safety
or welfare of other persons or property.
C.
Enforcement. The Police Department is hereby authorized to promulgate,
with the approval of the Board of Commissioners, such further rules
and regulations concerning registration, operation, equipment and
safety of low-speed electric bicycles and low-speed electric scooters
as deemed necessary from time to time.
D.
Business regulations.
(1)
All persons and businesses who own, rent, hire or lease bicycles,
low-speed electric bicycles or low-speed electric scooters, in the
Town of West New York for the delivery of items in commerce, such
as messages, parcels, food, wares and/or other merchandise or goods,
or for the delivery of items in commerce destined for the Town of
West New York:
(a)
Shall keep each bicycle, low-speed electric bicycle or low-speed
electric scooter in a safe operating condition, and shall advise the
persons using said bicycles, low-speed electric bicycles or low-speed
electric scooters of the regulations for use in the Town of West New
York;
(b)
Shall post a copy of this chapter in a conspicuous place where
said bicycles are kept, rented, hired or leased, if such location
is within the Town of West New York; and
(c)
Shall ensure that any employee, agent, or contractor, while
utilizing low-speed electric bicycle or low-speed electric scooters
for hire by, for or on behalf of such person or business, shall wear
a reflective vest, and have affixed a tag, license, decal or marking
affixed to the low-speed electric scooter or bicycle clearly identifying
such low-speed electric bicycle or low-speed electric scooter as being
operated for hire by, for or on behalf of such person or business.
(2)
For the purposes of this section, to "hire" includes persons or businesses
whose employees or agents utilize low-speed electric bicycles or low-speed
electric scooters to deliver their messages, parcels, food, wares
and/or other merchandise or good during the time such low-speed electric
bicycles or low-speed electric scooters is/are being used for such
purpose, whether or not such low-speed electric bicycles or low-speed
electric scooters is/are owned, leased or rented by the person or
business.
(3)
A person's or businesses' failure to comply with this section
shall be considered a violation of this section.
(4)
Any violation of this section by an operator of a low-speed electric
bicycle or low-speed electric scooters while in the hire of a person
or business shall be considered a separate violation of this section
by such person or business.
E.
Registration requirement:
(1)
All persons and businesses who own, rent, hire or lease bicycles,
low-speed electric bicycles or low-speed electric scooters, in the
Town of West New York for the delivery of items in commerce, such
as messages, parcels, food, wares and/or other merchandise or goods,
shall maintain proper registration tags and licenses for each bicycle,
low-speed electric bicycle or low-speed electric scooter issued by
the Police Department.
(2)
All persons and businesses who rent, hire or lease bicycles, low-speed
electric bicycles or low-speed electric scooters for the delivery
of items in commerce destined for the Town of West New York, but that
are not located within the Town, shall comply with any municipal registration
requirements applicable to bicycles, low-speed electric bicycles or
low-speed electric scooters, that may be in force in the location
where such business or person's business is based.
(3)
A person's or businesses' failure to comply with this section
shall be considered a violation of this section.
(4)
Any violation of this section by an operator of a low-speed electric
bicycle or low-speed electric scooters while in the hire of a person
or business, shall be considered a separate violation of this section
by such person or business.
F.
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. Any third or subsequent conviction shall be liable to the penalty as stated in Chapter 1, § 1-16.
