[HISTORY: Adopted by the Board of Trustees
of the Village of Carthage as indicated in article histories. Amendments
noted where applicable.]
[Adopted 3-17-1997 by L.L. No. 2-1997[1]]
[1]
Editor's Note: This local law also repealed
former Art. I, Skating and Coasting, adopted 6-7-1965, as amended.
As used in this article, the following terms
shall have the meanings indicated:
Shoes, skates or footwear with a single row of roller wheels.
Any shirt, vest, jacket or any other readily visible piece
of apparel equipped with a reflective surface such as phosphorescent
tape or an equivalent reflective surface.
Shoes, skates or footwear with two or more rows of roller
wheels.
A narrow board of wood, plastic, fiberglass or similar material
with roller skate or other type of wheels attached to each end and
used for gliding or moving on any hard surfaces without a mechanism
or other device for steering, while being used, operated or ridden.
A mini ski-type of device fastened to any type of footwear,
designed to be used by persons to skate or slide on snow or ice.
A.
Operating restrictions, general. Every person operating
a skateboard, roller skates, snow skates or in-line skates upon a
highway, road or street, dedicated or otherwise, shall operate the
same in strict observance of all laws applicable to a vehicle and
the use thereof and in compliance with all rules of the road applicable
to the operation of a vehicle and in compliance with all traffic laws,
except as to those provisions of the laws which, by their nature,
can have no application.
B.
No person shall operate a skateboard, roller skates,
snow skates or in-line skates along any street, sidewalk or public
place in the Village from 10:00 p.m. until 1/2 hour after sunrise.
The operator of a skateboard, roller skates,
snow skates or in-line skates, 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 upon a highway, street,
sidewalk or against any 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 ride a skateboard or use roller skates,
snow skates or in-line skates upon a sidewalk in the following areas:
B.
Whenever any person shall operate a skateboard or
use roller skates, snow skates or in-line skates 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.
[Added 9-18-2000 by L.L. No. 2-2000;
amended 6-19-2006 by L.L. No. 4-2006
A.
No person shall ride a skateboard or use roller skates,
snow skates or in-line skates upon a public street in the Village
of Carthage or the following public areas:
(1)
On State Street from James Street to the bridge.
(2)
On North Mechanic Street from State Street to
Spring Street.
(3)
On South Mechanic Street from State Street to
West Street.
(4)
On Canal Street from State Street to West Street.
(5)
On Riverside Drive from State Street to Spring
Street.
(6)
Within any public park within the Village of
Carthage, including Turning Point Park, Long Falls Park, Monument
Park and the Village athletic field, with the exception of the area
specifically set aside at the Village athletic field to be used as
a skate park.
B.
Bicycle use is prohibited in Turning Point Park and
Monument Park.
C.
Whenever any person shall operate a skateboard or
use roller skates, snow skates or in-line skates upon a public street
or road, dedicated or otherwise, such person shall operate such skateboard,
roller skates, snow skates or in-line skates only on the outer margin
or shoulder of such road or street and shall yield to any and all
vehicles using such street or road, including bicycles.
There shall be no riding of skateboards, roller
skates, snow skates or in-line skates within any part of Turning Point
Park or either parking lot associated with the Village Municipal Building
off of West Street between Canal Street and South Mechanic Street.
A.
No person shall operate a skateboard or use roller
skates, snow skates or in-line skates at night ("night" meaning from
1/2 hour before sundown) unless he or she is wearing reflective clothing,
which shall be visible from a distance of not less than 50 feet and
a maximum of 300 feet from the front, side and rear of the skateboard,
roller skates, snow skates or in-line skates when directly in front
of the lawful beams of the headlights of a motor vehicle.
B.
No person under 14 years of age shall be allowed to
operate a skateboard, roller skates, snow skates or in-line skates
on the streets or sidewalks of the Village of Carthage unless such
persons shall be wearing a helmet meeting the standards of the American
National Standards Institute (ANSI Z90.4 Bicycle Helmet Standards)
or the Snell Memorial Foundation Standards for protective headgear
for use in bicycling, and shall, in addition, be wearing kneepads.
