[HISTORY: Adopted by the Common Council of the City of Ithaca 7-7-1999
by Ord. No. 99-6. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
Performing acrobatic stunts, wheelies, flips or any other activity
in which the feet of the operator leave the skateboard.
A device for riding upon, usually while standing or sitting, consisting
generally of an oblong piece of wood or other materials mounted on skate wheels
and propelled solely by the force of its rider. The definition of the term
"skateboard" shall not be construed to include bicycles, roller skates, roller
blades, wheelchairs or any other device intended to be used to provide transportation
for any disabled person.
A.
It shall be unlawful to operate skateboards in any manner
in public parking garages, ramps and parking lots within the city limits.
B.
It shall additionally be unlawful to operate skateboards in any manner on the Secondary Commons as such is defined in the Code of the City of Ithaca at § 157-3.
C.
It shall further be unlawful to operate skateboards on
the sidewalks in the Titus Towers area, specifically on Wood Street between
Plain Street and Meadow Street; on Fair Street between South Street and Wood
Street; and on South Street between Fair Street and Meadow Street.
It shall be unlawful to operate skateboards on public property in any
manner for the purpose of recreation within the City of Ithaca except in any
skateboard parks and other areas specifically designated by the City of Ithaca
for recreational skateboard purposes.
The operation of skateboards for the purpose of transportation only, other than in those areas specifically prohibited in § 278-2 of this chapter, shall be permitted under the following conditions:
A.
Skateboards may be operated upon the public roadways
subject to New York State Vehicle and Traffic Law Article 34, and upon sidewalks
and in bicycle lanes within the city limits, where not otherwise prohibited
by ordinance, law or regulation.
B.
The operator of a skateboard, when operated on the sidewalks
within the city limits, shall maintain a distance of at least five feet from
any pedestrian and maintain a speed of no more than five miles per hour.
C.
No person riding upon any skateboard shall attach the
same or him/herself to any vehicle being operated on a roadway.
D.
Upon all roadways, any skateboards shall be operated
on a usable bicycle lane or, if a usable bicycle lane has not been provided,
near the right-hand curb or edge of the roadway or upon a usable right-hand
shoulder in such a manner as to prevent undue interference with the flow of
traffic, except when preparing for a left turn or when reasonably necessary
to avoid conditions that would make it unsafe to continue along near the right-hand
curb or edge. Conditions to be taken into consideration include, but are not
limited to, fixed or moving objects, vehicles, bicycles, in-line skates, pedestrians,
animals, surface hazards or traffic lanes too narrow for a person on a skateboard
and a vehicle to travel safely side-by-side within the lane.
E.
Persons riding upon a roadway shall not ride more than
two abreast. Persons riding upon a shoulder or a bicycle lane or bicycle path
intended for the use of bicycles may ride two or more abreast if sufficient
space is available, except that when passing a vehicle, a bicycle or a person
on in-line skates, another skateboarder or a pedestrian standing or proceeding
along such shoulder, lane or path, persons riding skateboards shall ride single
file. Persons riding skateboards upon a roadway shall ride single file when
being overtaken by a vehicle.
F.
No person shall skate or glide on a skateboard on a roadway
during the period of time between 1/2 hour after sunset and 1/2 hour before
sunrise, unless such person is wearing readily visible reflective clothing
or material which is of light or bright color.
A.
Violation of any of the provisions of this chapter, if
committed by a person 16 years of age or older, shall be punished as follows:
(1)
First offense: any person convicted of a violation of
this chapter shall be punished by a fine of $50 (to include all costs and
assessments). The court may authorize community service in lieu of all or
part of this fine.
(2)
Second offense: any person who violates this chapter
a second time within a five-year period shall be guilty of a misdemeanor,
punishable by a fine not less than $50 nor more than $100. The court may authorize
community service in lieu of all or part of this fine.
(3)
Third or subsequent offense. Any person who violates
this chapter a third or more times within a five-year period shall be guilty
of a misdemeanor, punishable by a fine of not less than $100 nor more than
$250 or by imprisonment in jail not to exceed 15 days. The court may authorize'
community service in lieu of all or part of the fine.
B.
Violation of any of the provisions of this chapter, if
committed by a person less than 16 years of age shall result in a written
warning with a copy of the same being sent to such person's parents or
guardian.
It shall be the duty of the City of Ithaca Police Department to enforce
the provisions of this chapter. Additionally, any peace officer shall have
authority to enforce the provisions of this chapter.
This chapter shall take effect on August 15, 1999, and in accordance
with law upon publication of a notice as provided in the Ithaca City Charter.
