Village of Depew, NY
Erie County
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Table of Contents
Table of Contents
[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.]
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.
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.
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).
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.
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.
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.
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.
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.