[HISTORY: Adopted by the Town Board of the Town of Pleasant Valley 4-14-2004
by L.L. No. 1-2004 . Amendments noted where applicable.]
The Pleasant Valley Town Board finds that skateboarding and in-line
skating pose a special safety hazard which must be addressed and that, therefore,
appropriate regulation thereof is necessary to promote the safety of skaters,
pedestrians, motor vehicle operators and other persons utilizing roadways
and sidewalks within the Town. The Pleasant Valley Town Board further finds
that skateboarding and in-line skating have been occurring at the Old Mill
Park and Veterans Memorial site and on the Town Hall grounds and that the
benches, railings, walkways, and other property have been damaged as a result.
Accordingly, the Town Board declares this chapter to be necessary for the
protection of the public health, safety, welfare and public property and to
be in the public interest.
The following words and terms shall have the respective meanings as
defined herein when used in this chapter, namely:
A footwear device consisting of a shoe or trained upper portion secured
to the foot, the bottom length of such frame or upper portion attached to
two or more wheels that are longitudinally aligned and used for the purpose
of skating, gliding or moving on any hard surface by means of human foot or
leg power.
A narrow board made out of fiberglass, wood, or other similar material
with roller wheels or other types of wheels attached underneath to each end
and used for the purpose of riding, gliding or moving on any hard surface
by means of human foot or leg power.
No person shall use or operate a skateboard or in-line skates upon any
public streets (including the entire paved and improved surfaces thereof and
gutter areas, from curb to curb, where curbs exist), sidewalks, curbs, railings,
benches, steps, ramps or other public property within the Town:
A.
In a careless or aggressive manner without due caution;
B.
While endangering, or in any manner creating a risk or
danger to, any other person or property;
C.
In a manner which impedes or interferes with pedestrian
or vehicular traffic;
D.
Without yielding the right-of-way to all pedestrians
and giving an audible signal when overtaking and passing any pedestrian;
E.
Within six feet of any business or commercial structure,
except for purposes of ingress thereto or egress therefrom by foot;
F.
Other than in strict observance of those provisions of
Article 34 of the New York State Vehicle and Traffic Law relating to the operation
of bicycles and in-line skates, except as to those provisions which by their
nature can have no application to this chapter; or
G.
Except in strict compliance with other duly enacted laws,
rules or regulations.
It shall be unlawful to operate skateboards or in-line skates within
the Town of Pleasant Valley at any of the following locations:
A.
The Pleasant Valley Town Hall property, including parking
lots, driveways and sidewalks;
B.
Within the area of the Old Mill Park (also known as Pleasant
Valley Park Green, or Memorial Park, or Old Mill Store Park) located on Main
Street (Route 44) adjacent to the bridge and Wappinger Creek;
C.
All areas within the Town of Pleasant Valley displaying
signs that prohibit such activity.
A.
No person shall operate a skateboard or in-line skates
at night ("night" meaning from 1/2 hour before sundown to 1/2 hour after sunrise)
unless he or she is wearing reflective clothing, which shall be visible from
a distance of not less than 50 feet and a maximum of 300 feet from the front,
side and rear of the skateboard or in-line skates when directly in front of
the lawful beams of the headlights of a motor vehicle.
B.
No person under 14 years of age shall be allowed to operate
a skateboard or in-line skates on the streets or sidewalks of the Town of
Pleasant Valley unless such persons shall be wearing a helmet meeting the
standards of the American National Standards Institute (ANSI Z90.4, Bicycle
Helmet Standards) or the Snell Memorial Foundation Standards for protective
headgear for use in bicycling, and shall, in addition, be wearing kneepads
and elbowpads.
No person shall stand, park or otherwise place in a position of temporary
storage a skateboard or scooter upon a public highway, street, sidewalk, public
walkway or against any building abutting a sidewalk in such a manner that
shall obstruct or render injury to a pedestrian or interfere with vehicular
traffic.
A.
Any person violating any provision of this chapter shall
be guilty of a violation and, upon conviction thereof, shall be subject to
a fine not to exceed $50 for a first offense; for a second offense within
a five-year period, a fine not to exceed $100; and for a third or any subsequent
offense within a five-year period, a fine not to exceed $250.
B.
In the event that a person violating any provision of this chapter shall be under 16 years of age, it shall be the responsibility of the parent, custodian or person having legal guardianship of such person to be certain that the child complies with the provisions of this chapter. If the child does not comply with the provisions of this chapter, then such parent, custodian or legal guardian shall be responsible as if that person had violated this chapter, and the fines set forth in Subsection A of this section shall apply to such parent, custodian or legal guardian.
C.
Any skateboard or in-line skates operated in violation
of any of the foregoing sections of this chapter may be immediately impounded.
The impounding agency shall store such impounded skateboards or in-line skates
in a suitable secure location. No impounded skateboards or in-line skates
may be released until all penalties have been paid.
This chapter may be enforced by any officer of any agency having arrest
authority.
If any part or provision of this chapter or the application thereof
to any person or circumstances be adjudged or invalid by any court of competent
jurisdiction, such judgment shall be confined in its operation to the part
of the provision or application directly involved in the controversy in which
the judgment shall have been rendered and shall not affect or impair the validity
of the remainder of this chapter or the application thereof to other persons
or circumstances, and the Town of Pleasant Valley hereby declares it would
have passed this chapter or the remainder thereof had such invalid application
or invalid provision been apparent.
This chapter shall take effect upon compliance with the applicable provisions
of the Municipal Home Rule Law.
