Hoboken
NJ

CC - Ordinance

An Ordinance Amending Chapter 190 Entitled "Vehicles and Traffic" to Permit Low-Speed Electric Vehicles to Use Bicycle Lanes

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Department:Transportation & ParkingSponsors:
Category:Amendment

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WHEREAS, Chapter 190 of the General Code of the City of Hoboken establishes the rules and regulations associated with vehicles and traffic within City borders; and,

WHEREAS, Chapter 190 at §190-51 of the General Code of the City of Hoboken defines rules and regulations for operations of bicycles within the city; and,

WHEREAS, there are 10 miles and counting of bicycle lanes in Hoboken; and,

WHEREAS, the State Legislature recently approved legislation that legalizes the operation of low speed electric vehicles, including electric scooters (e-scooters), on public streets in New Jersey; and,

WHEREAS, e-scooters are not currently permitted to ride within bicycle lanes in Hoboken; and,

WHEREAS, the Administration wishes to launch an electric scooter sharing pilot program for a six month period, and wishes to encourage electric scooter riders to utilize the City’s on-street bicycle network; and,

WHEREAS, the proposed amendment to §190-51 will help achieve increased safety and reduced conflicts between low-speed electric vehicle riders and other street users by permitting these vehicles to use bicycle lanes.

NOW, THEREFORE, the City Council of the City of Hoboken does hereby Ordain as follows (additions noted in underline, deletions noted in strikethrough):

SECTION ONEamendments to hoboken code chapter 190

Article XXXIII. Bicycle Operation and Parking

 

§190-51. Other users of bicycle lanes.


In addition to bicycle riders, the following users are permitted in bicycle lanes:

(A) Individuals using roller blades

(B) Individuals using low-speed electric vehicles, as defined by NJ statute as a two or three-wheeled vehicle with fully operable pedals and an electric motor of less than 750 watts whose maximum speed is less than 20 miles per hour and meets the requirement of a  class 1 or class 2 low speed electric bicycle or 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

(C) Motorized wheelchairs with an orange safety flag at least five feet above street level

(D) Bicyclers with attached trailers for children will also have the same orange safety flag attached to the rear of the portage vehicle, shall also be permitted to use the bicycle lanes.

 

 

 

SECTION TWO: REPEAL OF INCONSISTENT PROVISIONS

All ordinances or parts thereof in conflict or inconsistent with this Ordinance are hereby repealed, but only to the extent of such conflict or inconsistency, it being the legislative intent that all such ordinances or part of ordinances now existing or in effect unless the same are in conflict or inconsistent with any provision of this Ordinance shall remain in effect.

SECTION THREE: SEVERABILITY

The provisions of this Ordinance are declared to be severable and if any section, subsection, sentence, clause or phrase thereof for any reason be held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining sections, subsections, sentences, clauses and phrases of this Ordinance, but shall remaining in effect; it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part.

SECTION FOUR:  EFFECTIVE DATE

This Ordinance shall take effect immediately upon passage and publication as provided by law.  

SECTION FIVE:  CODIFICATION

This ordinance shall be a part of the Code of the City of Hoboken as though codified and fully set forth therein.  The City Clerk shall have this ordinance codified and incorporated in the official copies of the Code.

The City Clerk and the Corporation Counsel are authorized and directed to change any Chapter, Article and/or Section number of the Code of the City of Hoboken in the event that the codification of this Ordinance reveals that there is a conflict between the numbers and the existing Code, and in order to avoid confusion and possible accidental repealers of existing provisions not intended to be repealed.