Proposed rules would require riders to follow all traffic laws
CAPE MAY— As towns in New Jersey continue to grapple with delays at the state level to regulate electric bicycles, Cape May joins Lower Township and West Cape May in introducing an ordinance to regulate the operation of E-bikes and scooters.
On Oct. 21, solicitor Chris Gillin-Schwartz said City Council had previously discussed the state’s lack of regulation regarding E-bikes.
“We’d really like the state to take a unified approach on this, and [we] reached out to the Lower Township solicitor because they had just decided [they] were going to do something until the Legislature gets their act together on this issue,” he said.
In August, Lower Township passed a resolution urging Gov. Phil Murphy and the Legislature to enact regulations governing the operation of e-bikes and scooters on public streets and other areas to provide for public safety.
On Oct. 6, Lower Township passed an ordinance prohibiting the use of E-bikes and other vehicles on sidewalks, and requiring riders to comply with traffic control signals and signs.
“The advantage of doing this is that we could craft this a number of ways,” Gillin-Schwartz said. “What Lower Township did is, they basically put these things on the same playing field as a car.”
Mayor Zack Mullock said he was surprised the state Legislature had not acted quickly.
“Two things that stick out to me is that they need a license plate, just like a moped, and the speed limit,” Mullock said. “The state really needs to take quick action on the speed limit and license plates. It seems to me to have bipartisan support.”
Resident Martin Van Walsum told council that his son had been in an E-bike accident, which prompted him to do further research.
“He had a helmet on, or he might not have been with us,” Van Walsum said. “I was appalled to see this is at a federal level, these definitions of class one and class two, and the way manufacturers are skirting those laws in terms of licensing and registration.”
The three classifications of E-bikes are class 1: pedal-assist up to 20 mph; class 2: throttle and pedal-assist up to 20 mph. Both have motors that are less than 750 watts. Class 3 E-bikes can exceed 20 mph, have more than 750 watts and require registration and insurance. Riders must be at least 15 years old with a valid moped license.
“I’m concerned that your definitions don’t encompass those bicycles that are capable of doing 60 mph,” Van Walsum said. “I want to make sure that we have definitions here that are going to capture what is actually out there, which are bikes capable of doing significantly higher than 25 mph.”
Gillin-Schwartz said the ordinance is intended to regulate power-assisted bicycles.
“Someone would have to get really cute at the municipal court level to say that the faster bike is not a motorized bicycle,” Gillin-Schwartz said. “I understand what Martin is indicating, it’s almost too specific because we can just say it’s power assisted, and we already have those definitions in the code.”
Additionally, Gillin-Schwartz said there are provisions in the code regulating power-assist bicycles.
“I read what was happening in Lower Township and I understood that we were following suit,” Van Walsum said. “I think that a lot of this is to signal the intent to the E-bike users that we’re serious. I would encourage us to make sure that when we do this, that we’re picking up the entire market of these bikes.”
Penalties
Resident Jim Moffatt said he was concerned about the fines for violators of the ordinance.
As written, the ordinance states, “any individual who violates the terms and provisions of this article shall be subject to a fine of $100 for a first offense and a fine of $200 for a second and/or subsequent violation.”
“I read the ordinance and agree with what you’re trying to do, with one exception: the penalty,” Moffatt said. “Why not put something in there that says warning or if it’s a habitual offender, but it just seems overly dramatic to me to say $100 for first offense.”
Mullock said he agreed, but noted it was consistent with all of the city’s ordinances.
Cape May Police Department Lt. Joseph Walker said that, for a first offense, officers have discretion to issue a warning.
“On subsequent offenses, if they choose to issue a citation, that’s where the first offense would come into play,” Walker said. “And then another subsequent citation after that would trigger the other $200 fine.”
Gillin-Schwartz said there are statutory limitations on fine amounts but there is some room within those limitations to work.
“When talking about fines, I think we want to give our enforcement personnel something to sink their teeth into in terms of don’t violate,” Gillin-Schwartz said. “I think we want our police to be able to say you have to follow this stuff, and there are penalties.”
Walker added that it was another tool officers have to combat some of the recklessness. Gillin-Schwartz said officers can evaluate it on a case-by-case basis.
“I think it would be very valuable if we had some good discussions about things like enforcement,” Moffatt said. “In my opinion, enforcement of bicycles still leaves a lot to be desired.”
Moffatt added that education for users could be a component of community involvement.
Councilman Steve Bodnar said it was one of the issues discussed on the Bicycle and Pedestrian Advisory Committee. Enforcement is one of the issues for its 2026 discussions.
“I think it’s important for the public to hear as well,” Bodnar said. “Enforcement is important to everybody in the city. It’s an issue that we hear, and I know it’s an issue that the police department hears about on a regular basis.”
By RACHEL SHUBIN/Special to the Star and Wave
