The purpose of this chapter is to protect the public health, safety
and welfare and to protect and preserve certain property of the Village as
herein described from the damage that play devices as herein defined can cause.
The following words and terms shall have the respective meanings as
defined herein when used in this chapter, namely:
IN-LINE SKATE
A footwear device consisting of a shoe or trained upper portion secured
to the foot, the bottom length of such frame or upper portion attached to
two or more wheels that are longitudinally aligned and used for the purpose
of skating, gliding or moving on any hard surface by means of human foot and
leg power.
PLAY DEVICE
An apparatus, not powered by a motor and typically used for recreation
purposes, that transports one or more persons. The term "play device" shall
include, for example, skateboards, roller skates and in-line skates, but shall
not include a bicycle or other two- or three-wheeled device propelled by human
power through a belt, chain or gears as defined in the New York State Vehicle
and Traffic Law.
ROLLER SKATE
A footwear device consisting of a shoe or frame with straps and/or
clamps fastening the foot to one or more rows of small roller wheels mounted
underneath such shoe or frame and extending from the toe to the heel and used
for the purpose of gliding, skating or moving on any hard surface by means
of human foot and leg power.
SKATEBOARD
A narrow board made out of fiberglass, wood or other similar material
with roller wheels or other types of wheels attached underneath to each end
and used for the purpose of riding, gliding or moving on any hard surface
by means of human foot and leg power.
No person shall use, operate, ride or propel any play device involving
skateboard, roller skates or in-line skates on property of the Village known
and described as follows: Village Park also known as "Juckett Park," including
the exterior sidewalks or walkways surrounding the Village Park; the Village
Hall, including, but not limited to all exterior sidewalks, steps, stairways,
walls and paved areas in and around the Village Hall; and the basketball courts
in Derby Park.
The parent or guardian of any child shall not authorize or knowingly
permit such child to violate the provisions of this chapter.
[Amended 10-12-2004 by L.L. No. 6-2004]
Any person who violates any of the provisions of this chapter shall
be subject to a fine not exceeding $250 or imprisonment for a period not exceeding
15 days, or both, for conviction of a first offense; for conviction of a second
offense, both of which were committed within a period of three years, punishable
by a fine of not less than $250 nor more than $500 or imprisonment for a period
not to exceed 30 days, or both; and upon conviction for a third offense or
subsequent offense, all of which were committed within a period of five years,
punishable by a fine of not less than $500 nor more than $750 or imprisonment
for a period not to exceed 60 days, or both.
This chapter shall take effect upon filing with the Secretary of State's
office.