[HISTORY: Adopted by the Board of Trustees
of the Village of Patchogue as indicated in article histories. Amendments
noted where applicable.]
[Adopted 3-28-1960 by Ord. No. 8.3 of the Unified Code of Ordinances of 1960 (Ch. 30, Art. I, of the
1968 Code); amended in its entirety 3-9-2020 by L.L. No. 2-2020]
No person shall propel or ride any bicycle, pedicab or other
such vehicle of propulsion over, along or upon any sidewalk in the
Village. No person shall stand, store or otherwise place any bicycle
or other such vehicle upon any highway, street, sidewalk or against
any building abutting a sidewalk so as to obstruct or interfere with
pedestrian or vehicular traffic.
A.
Pursuant to New York State Vehicle and Traffic Law § 1231,
every person riding a bicycle upon a roadway shall be granted all
the rights and shall be subject to all the duties applicable to the
driver of a vehicle.
B.
Every person operating a bicycle upon a roadway shall ride as near
to the right side of the roadway as practicable, and with the flow
of traffic, obeying all traffic rules applicable to vehicles and exercising
due care when passing a standing vehicle or one proceeding in the
same direction.
No person shall operate a bicycle:
A.
Without due regard for the personal safety or the safety and rights
of pedestrians and drivers and occupants of all other vehicles, and
so as to endanger the life, limb and property of any person while
in the lawful use of the streets or sidewalks or any other public
or private property.
B.
Without exercising reasonable and ordinary control over such bicycle.
C.
By trick riding or in a weaving or zigzag course, unless such irregular
course is necessary for safe operation in compliance with the law.
D.
By attaching the bicycle or themselves to any vehicle being operated
upon a roadway.
E.
By operating the bicycle while, at the same time, also operating
a cellular phone, camera or other electronic device.
In addition to any other penalties imposed by law, whenever
a person operates a bicycle in violation of the Village Code, the
bicycle may be seized by any member of the Suffolk County Police Department
or Village of Patchogue Code Enforcement Office and impounded. A bicycle
so impounded will be surrendered to the owner or, if the owner is
a minor, to the parents or guardians of such minor, only upon final
disposition of any charges or the payment of any fines levied for
all violations of this Village Code. A complete record of each such
impounding shall be kept in the office of the head of Code Enforcement.
Bicycles operated on the public streets or highways of the Village
shall be equipped as required by Vehicle and Traffic Law § 1236.
An operator of a pedicab or similar vehicle shall not:
Any person who violates this article or fails to comply with any of its requirements shall, upon conviction thereof, be subject to the penalties provided in § 1-1 of the Code of the Village of Patchogue.
[Adopted 5-8-1989 by L.L. No. 6-1989;
amended in its entirety 7-22-2002 by L.L. No. 10-2002 (Ch. 30, Art. II,
of the 1968 Code)]
This article shall apply to the operation and/or
placement of skateboards, roller skates, roller blades or push mobiles
upon designated highways, sidewalks, parking lots within the Village
of Patchogue.
No person shall stand, store or otherwise place
any skateboard, roller skates, roller blades or push mobiles upon
a highway, street, sidewalk or against any building abutting a sidewalk
so as to obstruct or interfere with pedestrian or vehicular traffic.
No person shall operate a skateboard, roller
skates, roller blades or push mobiles upon any sidewalk, municipal
parking lot, street or Village-owned property situated in the Central
Business District, to wit:
A.
Main Street from Atlantic Avenue to Bay Avenue.
B.
North Ocean Avenue from Thorne Street to Main Street.
C.
South Ocean Avenue from Main Street to Division Street/Baker
Street.
D.
Havens Avenue from Lake Street to Main Street.
E.
County Road 83 Roe Boulevard to Main Street.
F.
Waverly Avenue from Main Street to intersection of
County Road 83.
G.
West Avenue from Main Street to Division Street.
H.
Route 112 from Lakewood Street to Main Street.
I.
Oak Street from Route 112 to North Ocean Avenue.
J.
