[HISTORY: Adopted by the Mayor and Council
of the Borough of Sea Bright 5-3-2005 by Ord. No. 7-2005. Amendments noted where
applicable.]
The purpose of this chapter is to provide for
the safety, health and general welfare of the residents of the Borough
of Sea Bright and the users of the streets and sidewalks of the Borough
of Sea Bright. By enacting this chapter, the Borough seeks to prevent
personal injury and property damage as a result of the use of skateboards,
roller skates and scooters within the Borough.
As used in this chapter, the following terms
shall have the meanings indicated:
Boots or shoes with one or more rows of wheels attached to
the soles.
A long footboard between end wheels controlled by an upright
steering handle attached to the front wheel.
A single platform mounted on wheels.
A.
No person shall use a skateboard, roller skates, in-line
skates or scooter in parking lots owned or leased by the Borough of
Sea Bright, except to traverse the area by traveling on surfaces normally
utilized for pedestrian or vehicular travel.
B.
No person shall use a skateboard, roller skates, in-line
skates or scooter on any portion of Borough facilities, including
Borough Hall, police and fire headquarters, the library or boardwalk.
C.
No person shall use a skateboard, roller skates, in-line
skates or scooter on the property of any commercial business without
the prior approval of the owner.
D.
No person shall use a skateboard, roller skates, in-line
skates or scooter on public benches or public park playground equipment
or tables.
Every person operating a skateboard, roller
skates, in-line skates or scooter upon streets in the Borough shall
operate the same in strict observance of all laws applicable to a
motor vehicle and the use thereof and in compliance with all rules
of the road applicable to the operation of a motor vehicle and in
compliance with all traffic laws, except as to those provisions of
laws, which, by their nature, can have no application.
Whenever any person shall operate a skateboard,
roller skates, in-line skates or scooter 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.
The operator of a skateboard, roller skates,
in-line skates or scooter, emerging from an alley, driveway or building,
shall, upon approaching a sidewalk, yield the right-of-way to all
pedestrians approaching on said sidewalk.
No person shall stand, park or otherwise place
in a position of temporary storage a skateboard or scooter upon a
highway, street, sidewalk or against a building abutting a sidewalk
in such a manner that shall obstruct or render injury to a pedestrian
or interfere with vehicular traffic.
A.
No person shall operate a skateboard, roller skates,
in-line skates or scooter unless that person is wearing a properly
fitted and fastened helmet. Persons using roller skates, in-line skates
or scooters must wear a bicycle helmet which meets or exceeds the
standards of the American National Standards Institute (ANSI Z90.4,
bicycle helmet standard) or the Snell Memorial Foundation's 1990 Standard
for Protective Headgear for use in Bicycling. Persons using a skateboard
must wear a helmet that meets or exceeds the ASTM skateboard helmet
standard, F-2493.
B.
No person shall operate a skateboard, roller skates,
in-line skates or scooter at night unless he or she is wearing reflective
clothing, which shall be visible from a distance of not less than
50 feet from the front, side and rear of the skateboard, roller skates,
in-line skates or scooter when directly in front of the lawful beams
of a headlight on a motor vehicle.
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 chapter.
A.
First offense. A reprimand and warning, in writing,
by the Sea Bright 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 Borough of Sea Bright. A list of names and addresses
of previous first-time offenders who have received written warnings
will be kept by the Sea Bright Police Department.
B.
Second or further violations. A summons will be issued
by the Sea Bright Police Department for the second-time offender to
appear in municipal court. By judgment of the Municipal Court of Sea
Bright, the device will be impounded for a time of not less than seven
days and not more than 60 days, and during that time the offender
cannot ride any such device on any public streets or sidewalks in
the Borough of Sea Bright.
C.
Safety gear offense. The Sea Bright Police Department
shall confiscate such device pending a second 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.
D.
Property damage. Police will write a full report and
a Borough official will estimate said damages and report those to
the Municipal Court.
E.
Parent or guardian of an offender who is a minor.
The parent(s) or guardian of an offending child who is a minor shall
be completely responsible for all fines and costs, to repair damaged
property, imposed by the laws of the Municipal Court of the Borough
of Sea Bright.
