[HISTORY: Adopted by the Board of Commissioners of the Town of West New York 3-15-1995 by Ord. No. 10/95; amended in its entirety 8-21-2002 by Ord. No. 17/02. Amendments noted where applicable.]
GENERAL REFERENCES
Mopeds — See Ch. 257.
Temporary closing of streets — See Ch. 352, Art. VI.
The following terms, as used in these sections, are defined below:
ROLLER SKATES, ROLLER BLADES, and IN-LINE SKATES
A pair of devices worn on the feet with sets of wheels attached, regardless of the number or placement of those wheels, and used to glide or propel the user over the ground.
SCOOTER
A low board fitted with a wheel at each end and a steering handle attached to the axle of the front wheel used to glide or propel the user across the ground.
SKATEBOARD
A piece of wood or other material mounted on skate wheels used to glide or propel the user across the ground.
Every person operating any form of skate (aforementioned), skateboard or scooter upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by Chapter 4 of Title 39, except as those provisions thereof which by their nature can have no application.
The Board of Commissioners, pursuant to N.J.S.A. 39:4-10.10a, may regulate the operation of all of the aforementioned upon the roadway and public properties under municipal jurisdiction.
[1]
Editor's Note: This ordinance also provided that the Director of Public Safety is authorized to add additional rules and regulations to further the public purpose of this chapter.
No person under the age of 14 may operate any of the aforementioned without wearing full protective gear, including helmet, wrist guards, elbow pads and knee pads; no person under the age of 14 may operate a scooter without a helmet, elbow pads and knee pads.
No person shall operate or use any of the aforementioned or similar devices unless the same are in good operable condition and reasonably maintained.
In accordance with N.J.S.A. 39:4-10.10a, any person operating roller skates, a skateboard or a 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 land when traveling at the same speed as other traffic; or
E. 
To travel no more than two abreast when traffic is not impeded.
The operation of the aforementioned by any person under the age of 14 is prohibited upon the following roadways:
A. 
State roadways;
B. 
County roadways;
C. 
Any section of roadway with a posted speed limit in excess of 35 miles per hour.
D. 
Streets and sidewalks in the following business districts in the Town of West New York between the hours of 9:00 a.m. and 9:00 p.m.: Bergenline Avenue from 49th to 67th Street, Park Avenue from 49th to 67th Street, 60th Street from Kennedy Boulevard to Boulevard East, Boulevard East and Kennedy Boulevard from 49th to 67th Street.
E. 
No person shall operate or use any of the aforementioned devices in any park, ball field or playground within the Town of West New York.
A. 
The use of motorized roller skates, scooters or skateboards is hereby prohibited. The motor need not be engaged in order for a person to be in violation of this prohibition.
B. 
Any member of the Police Department who witnesses a violation of this section shall confiscate the motorized scooter, which shall remain in police custody until such time as:
(1) 
The violator pleads guilty and pays the subsequent fine; or
(2) 
The violator is found not guilty by the Municipal Court.
A. 
Any person violating this chapter shall be fined a minimum of $50 and a maximum of $1,000 per offense, as determined in the discretion of the Judge of the Municipal Court.
(1) 
Notwithstanding Subsection A above, any person under the age of 14 who violates the provisions of § 341-5 above, by failing to wear the appropriate protective gear, shall be warned of the violation by the enforcing official. The parent or legal guardian of the violator may be fined up to maximum of $1,000 per offense. The penalties provided under this provision may be waived if the parent or legal guardian presents suitable proof that an approved helmet or appropriated personal protection equipment has been purchased since the violation occurred. All moneys collected as fines under this subsection section shall be deposited in the "Bicycle and Skating Safety Fund," pursuant to Section 2 of P.L. 1991, c. 465 (39:4-10.2).