[HISTORY: Adopted by the Mayor and Council of New Castle 6-8-1999 by Ord. No. 387. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- Any person who has not reached his or her eighteenth birthday.
- PUBLIC PLACE
- Any place which is open and available to public use, occupation, passage or traffic, whether owned by a public or private entity, and including all streets, lanes, ways, alleys, sidewalks, parking lots, parks, plazas, tennis courts, basketball courts, playgrounds and school yards. In addition to its ordinary meaning, "public place" shall also include all benches, monuments, steps and railings located within the City of New Castle.
- A relatively flat piece of wood, metal, fiberglass or other material, usually ranging from 4 to 18 inches in width and from 12 to 36 inches in length, to which wheels are attached for the purpose of skateboarding. The term "skateboard" shall not include roller skates or in-line skates ("roller blades") which consist of shoes or boots to which wheels are attached for skating.
- The act of pushing, propelling or riding a skateboard.
It shall be unlawful for any person to skateboard in, on or over any public place in the City of New Castle, except as provided in § 197-3 of this chapter.
The City Council may, by resolution, designate specific public places and/or specific days and times when skateboarding will be permitted, provided that:
The Council shall, at the written request of the legal owner of any public place, designate such place as a place where skateboarding shall be permitted for such days and times as requested in writing by the owner thereof, unless the City Council specifically determines that, under the circumstances, the public place so requested presents such a potential risk to other members of the public or skateboarders as to warrant denial of such request.
The Council shall not, without the written consent of the legal owner of any public place, designate such place as a place where skateboarding shall be permitted.
First offense; warning, Any person observed by any police officer violating this chapter shall be issued a written warning. If such person is a juvenile, a copy of such written warning shall be delivered or mailed to such juvenile's parents or lawful guardians at their last known address.
Second and subsequent violations. Any person having previously been issued a written warning under Subsection A who is observed violating this chapter a second subsequent time shall, upon conviction, forfeit and pay a fine of not less than $25 nor more than $100, plus court costs and Victim's Compensation Fund Assessment, if applicable. If such person is a juvenile, a copy of the charges shall be delivered or mailed to such juvenile's parents or lawful guardians at the parent or guardian's last known address.
It shall be unlawful for any parent or other person having legal custody of a juvenile ("legal guardian") knowingly to permit, or fail to take reasonable measures to prevent the juvenile from repeatedly violating this chapter. The term "knowingly" includes knowledge that a parent or legal guardian should reasonably be expected to have concerning the activities of juveniles in that parent's/guardian's custody. This requirement is intended to hold a neglectful or careless parent or legal guardian to a reasonable community standard of parental responsibility through an objective test. It shall, therefore, be no defense that a parent or legal guardian was completely indifferent to the activities or conduct of such juvenile. Thus, where any juvenile shall be found guilty by a court of competent jurisdiction of violating this chapter a third or subsequent time (counting the first offense warning provided for in Subsection A as a "first violation"), such parent or legal guardian, as the case may be, shall be charged with knowingly permitting the juvenile's unlawful conduct in violation of this chapter and shall, upon conviction, pay a penalty of not less than $25 nor more than $100, plus court costs and Victim Compensation Fund Assessment if applicable.