[HISTORY: Adopted by the Town of Winchester as indicated
in article histories. Amendments noted where applicable.]
[Adopted effective 7-8-1985 (§ 138 of the prior compilation)]
As used in this article, "bicycle," "electric bicycle" and "electric
foot scooter" shall have the meanings set forth in C.G.S. § 14-1.
No person shall ride a bicycle, electric bicycle or electric
foot scooter, including any forward movement of the bicycle, electric
bicycle or electric foot scooter, whether one foot or two feet are
on the pedals or platform, on the sidewalk of Main Street from its
intersection with Park Place West to its intersection with Munro Place.
Whenever any person is lawfully riding a bicycle, electric bicycle
or electric foot scooter upon any sidewalk, such person shall yield
the right-of-way to any pedestrian and shall give audible signal within
a reasonable distance before taking overtaking and passing such pedestrian.
Any person who violates this article shall be guilty of a municipal
infraction and shall be fined $90.
[Adopted by the Board of Selectmen 1-20-2004 (§ 182 of the prior compilation)]
As used in this article, the following terms shall have the
meanings indicated:
Any multi-wheeled skate or boot used for skating on hard
surfaces.
An activity which results in a substantial and unreasonable
interference with the use and enjoyment of another's property.
Any wheeled device consisting of a platform and handle of
metal, wood, plastic, fiberglass or any other material designed to
carry its user in an erect position in a manner similar to that of
a skateboard.
Any wheeled device consisting of a platform or seat of metal,
wood, plastic, fiberglass or any other material designed to carry
its user in an erect, kneeling, sitting or prone position in a manner
similar to that of a small surfboard.
Any ramp, loop, semi-circle, constructed of plywood or any
other material designed for use by riders of skateboards or scooters,
or users of in-line skates, as defined herein.
The imminent threat of physical harm. The term specifically
includes the threat of physical harm to the persons using the wheeled
device as well as to those persons whose physical health may be endangered
by being in close proximity, defined as less than 50 yards, to the
person or persons using the wheeled device.
An unauthorized, intentional invasion of the real property
or personal property of another.
Those devices defined in the definitions of "skateboard,"
"in-line skates" and "scooter" of this article.
A.
No person shall operate a wheeled device upon any property owned
by the Town of Winchester where expressly prohibited by the Recreation
Board or its designated agent.
B.
No person shall operate, attempt to operate or cause to be operated
by a person for whose conduct he or she is legally liable a wheeled
device upon any property of the Town of Winchester or sidewalks of
the Town of Winchester in a manner which is negligent or constitutes
a nuisance, a trespass or threat to public safety. When using a wheeled
device upon any street, the rider shall ride with the flow of traffic
and ride as close to the curb as possible.
C.
No person shall operate, attempt to operate or cause to be operated
by a person for whose conduct he or she is legally liable a wheeled
device upon any private parking lot which is maintained primarily
for the benefit of paying customers and/or which is properly posted,
prohibiting the use of any wheeled devices.
D.
No person shall operate a wheeled device upon a street or sidewalk
during the hours between a half hour after sunset and a half hour
before sunrise without wearing a reflective device on both the front
and back of the rider.
E.
The operator of a wheeled device emerging from an alley, driveway
or building shall, upon approaching a sidewalk or the sidewalk area
extending across any alleyway, yield the right-of-way to all pedestrians
approaching on said sidewalk or sidewalk area, and upon entering the
roadway shall yield the right-of-way to all vehicles and pedestrians
approaching on said roadway. Whenever any person is riding a wheeled
device upon a sidewalk, such person shall yield the right-of-way to
any pedestrian and shall give an audible signal before overtaking,
and shall not otherwise endanger or interfere with normal pedestrian
traffic on those sidewalks.
F.
No more than one person shall ride upon and/or operate a skateboard
or scooter at the same time.
G.
No person shall erect or maintain any skateboard device on any state
or Town highway, sidewalk adjacent thereto or any Town property within
the corporate limits of the Town of Winchester except where expressly
permitted by the Recreation Board or its designated agent.
The parent or guardian of any minor child shall not authorize
nor knowingly permit any such child to violate this article.
A.
Violations of this article shall be dealt with in the following manner:
(1)
First offense. A warning letter will be sent to the parent or guardian
of a minor child who violates this article, or to the person who violates
the article if not a minor, by the Chief of Police.
(2)
Subsequent offense(s). Any person violating any provision of this
article a subsequent time shall be fined not more than $90.
B.
The above provisions regarding a warning letter for the first offense
shall not constitute a waiver of liability for all first offenses.
If, in the discretion of the Chief of Police, Winchester police officer
or other authorized law enforcement official, the first offense is
a serious one, involving personal injury and/or property damage, the
matter may be treated as a subsequent offense or an arrest may be
made for violation of any other applicable provision of the Connecticut
General Statutes.
This article is in addition to any laws of the State of Connecticut
that may apply to actions set forth herein.
Should any provisions of this article be declared invalid for
any reason, such declaration shall not affect the validity of other
provisions or of this article as a whole, it being the legislative
intent that the provisions of this article shall be severable and
that the balance of this article shall remain valid notwithstanding
such declaration.
