[HISTORY: Adopted by the Board of Trustees
of the Village of Holley as indicated in article histories. Amendments
noted where applicable.]
[Adopted 11-19-1997 by L.L. No. 8-1997]
It is in the public interest and a matter of
public safety to provide for the regular flow of traffic on public
thoroughfares, and to otherwise regulate the use of skateboards, in-line
skates and roller skates in the Village of Holley, so as to promote
the health and welfare of the citizens of the Village, in particular
young children using these devices on sidewalks and public roads.
As used in this article, the following terms
shall have the meanings indicated:
Shoes, skates or footwear with a single row of roller wheels.
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.
No person shall use or operate a skateboard,
in-line skates or roller skates upon any public streets (including
the entire paved and improved surfaces thereof, including gutter areas,
from curb to curb, where curbs exist), sidewalks or on any public
lands within the Village of Holley:
A.
In a careless manner without due caution and circumspection;
B.
While endangering or in any manner to create a risk
or danger to any person or property; or
C.
In any manner which impedes or interferes with pedestrian
or vehicular traffic. Persons operating a skateboard, in-line skates
or roller skates shall yield the right of way to pedestrians and vehicular
traffic.
D.
By operating, jumping or performing stunts on the
steps or outside the doorways of places or within four feet of the
doorway of any public business or place of meeting.
E.
In violation of any provisions of Article 34 of the
Vehicle and Traffic Law of the State of New York.
A.
Every person operating a skateboard, in-line skates
or roller skates shall operate the same in strict observance of Article
34 of the New York State Vehicle and Traffic Law relating to the operation
of bicycles and play vehicles, except as to those provisions which
by their nature can have no application.
B.
The operator of a skateboard, in-line skates or roller
skates emerging from any alley, driveway or building shall, upon approaching
a sidewalk, yield the right-of-way to all pedestrians on said sidewalk
and any motor vehicles operating in the vicinity of the sidewalk.
C.
Whenever any person shall operate a skateboard, in-line
skates or roller skates upon a sidewalk, such person shall yield the
right-of-way to any pedestrian and shall give audible signal before
overtaking and passing such pedestrian.
D.
No person shall operate a skateboard, in-line skates
or roller skates at nighttime unless he or she is wearing reflective
clothing, which shall be visible from a distance of not less than
300 feet from the front, side and rear when directly in front of the
lawful beams of headlights on a motor vehicle. "Reflective clothing"
shall be defined, for the purposes of this article, as any shirt,
vest or jacket or any other readily visible piece of apparel equipped
with a reflective surface.
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 $25 for the first offense and not
more than $50 for each offense thereafter.
[Adopted 10-12-2004 by L.L. No. 3-2004]
The purpose of this article is to promote safety
by establishing a local law requiring bicycle riders and passengers,
skateboard users and rollerskaters to wear protective gear, thereby
reducing the possibility of injuries and fatalities.
As used in this article, the following terms
shall have the meanings indicated:
Any vehicle with two wheels in tandem, a steering handle,
seat and pedals. This definition includes a bicycle equipped with
temporary training wheels.
Any protective equipment designed or intended to be worn
on the head which complies with the standards of the American National
Standards Institute (ANSI Z 90.4 bicycle helmet standards) or the
Snell Memorial Foundation's Standards for Protective Headgear for
Use in Bicycling. For purposes of this article, the term "wearing
a helmet" shall mean having a helmet of good fit fastened securely
to the head by the use of helmet straps.
See § 95-2.
See § 95-2. This definition shall include scooters, go-peds and other similar variations.
A.
No person operating a bicycle shall carry an infant
under the age of one year as a passenger by any means whatsoever,
including the use of a bicycle seat, body pack or by any other means.
B.
No persons operating a bicycle shall carry as a passenger
any person between the ages of one year and five years unless such
passenger is placed in a separate seat, securely attached to the bicycle
and such seat is capable of retaining the passenger in place and protecting
the passenger from the moving parts of the bicycle.
C.
No person shall operate a two-wheeled bicycle, or
be carried as a passenger, unless such person is wearing a helmet
meeting the standards of the American National Standards Institute
(ANSI) or the Snell Memorial Foundation's Standards for Protective
Headgear for Use in Bicycling.
D.
No person shall use a skateboard or any type of roller
skates unless such person is wearing a helmet meeting the standards
of the American National Standards Institute (ANSI) or the Snell Memorial
Foundation's Standards for Protective Headgear for Use in Bicycling.
A.
Any person who violates any of the provisions of this
article shall, upon conviction, be guilty of a violation and liable
for a civil fine not to exceed $250. In addition, any person who is
a parent or guardian of a minor child, and whose minor child is found
in violation of any of the provisions of this article, shall, upon
conviction, be guilty of a violation and liable for a civil fine not
to exceed $250.
B.
The court may waive any fine for a person who violates
any provision of this article where the court is supplied with proof
that, between the date of the violation and the appearance date for
violation of this section, a person accused of a violation has purchased,
rented or otherwise secured possession of a helmet.
C.
The court may, in its discretion, waive any fine for
which a person who violates the provisions of this article would otherwise
be liable if the court finds that due to reasons of economic hardship
such person was unable to purchase a helmet or due to such economic
hardship such person was unable to obtain a helmet from the statewide
bicycle helmet distribution program as established in § 206 of
the Public Health Law, or other local distribution program.
D.
The failure of any person to comply with the provisions
of this article shall constitute contributory negligence or assumption
of risk and shall not in any way bar, preclude or foreclose an action
for personal injury or wrongful death by or on behalf of such person,
nor in any way diminish or reduce the damages recoverable in any such
action.
