[HISTORY: Adopted by the Board of Trustees of the Village
of Woodridge 8-16-2010 by L.L.
No. 3-2010 (Ch. 117 of the 1992 Code). Amendments
noted where applicable.]
It is hereby declared the policy of the Village of Woodridge
to provide for the safety, health and general welfare of the residents
of the Village and the users of its streets, sidewalks and public
parking areas within the Village and to prevent them from sustaining
personal injury or property damage as a result of use and operation
of skateboards within the Village.
As used in this chapter, the following terms shall have the
meanings indicated:
A lot or part thereof used for the parking of motor vehicles
by the general public, including but not limited to the parking areas
owned by the Village, schools, places of worship and commercial establishments.
A single platform which is mounted on wheels, having no mechanism
or other device with which to steer or control the direction of movement
thereof while being used, operated, or ridden.
No person shall use, operate or ride upon any skateboard upon
any public street or sidewalk or on any public land within the Village
of Woodridge:
A.
In a careless manner without due caution and circumspection.
B.
While endangering, or in any manner creating a risk or danger to,
any person or property.
C.
In any manner to impede or to interfere with pedestrian or vehicular
traffic.
D.
By operating, jumping or performing stunts on the steps or outside
the doorways of places or within four feet of the doorway of any public
business or place of meeting.
Every person shall abide by the following safety regulations:
A.
Every person operating a skateboard shall operate it in the same
strict observance of Article 34 of the New York State Vehicle and
Traffic Law relating to the operation of bicycles and play vehicles,
except as to those provisions which by their nature are inapplicable.
B.
The operator of a skateboard emerging from any alley, driveway, or
building shall, upon approaching a sidewalk, yield the right-of-way
to all pedestrians on said sidewalk and any motor vehicles operating
in the vicinity of the sidewalk.
C.
Whenever any person shall operate a skateboard upon a sidewalk, such
person shall yield the right-of-way to any pedestrian and shall give
an audible signal before overtaking and passing such pedestrian.
D.
No person shall operate a skateboard at nighttime unless he or she
is wearing reflective clothing which is visible from a distance of
not less than 50 feet and a maximum of 300 feet from the front, side
and rear when directly in front of the lawful beams of headlights
on a motor vehicle. "Reflective clothing" shall be defined, for the
purposes of this section, as any shirt, vest, or jacket or any other
readily visible piece of apparel equipped with a reflective surface.
A.
It is a violation for any person to do any act prohibited by or fail
to perform any act required by this chapter.
B.
It shall be unlawful and a violation of this chapter for a parent,
defined herein as having legal custody of a minor, knowingly to permit
or by insufficient control to allow such minor or such child or ward
to violate any of the provisions of this chapter. The term "knowingly"
includes knowledge which a parent should reasonably be expected to
have concerning the location or whereabouts of a minor in that parent's
legal custody. It is intended to continue to keep neglectful or careless
parents up to a reasonable community standard of parental responsibility
through an objective test. It shall be no defense that a parent was
completely indifferent to the activities or conduct or whereabouts
of such minor.
C.
Any police officer or peace officer who issues an appearance ticket
and/or other accusatory instrument to any person alleged to be in
violation of this chapter shall be authorized to confiscate such skateboard
as evidence pending prosecution hereunder.
D.
If the skateboard has been confiscated by a peace officer or police
officer as set forth herein, the owner or parent of a minor child
thereof may demand a hearing for the return of such skateboard by
making a written application to the Village Court, provided such written
application is made within five business days of the date such skateboard
is confiscated. The Court shall hold such hearing within five business
days of the date it receives the request thereof. The Court can authorize
the retention of the skateboard if it finds, by a preponderance of
the evidence, the following:
A.
Every person violating any provision of this chapter shall be guilty
of a violation upon conviction thereof, and shall be subject to a
fine:
(1)
For the first offense: $100 with no jail time.
(2)
For the second offense for the same violation within a two-year period:
a minimum fine of $100 and up to $350 and/or up to 15 days in jail.
(3)
For the third offense for the same violation within a two-year period:
a minimum fine of $200 and up to $700 and/or up to 15 days in jail.
(4)
For the fourth offense for the same violation within a two-year period:
a minimum fine of $300 and up to $1,000 and/or up to 15 days in jail.
B.
Any person having been found guilty of a violation of this chapter
shall be subject to the Court ordering that, upon conviction, the
skateboard used in the commission of the offense be impounded for
a period of 30 days after a first conviction and for a period of 60
days after a second and each subsequent conviction.
C.
In addition to any other remedies or penalties that may be imposed,
a violation of this chapter shall entitle the Board of Trustees to
undertake a remedy to repair any damage to public property caused
by the violation of any section or provision of this chapter, and
the actual disbursements and expenses therefor shall be added to the
fine(s) set forth in this chapter. This provision shall be in addition
to any other provisions, penalties, or powers available to the Village
for enforcement of this chapter.