Terry Street from Rider Avenue to South Ocean Avenue.
K.
Maple Avenue from Oak Street to Main Street.
L.
Rider Avenue from Main Street to Baker Street.
M.
Church Street from Railroad Avenue to South Ocean
Avenue.
N.
Railroad Avenue from Main Street to Septon Street.
O.
Lake Street from North Ocean Avenue to County Road
83.
[Amended 9-10-2007 by L.L. No. 14-2007]
A.
Any person or persons violating any provision of this
chapter shall be guilty of an offense and shall forfeit and pay a
fine not to exceed $25 for each and every offense.
B.
Any regulated vehicle operated in violation of this
chapter may be immediately impounded. The Village shall store such
impounded vehicles in a suitable, secure location. No impounded vehicle
may be released until all storage costs and fees have been paid and,
where applicable, the vehicle is received by the parent or guardian
of a minor child. The violator, or the violator's parent or guardian,
shall be responsible for the payment of all such costs and fees. The
per diem storage fee and the impound fee shall be as set from time
to time by resolution of the Board of Trustees.[1][2]
C.
Any regulated vehicle not redeemed within 30 days
shall become the property of the Village of Patchogue and may be disposed
of according to law.
[Added 9-10-2007 by L.L. No. 14-2007]
The provisions hereof applicable to skateboards,
roller skates, roller blades and push mobiles ("regulated vehicles")
shall apply whenever a regulated vehicle is operated on any street
or upon any highway or upon any sidewalk or at any other place where
pedestrians walk or may walk, whether public or private, identified
herein within the jurisdiction of the Village of Patchogue.
A.
Other roads and highways. Every person operating any
vehicle regulated under this article upon a highway or road, dedicated
or otherwise, shall operate the same in strict observance of all laws
applicable to a vehicle and the use thereof and in compliance with
all rules of the road applicable to the operation of a vehicle and
in compliance with all traffic rules or regulations for the operation
of a vehicle.
B.
Vehicles emerging from alleys, driveways and buildings.
The operator of a regulated vehicle emerging from any alley, driveway
or building shall, upon approaching a sidewalk, roadway or parking
area, yield the right-of-way to all pedestrians approaching or walking
within such areas.
C.
Standing, storage or parking of regulated vehicles.
No person shall stand, park or otherwise place in a position of temporary
storage a regulated vehicle upon a highway, street, sidewalk or against
any building abutting a sidewalk in such a manner which may obstruct
or render injury to a pedestrian or interfere with vehicular traffic.
D.
Operation on sidewalks.
(1)
No person shall ride any regulated vehicle upon a
sidewalk within any business district.
(2)
Whenever any person shall operate any regulated vehicle
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.
[Added 9-10-2007 by L.L. No. 14-2007]
The Village shall be authorized to enforce the
provisions of this article upon private property where the property
owner of record has placed on file an authorization and consent with
the Village Clerk for the enforcement hereunder. Said authorization,
consent and waiver form shall be made upon forms prepared by the Village
Clerk for such purpose, and designating those area or areas within
which enforcement may be made by the Village.
[Added 9-10-2007 by L.L. No. 14-2007]
A.
No person shall operate a regulated vehicle at nighttime
unless he or she is wearing reflective clothing, which shall be visible
from a distance of not less than 50 feet and a maximum of 300 feet
from the front, side and rear of the skateboard when directly in front
of the lawful beams of a headlight on a motor vehicle.
B.
"Reflective clothing" shall be defined, for the purposes
of this article, as any shirt, vest, jacket or any other readily visible
piece of apparel equipped with a reflective surface, such as phosphorescent
tape or an equivalent reflective surface.
[Added 9-10-2007 by L.L. No. 14-2007]
A.
The parent or lawful guardian of any minor child shall
not authorize or knowingly permit any such child to violate any of
the provisions of this article.
B.
The parent or lawful guardian of any minor child found
to be in violation of this article shall be deemed to have authorized
or knowingly permitted such child to violate the provisions hereof
and shall be responsible for such violation.
