[HISTORY: Adopted by the City Council of
the City of Rahway 11-13-2000 by Ord. No. O-60-00. Amendments noted
where applicable.]
The following terms, as used in this chapter,
are defined below:
A pair of devices worn on the feet with a set of wheels attached,
regardless of the number or placement of those wheels, and used to
glide or propel the user over the ground either with or without a
motor attached.
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 either with or without a motor attached.
A piece of wood or other composition material mounted on
skate wheels used to glide or propel the user across the ground either
with or without a motor attached.
Every person operating any roller skates, 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, Title 39 of the New Jersey statutes, except as those
provisions thereof which by their nature can have no application.
The Municipal Council of the City of Rahway,
pursuant to N.J.S.A. 39:4-10.10a, may regulate the operation of roller
skates, skateboards and scooters upon the roadways and public properties
under municipal jurisdiction.
No person under the age of 14 may operate roller
skates or skateboards 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.
In accordance with N.J.S.A. 39:4-10.10a, any
person operating any roller skates, skateboard or 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.
E.
To travel no more than two abreast when traffic is
not impeded.
[Amended 7-12-2004 by Ord. No. O-28-04; 12-13-2021 by Ord. No. O-45-21]
B.
No person may operate or ride any roller skates, skateboard
or scooter in or upon any municipal parking facilities or parking
facilities controlled by the Rahway Parking Utility, nor upon any
public plazas or upon any properties posted as private and not owned
by those persons within the City of Rahway, except that individuals
may cross municipal parking facilities or public plazas only for the
purposes of reaching public facilities such as schools, public library,
recreation center and train station.
A.
Any person violating this chapter shall be fined a
minimum of $50 and a maximum of $250 per offense, as determined in
the discretion of the Judge of the Municipal Court.
B.
Notwithstanding Subsection A above, any person under the age of 14 who violates the provisions of § 331-4 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 a maximum of $25 for a first offense and a maximum of $100 for a subsequent offense. The penalties provided under this provision may be waived if the parent or legal guardian of the violator presents suitable proof that an approved helmet or appropriate personal protection equipment has been purchased since the violation occurred.
C.
All moneys collected as fines under this section shall
be deposited in the Bicycle and Skating Safety Fund, pursuant to Section
2 of P.L. 1991, c. 465 (N.J.S.A. 39:4-10.2).