[Added 6-9-2014 by L.L. No. 3-2014]
In the interest of the health, safety and welfare of the community,
its inhabitants and visitors, the Village deems it necessary to eliminate
skateboarding and similar activity on several roadways in the Village
with steep inclines. These areas have become hazardous due to their
attention for skateboarding activity, and several injuries have been
reported.
For the purpose of this article, the following words shall have
the meanings stated:
A device consisting of an upper portion that is secured to
a human foot, with a frame or chassis attached along the length of
the bottom of such upper portion, with such frame or chassis holding
two or more wheels that are longitudinally aligned and used to skate
or glide by means of human foot and leg power while having such device
attached to each such foot or leg.
Skateboards, in-line skates, roller skates, motorized go-peds,
scooters or other device powered by pedals or other system requiring
the user to exert force in order to be propelled, but excluding devices
for the assistance of the physically disabled.
A shoe with small wheels attached to it, including any form
of in-line wheel configuration.
A short, oblong board with wheels at each end. This definition
shall include scooters, go-pods and other similar variations, motorized
or not.
The Incorporated Village of Plandome.
The prohibitions of this article shall apply to streets and
sidewalks or designated parts thereof in the Village as identified
from time to time, by resolution adopted by the Board of Trustees.
It shall be prohibited for any person to operate a manually
powered device on any public street, highway, sidewalk, steps, parking
lot or garage in the Village unless such person is wearing a helmet
meeting the standards established by the New York State Commissioner
of Motor Vehicles for bicycle users pursuant to New York State Vehicle
and Traffic Law Article 34. For purposes of this section, "wearing
a helmet" means having a helmet of good fit, worn properly and fastened
securely upon the head with helmet straps.
A.
No person may operate a manually powered device on a public street,
highway, sidewalk, steps, parking lot or garage within the Village
in a careless or reckless manner so as to endanger the safety or property
of either the operator or another person.
B.
Operators of a manually powered device shall be subject to traffic
safety rules, regulations and laws.
C.
No operator of a manually powered device shall, while operating the
manually powered device, wear earphones or head gear so as to prevent
or obstruct the hearing of external noises.
D.
Operators of a manually powered device shall wear reflective strips
or day-glo safety reflectors from dusk to dawn so as to make themselves
visible to vehicular traffic.
The parent or the guardian of any minor child shall not authorize
or knowingly permit any such child to violate any of the prohibitions
of this article.
A.
Any person who violates the provisions of this article may have these
devices impounded and, upon conviction thereof, shall pay a civil
fine not to exceed $250. A police officer or other enforcement officer
shall only issue a summons for a violation of this article by a person
less than 16 years of age to the parent or guardian of such person
if the violation by such person occurs in the presence of such person's
parent or guardian and where such parent or guardian is 18 years of
age or more. Such summons shall only be issued to such parent or guardian,
and shall not be issued to the person less than 16 years of age. Any
person who is a parent or guardian of a minor child, and whose minor
child is found in violation of any of the provisions of this article,
shall, upon conviction, be guilty of a violation and liable for a
civil fine not to exceed $250.
B.
The court may waive any civil fine for which a person who violates the provisions of § 160-56 would be liable if such person supplies the court with proof that between the date of violation and the appearance date for such violation such person purchased or rented a helmet.
C.
The court may waive any civil fine for which a person who violates the provisions of § 160-56 if the court finds that due to reasons of economic hardships such person was unable to purchase a helmet.
D.
The failure of any person to comply with the provisions of this article
shall not constitute contributory negligence or assumption of risk,
and shall not in any way bar, preclude or foreclose an action for
personal injury or wrongful death by or on behalf of such person,
nor in any way diminish or reduce the damages recoverable in any such
action.
Code Enforcement Officers of the Village, as well as Nassau
County police officers, shall have the authority to enforce the provisions
of this article.
