Village of Wolcott, NY
Wayne County
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[HISTORY: Adopted by the Board of Trustees of the Village of Wolcott 6-8-1999 by L.L. No. 1-1999. Amendments noted where applicable.]
Parks — See Ch. 109.
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 in-line skates 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:
Skates having two or more small wheels, one behind the other instead of a runner, for skating on roads, sidewalks and hard floors.
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 wheels 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, or any and every pattern or configuration, and other similar devices, things designed for use for riding a skateboard upon or above any area.
Skateboarders and skaters are considered pedestrians, and in addition to the regulations contained herein, all skateboarders and skaters are subject to the rules and regulations contained in Article 27 of the Vehicle and Traffic Law of the State of New York.
No person shall use, or operate or ride on a skateboard or use in-line skates 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 in-line skates 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).
It shall be unlawful for any person to ride a bicycle, skateboard, or in-line skates on the sidewalks on Main Street between the intersections of Main Street and Mill Street and Main Street and Lake Avenue and New Hartford Street.
Where sidewalks are not provided, a skateboard or in-line skates 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 person shall use, operate, or ride upon any skateboard or use in-line skates in municipal public parking lots; or on any sidewalk which is open to the public fronting or adjacent to a business, commercial or retail store or establishment; or on any public sidewalks in front of or adjacent to any privately owned property.
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 in-line skates or propel any skateboard in violation of § 124-3; and such parent, guardian or person having legal care, custody, or control shall be subject to the penalties prescribed in § 124-6 of this chapter.
Parents are encouraged to provide and require the use by their children of safety equipment including a helmet and elbow and knee pads.
If a police officer observes a skateboard ramp on a public street or sidewalk and determines same to be a traffic or pedestrian hazard, he may order the ramp's immediate removal and the offender(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 Police Department or the Department of Public Works shall remove the ramp, and if unclaimed within 10 days thereafter, said 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 or guardians. A record of said warning shall be kept by the Police Department, and the second violation will result in a penalty in accordance with Subsections B through D herein.
Upon second violation: The skateboard or in-line skates shall be confiscated for a minimum period of one week, after which the skateboard or in-line skates will be returned to the parent or guardian of the minor, or to the violator if over the age of 16 years.
Upon the third violation: The skateboard or in-line skates shall be confiscated by the Police Department for a minimum of two weeks, and an appearance ticket issued which will subject the violator, or offender's parents if said violator is under the age of 16, to a civil fine of $25 and confiscation of the skateboard or in-line skates for two weeks, or until said fine is paid, whichever is later.
Upon the fourth violation, or subsequent violations thereafter: Issuance of an appearance ticket to the violator, a civil fine not to exceed $50, and in lieu of a fine, the presiding Justice of the Court may impose a sentence of community service. If a fine is imposed, the parent or guardian of an offender less than 16 years old shall be responsible for payment of said fine.
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.
This chapter shall take effect upon filing in the Office of the Secretary of State.