[HISTORY: Adopted by the Board of Trustees
of the Village of Waverly 3-27-2007 by L.L. No. 2-2007.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law was adopted
as Ch. 58 but was renumbered to maintain the alphabetical sequence
of the Code.
As used in this chapter, the following terms
shall have the meanings indicated:
Shoes, skates, or footwear with a single row of 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, with or without a
mechanism or other device for steering while being used, operated
or ridden.
A.
No persons shall use or operate a skateboard, in-line
skates, or roller skates in the Central Business District 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 of the Village of Waverly within the Central
Business District. The Central Business District is defined to encompass
the following area:
(1)
Broad Street from Route 220 to Cayuta Avenue.
(2)
Fulton Street from the New York State line to the
northern boundary of 442 Fulton Street.
(3)
Elizabeth Street.
(4)
Waverly Street from Broad Street to the northern boundary
of 445 Waverly Street.
(5)
DePumpo Lane.
(6)
Park Avenue from Broad Street to the southern boundary
of 420 Park Avenue.
(7)
Pennsylvania Avenue from Broad Street to the southern
boundary of 416 Pennsylvania Avenue.
(8)
Clark Street from Broad Street to the southern boundary
of 424 Clark Street.
(9)
Spaulding Street from Broad Street to the southern
boundary of 422 Spaulding Street.
(10)
Loder Street from Broad Street to the southern
boundary of 409 Loder Street.
(11)
Johnson Street from Broad Street to the southern
boundary of 6 Johnson Street.
B.
No persons 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 Waverly:
(1)
In a careless manner without due caution and circumspection.
(2)
While endangering, or in any manner to create a risk
or danger to, any person or property.
(3)
In any manner to impede or interfere with pedestrian
or vehicular traffic.
(4)
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.
C.
No persons shall knowingly use or operate a skateboard,
in-line skates, or roller skates upon parking lots of churches or
businesses.
D.
Every person shall abide by the following safety regulations:
(1)
Every person operating a skateboard, in-line skates,
or roller skates shall operate in the same 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.
(2)
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.
(3)
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 an audible signal
before overtaking and passing such pedestrian.
(4)
No person shall operate a skateboard, in-line skates,
or roller skates at nighttime unless he or she is wearing reflective
clothing which is visible from a distance of not less than 50 feet
and a maximum of 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 section, as any
shirt, vest, or jacket or any other readily visible piece of apparel
equipped with a reflective surface.
(5)
Persons under the age of 14 operating a skateboard,
in-line skates, or roller skates shall wear a protective helmet.
A.
It is a violation for any person to do any act or
fail to perform any act required by this chapter.
B.
It shall be unlawful and a violation of this chapter
for a parent, as defined herein, having legal custody of a minor,
knowingly to permit or by inefficient control to allow such minor
or such child or ward to violate any of the provisions of this chapter.
The term "knowingly" includes knowledge which a parent should reasonably
be expected to have concerning the location or whereabouts of a minor
in that parent's legal custody. It is intended to continue to keep
neglectful or careless parents up to a reasonable community standard
of parental responsibility through an objective test. It shall be
no defense that a parent was completely indifferent to the activities
or conduct or whereabouts of such minor.
C.
Any police officer or peace officer who issues an
appearance ticket and/or other accusatory instrument to any person
alleged to be in violation of this chapter shall be authorized to
confiscate such skateboard, in-line skates, or roller skates as evidence
pending prosecution hereunder.
D.
If the skateboard, in-line skates, or roller skates
has been confiscated by a peace officer or police officer as set forth
herein, the owner or parent of a minor child thereof may demand a
hearing for the return of such skateboard, in-line skates, or roller
skates by making a written application to the Village Court, provided
such written application is made within five days of the date such
skateboard, in-line skates, or roller skates are confiscated. The
Court shall hold such hearing within five business days of the date
it receives the request thereof. The court can authorize the retention
of the play vehicle if it finds, by a preponderance of the evidence,
the following:
(1)
Probable cause to believe that the person charged
with the violation of this chapter was operating such play vehicle
in violation thereof; and
(2)
The skateboard, in-line skates, or roller skates confiscated
by the police officer or peace officer was/were the skateboard, in-line
skates, or roller skates used by the accused on the date and time
charged.
E.
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.
A.
Penalties.
[Amended 9-23-2008 by L.L. No. 1-2008]
(1)
Every person violating any provision of this chapter
shall be guilty of a violation upon conviction thereof, and shall
be subject to a fine:
(a)
First offense: up to $250 and/or up to 15 days
in jail.
(b)
Second offense for the same violation within
two-year period: minimum fine of $100 and up to $350 and/or up to
15 days in jail.
(c)
Third offense for the same violation within
two-year period: minimum fine of $200 and up to $700 and/or up to
15 days in jail.
(d)
Fourth offense for the same violation within
two-year period: minimum fine of $300 and up to $1,000 and/or up to
15 days in jail.
(2)
Subsequent violations. If a period of two or more
years has passed since the defendant's last conviction for violating
provisions of this chapter, a subsequent conviction will be subject
to a first offense fine.
B.
Any person having been found guilty of a violation
of this chapter shall be subject to the Court ordering that upon conviction
the skateboard, in-line skates, or roller skates used in the commission
of the offense be impounded for a period of 30 days after a first
conviction and for a period of 60 days after a second and each subsequent
conviction.
C.
In addition to any other remedies or penalties that
may be imposed, a violation of this chapter shall entitle the Board
of Trustees to undertake a remedy to repair any damage to public property
caused by the violation of any section or provision of this chapter,
and the actual disbursements and expenses therefor shall be added
to the fine(s) set forth in this chapter. This provision shall be
in addition to any other provisions, penalties, or powers available
to the Village for enforcement of this chapter.