A.
Any person violating any provision of this article
shall be guilty of a violation and, upon conviction thereof, shall
be subject to a fine not to exceed $50 for a first offense; for a
second offense within a five-year period, a fine not to exceed $100;
and for a third or any subsequent offense within a five-year period,
a fine not to exceed $250.
B.
In the event that a person violating any provision of this article shall be under 16 years of age, it shall be the responsibility of the parent, custodian or person having legal guardianship of such person to be certain that the child complies with the provisions of this law. If the child does not comply with the provisions of this law, then such parent, custodian or legal guardian, shall be responsible as if that person had violated this law, and the fines set forth in Subsection A of this section shall apply to such parent, custodian or legal guardian.
[Adopted 11-15-1982 by L.L. No. 5-1982]
[Amended 5-6-2002 by L.L. No. 5-2002; 3-16-2009 by L.L. No.
2-2009]
It shall not be lawful for any owner, occupant/tenant
or any person having the charge or control of any premises, lot, tenement
or manufacturing establishment situated within the Village of Carthage
to suffer or permit any snow, ice or other substance to collect and
remain on any sidewalk fronting on or belonging to said premises so
as to impede, obstruct or render dangerous public travel upon such
sidewalks, later than 10:00 a.m. of any day after the same shall have
fallen or collected thereon or for more than two hours after being
notified by the President, Clerk, Trustee, any police officer of the
Village, the Department of Public Works (DPW) Superintendent or his
designee to remove the same. Removal is required to the extent of
four feet or the width of the sidewalk, whichever is less. These provisions
shall apply to all sidewalks within the Village. The Village Board,
by majority vote, may elect to exempt certain streets or sections
thereof from this section by resolution after public hearing. A list
of such exemptions shall be kept on file with the Chief of Police,
the Village Clerk and the DPW Superintendent.
[Added 4-3-2002 by L.L. No. 4-2002]
No owner, occupant, tenant or any person having
charge or control of any premises, lot or tenement or manufacturing
establishment situated in the Village of Carthage shall suffer or
permit any snow, ice or other substance to be deposited into any of
the public streets of the Village of Carthage, except that such individuals
shall be allowed to deposit snow upon the banks that may already be
established along such streets, provided that such snow is deposited
along the bank on the same side of the street adjacent to the property
from which it is being removed or on adjacent properties with permission
from the property owner being affected, and further provided that
such snow is deposited in a manner that does not cause such snow to
be deposited upon the sidewalks, and further that it does not obstruct
parking or otherwise create a dangerous condition by leaving any accumulation
of snow in the traveled way of the street.
[Amended 10-21-1985 by L.L. No. 10-1985; 8-5-1991 by L.L. No. 2-1991; 9-17-2007 by L.L. No. 9-2007]
A.
Any person committing an offense against any provision of this article shall be subject to penalties set forth in Chapter 5 of the Village of Carthage Code.
B.
In addition to any penalties set forth in Chapter 5 of the Village of Carthage Code, the Village shall be allowed to charge an administrative fee to any individual who fails to remove snow as required by § 120-3, thereby requiring Village crews to remove such snow. The rates to be charged by the Village to do so shall be a minimum of $100 for the first zero to 50 feet and $2 per foot for every foot thereafter. The Village shall bill the property owner for these expenses. If not paid in a timely fashion, they may be added as a special assessment to the next Village tax bill plus an administrative fee of $50 for the first such occasion the snow has to be removed, $150 for a second such occasion that snow needs to be removed within the same snow season and $250 for a third or subsequent violation within the same snow removal season.
[Amended 6-15-2009 by L.L. No. 4-2009]
In addition, if snow, ice or other substance
does so collect and remain on any sidewalk, it shall be lawful for
the Village to cause the same to be removed at the expense of the
owner of said premises. The Village shall charge for such removal
the regular hourly rate then in effect for such service, which shall
be charged to the person in control and shall also be assessed against
the said property and shall be collected, together with interest and
penalties thereon, in the same manner as any other taxes provided
in the Village.
