[HISTORY: Adopted by the Mayor and Council of the Borough of South River as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-27-1977 by Ord. No. 1977-34 (Ch. 194 of the 1977 Code)]
The Borough of South River hereby adopts a chapter prohibiting the use and operation of certain motor-driven vehicles as follows:
It shall be unlawful for any person to operate any motorized vehicle including motorcycles, snowmobiles, minibikes, trail bikes, motor scooters, go-carts, motorized skateboards, all-terrain vehicles (ATV's) and dune buggies or any other vehicle in the class known as recreational vehicles on any property or under any circumstances described in § 324-2 hereof.
The property to be regulated by this article is as follows: all privately owned property and publicly owned property off the improved right-of-way, except driveways leading to and from the public right-of-way and residential right-of-way.
The Mayor and Council hereby enacts this article because it finds that operation of such motorized vehicles has been conducted:
The terms and provisions of this article shall not be applicable to police or other emergency vehicles, including but not limited to ambulances, motorcycles, fire control vehicles and the like, or to motorized lawnmowers, tractors or farm vehicles or construction equipment.
The Police Department of the Borough of South River is hereby authorized to confiscate and impound any motorized vehicle which is allegedly operated in violation of the terms of this article. All towing charges as well as storage fees shall be set pursuant to regulations promulgated by the Chief of Police.
[Amended 12-14-1977 by Ord. No. 1977-50; 8-22-1979 by Ord. No. 1979-40]
Notwithstanding anything contained in this article to the contrary, application may be made to the Mayor and Council to obtain a permit for a time period not exceeding nine months for the use of any vehicle regulated by this article on specific property. Notice of the application shall be served on all residents and owners of property within 200 feet of the subject property. The Mayor and Council may issue a permit for the property if it finds that the proposed area shall be sufficient for the intended purpose, that adequate parking is available, that the means of ingress and egress are adequate to prevent a traffic hazard, congestion or excessive interference with normal traffic movement on adjacent public streets and thoroughfares and that the property can be so used without adversely affecting the neighborhood. Any permits so issued shall be restricted to the extent that there shall be no use of any such vehicle on Sundays nor between the hours of 9:00 p.m. and 8:00 a.m. on any weekday, and no vehicle shall be so used within eight feet of the boundary lines of any licensed premises at any time whatsoever. The Mayor and Council may renew any such permits issued to an applicant for continuing nine-month periods upon reapplication by any citizen. No notices or hearings shall be required upon reapplication.
[Adopted 5-10-2010 by Ord. No. 2010-14]
As used in this article, the following terms shall have the meanings indicated:
- Any conveyance upon which a person may ride propelled wholly or in part by human muscular power and having two tandem wheels.
Applicability. A person may park a bicycle on any street, sidewalk or other thoroughfare only in accordance with the terms and conditions of this section.
Prohibited acts. No person may park a bicycle where parking is prohibited or restricted by an official traffic control device; nor shall any bicycle be parked in the Borough where the parking of the bicycle impedes the normal and reasonable movement of pedestrian or other traffic; nor shall any bicycle be parked so as to constitute a hazard to pedestrians, traffic and/or property; nor shall any person park a bicycle on a street or other thoroughfare or on or near any parking lot in such a manner as to obstruct the movement of a legally parked motor vehicle.
Mandatory use of bicycle racks. At all locations where bicycle racks are provided, in addition to the prohibitions set forth in Subsection B above, no person shall park and/or secure a bicycle near or to any publicly or privately owned tree, fence, pole, post or other property, nor may any person park and/or secure a bicycle where an official control device or any applicable law or ordinance prohibits the parking or securing of bicycles at that location, but instead shall park a bicycle in a bicycle rack.
Any bicycle found to be in violation of this section shall be subject to removal and impoundment by the South River Police Department. It shall be the responsibility of the South River Police Department to hold said impounded bicycle until such time as the lawful owner is located or for a period of at least six months, whichever comes first.
Bike racks may be placed in the public right-of-way in accordance with the following:
There must be at least a six-foot clear walkway, to comply with the Americans with Disabilities Act, in addition to any frontage occupied by street furniture.
A bicycle rack may not be located directly in front of a store/building entrance or exit or in a driveway.
Any street utility vaults, such as electric, must be located with a two-foot clearance from a bicycle parked at a rack, not the rack itself.
A bicycle rack may not be located in a blue curb zone (disabled parking).
A bicycle rack may not be located closer to the curb than two feet; a three-foot distance from the curb is preferred.
A bicycle rack shall be located two to three feet from any street encroachments.
Any person riding a bicycle on a sidewalk shall:
Whenever any bicycle shall be impounded because of its unfitness for safe operation, it shall be surrendered at the end of the impoundment period to the owner or, in the case of a juvenile, to the parents or the guardian of the owner upon payment of a charge for storage at the discretion of the Chief of Police; but, if a charge is made, it shall not exceed such amount as provided in Subsection B below for the first and subsequent impoundments. In the case of seizure of a bicycle because it has been found in the possession of a person not the legal owner thereof, the owner shall be notified of such seizure, provided the name of the owner can be determined. If the bicycle is not reclaimed by the legal owner thereof, it shall be subject to destruction after the expiration of a six-month period that begins on the date of seizure. The destruction of said bicycle shall be in accordance with the policies and procedures for the destruction of found property as established by the South River Police Department.
Any person over the age of 18 who violates § 324-9 shall, upon conviction thereof, be punished by a fine not exceeding $100.