[HISTORY: Adopted by the Board of Trustees of the Village of Fair
Haven 5-9-2005 by L.L. No. 1-2005.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law was originally adopted as Ch. 127
but was renumbered to maintain the alphabetical sequence of the Code.
As used in this chapter, the following terms shall have the meanings
indicated:
Any wheeled vehicle intended and designed to be propelled by a foot
on the vehicle at the time of initial propulsion.
A.
No person shall operate or attempt to operate a skateboard,
as defined above, on any sidewalk within the Village of Fair Haven.
B.
It shall be a violation for any person to operate or
attempt to operate a skateboard, as defined above, so as to interfere, obstruct
or disrupt pedestrian and/or vehicular movements upon any public street, public
highway, public way, or any other public place within the Village of Fair
Haven.
C.
No person shall operate or attempt to operate a skateboard,
as defined above, in areas of the Village listed as follows: Central Business
Zoning District and all municipal properties located within the Village of
Fair Haven unless the area is specified for permitted usage.
The New York State Police, the Cayuga County Sheriff's Department
or the New York State Park Police or any of its officers may enforce this
chapter. Any officer who observes a violation of this chapter by any individual
may summons that individual to the Justice Court. Any officer who receives
a complaint of a violation of this chapter from a citizen, after investigating
the complaint and determining that sufficient evidence exists to conclude
that a violation of the chapter occurred, may summons the offender to the
Justice Court.
A.
Any person adjudicated in violation of this chapter shall
be liable for a civil penalty of not less than $25 and not more than $100.
(1)
Any first violation shall receive a written warning and
a copy of this section of the chapter.
(2)
For any violation where the violator is under the age
of 18 the parents or legal guardian will be notified.
(3)
All second and subsequent violations will be summonsed
to the Town of Sterling Justice Court. Any persons so summonsed may waive
all court action by payment of the following amounts within 10 days of the
summons:
(4)
Any person who violates this chapter shall and is summonsed
to the Town of Sterling Justice Court and shall be liable for payment of any
and all costs incurred by the Village in enforcing this section, including
but not limited to court filing fees and reasonable attorney's fees.
All civil penalties collected under this section shall accrue to the
Village of Fair Haven.
Should any portion whatsoever of this chapter be held invalid or unenforceable
for any reason, by any court of competent jurisdiction, such portion shall
be deemed severable, but only to the extent of such holding, and such holding
shall not affect the remaining portions thereof.
This chapter shall take effect upon its proper filing with the Office
of the Secretary of State.
