[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.
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:
A.
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.
B.
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.
A.
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.
B.
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.
