[HISTORY: Adopted by the Board of Trustees of the Village of Newark 5-21-1991
by L.L. No. 2-1991, as amended through 11-19-1996
by L.L. No. 4-1996. Subsequent amendments noted where applicable.]
The purpose of this chapter is to protect the public health, safety
and welfare because of the hazards to the public, and the users of skateboards
and annoyance to the public in the places that are public or open to the public.
The Board of Trustees finds that the regulations hereafter enacted are such
that are reasonably necessary to accomplish these objectives.
As used in this chapter, the following terms shall have the meanings
indicated:
A single platform maintained on wheels, designed or suitable, or
in fact used, for riding underfoot, or a board with roller skate wheels or
other similar wheels attached to the underside without a mechanism
or other device for steering while being used, operated or ridden.
Includes all ramps commonly referred to as such platforms constructed,
or contriving surfaces, or any and every pattern or configuration, and other
similar devices; things designed for use for riding a skateboard upon or above
any area.
A.
Skateboarders are considered pedestrians, and in addition
to the regulations contained herein, all skateboarders are subject to the
rules and regulations contained in Article 27 of the Vehicle and Traffic Law
of the State of New York.
B.
No person shall use, or operate or ride on a skateboard
in a careless manner without due caution and circumstances, or while endangering
or in any manner to create a risk or danger to any person or property, or
in any manner to impede or interfere with pedestrian or vehicular traffic.
C.
No person shall use or propel any skateboard on any public
street where a sidewalk exists, and when using said sidewalk, said use is
restricted so as not to endanger the use of said sidewalk(s) by any pedestrian(s).
D.
Where sidewalks are not provided, a skateboard may be
used in the street as close to the curb as possible on the left side of the
roadway or its shoulder, facing traffic which may approach from the opposite
direction.
E.
No person shall use, operate or ride upon any skateboard
in municipal public parking lots A, C, E, F, H, M, N and P; or upon the sidewalks
in the Newark Plaza; or on any sidewalk which is open to the public fronting
or adjacent to a business, commercial or retail store or establishment; or
on any public sidewalks in front of or adjacent to any privately owned property.
A.
No parent, guardian or any other person having the legal care, custody or control of any child under the age of 16 years shall allow or permit such child to use or propel any skateboard in violation of § 137-3; and such parent, guardian or person having legal care, custody or control shall be subject to the penalties prescribed in § 137-6 of this chapter.
B.
Parents are encouraged to provide and require the use
by their children of safety equipment, including a helmet and elbow and knee
pads.
If a police officer observes a skateboard ramp on a public street or
sidewalk and determines same to be a traffic or pedestrian hazard, the police
officer may order the ramps immediate removal, and the offender(s) shall be
given the opportunity to remove the ramp to a lawful place. If the ramp is
not so removed, or notice cannot be given for any reason, the Police Department
or the Department of Public Works shall remove the ramp and if unclaimed within
10 days thereafter, said ramp shall be deemed abandoned in accordance with
the chapter.
A.
Where a first violation of the chapter is observed by a police officer, in the first instance, said police officer shall issue a written warning to the violator, and, if said violator is under 16 years of age, said warning shall be issued to his or her parents or guardians. A record of said warning shall be kept by the Police Department, and the second violation will result in a penalty in accordance with Subsections B through D herein.
B.
Upon second violation. The skateboard shall be confiscated
for a minimum period of one week, after which the skateboard will be returned
to the parent or guardian of the minor, or to the violator if over the age
of 16 years.
C.
Upon the third violation. The skateboard shall be confiscated
by the Newark Police Department for a minimum of two weeks, and an appearance
ticket issued which will subject the violator, or offender's parents
if said violator is under the age of 16, to a civil fine of $25 and confiscation
of the skateboard for two weeks, or until said fine is paid, whichever is
later.
D.
Upon the fourth violation, or subsequent violations thereafter.
Issuance of an appearance ticket to the violator, a civil fine not to exceed
$50, and in lieu of a fine, the presiding Justice of the Court may impose
a sentence of community service. If a fine is imposed, the parent or guardian
of an offender less than 16 years old shall be responsible for payment of
said fine.
