Town of Marion, NY
Wayne County
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[HISTORY: Adopted by the Town Board of the Town of Marion 8-3-2001 by L.L. No. 3-2001. Amendments noted where applicable.]
Parks and recreation areas — See Ch. 202.
Off-road vehicles — See Ch. 287.
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 Town Board 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.
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.
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 right side of the roadway or its shoulder.
No person shall use, operate or ride upon any skateboard 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.
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 § 223-3, and such parent, guardian or person having legal care, custody or control shall be subject to the penalties prescribed in § 223-6 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, the police officer 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 officer or the Highway Department shall remove the ramp, and, if unclaimed within 10 days thereafter, said ramp shall be deemed abandoned.
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 officer's department, and the second violation will result in a penalty in accordance with Subsection B through D herein.
Upon second violation. The skateboard shall be confiscated for a minimum period of one week, after which the skateboard 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 shall be confiscated by a police officer 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 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.