[HISTORY: Adopted by the Board of Trustees of the Village
of Depew 3-6-1990 by L.L. No. 3-1990. Amendments noted where applicable.]
GENERAL REFERENCES
Peace and good order — See Ch. 160.
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:
As used herein, has its usual and common meaning. It includes
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 steels 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 of any and every pattern or configuration
and other similar devices, things designed for use for riding a skateboard
upon or above any area.
A.
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.
B.
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).
C.
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.
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 § 192-3, and such parent, guardian or person having legal care, custody or control shall be subject to the penalties prescribed in § 1-10 of this Municipal Code.
In regard to a skateboard ramp on a public street or sidewalk,
if a Police Officer observes them to be a traffic hazard, he may order
their immediate removal and the violator(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 Department of Public
Works shall remove the ramp and if unclaimed within 10 days thereafter,
the ramp shall be deemed abandoned in accordance with the law.
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. A record of said warning shall be kept by the Police Department and the second violation will result in a penalty in as set forth in Subsections B through D.
B.
Upon second violation, the skateboard shall be confiscated for a
minimum period of one week after which the skateboard would be returned
to the parent or guardian of a minor or to any person over the age
of 16 years of age.
C.
Upon the third violation, possession of the skateboard shall be taken
for a minimum of two weeks and an appearance ticket issued, which
would subject the offender's parents, if said offender is under
the age of 16, to a fine of $25, and upon payment of the fine, and
two-week period, the return of the skateboard would be made to the
parent of the minor, or, if over the age of 16, to the offender.
D.
Upon the fourth violation, or subsequent violations thereafter, issuance
of an appearance ticket to the violator, a fine not to exceed $50,
or in lieu of a fine, the presiding Justice of the Court may impose
community service of a period of time upon the violator(s). If a fine
is imposed the parent or guardian shall be so responsible.
If any clause, sentence, paragraph, section or part of this
chapter shall be adjudged by any court of competent jurisdiction to
be invalid, such judgment shall not affect, impair or invalidate the
remainder thereof, but shall be confined in its operation to the clause,
sentence, paragraph, section or part thereof directly involved in
the controversy in which such judgment shall have been rendered.
