Users of skateboards and other similar devices within the corporate limits of the city shall be subject to the rules and regulations prescribed by this section.
(A) Definition. For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
SKATEBOARDS AND OTHER SIMILAR DEVICES. Includes any non-motorized object which contains wheels and is propelled by an individual for purposes of transporting that individual any distance. Such a description shall include, but not be limited to: Skateboards; roller-skates; cross-country skies with wheels; and roller blades. This definition shall specifically exclude wheelchairs when used as intended.
(B) Rules and regulations of skateboards and other similar device users. No person shall ride a skateboard or other similar device in any public place within the city, except where specifically authorized by this section, or in any public place within the city without complying with the rules and regulations of this section.
(1) Prohibited use of skateboards and other similar devices on all city streets.
(a) No person shall ride a skateboard or other similar device on any street except when crossing a street.
(b) The laws governing pedestrians crossing streets shall apply to any person crossing the street riding a skateboard or other similar device.
(c) Any person crossing a street while riding a skateboard or other similar device shall come to a complete stop and give the right-of-way to all vehicular traffic before crossing said street.
(d) Any person crossing a street while riding a skateboard or other similar device shall exercise due care for his, her or their own safety and the safety of other persons.
(e) Any person crossing a street while riding a skateboard or other similar device shall yield the right-of-way to pedestrians at all crosswalks.
(f) No person crossing a street while riding a skateboard or other similar device shall travel too fast for the existing conditions, including weather, lighting and the presence of construction or repair work.
(2) Skateboards and other similar devices on sidewalks.
(a) No person shall ride a skateboard or other similar device on any city sidewalk in the following areas of the city:
1. Areas zoned for business designation, including shopping centers, roadside and their respective parking lots;
2. Properties of hospitals, nursing homes, fire stations, churches, synagogues and schools, including their respective parking lots;
3. Areas zoned for industrial designation, including manufacturing facilities and their respective parking lots;
4. Areas zoned for multi-family residential, including apartment complexes and buildings; and
5. Sidewalks and public access areas where specifically posted, including certain areas of parks such as on or around gazebos and structures designated for specific other uses.
(b) Persons may ride skateboards and other similar devices on sidewalks in the following areas of the city:
1. Areas zoned for residential designation, except multi-family apartment complexes and buildings;
2. Areas zoned for planned unit development and used as single- and two-family residential, excluding multi-family, commercial and industrial; and
3. Areas zoned for agricultural designation.
(c) Persons who ride a skateboard or other similar device on sidewalks where permitted must at all times exercise due care for the safety of other persons using the sidewalks.
(d) Persons who ride a skateboard or other similar device on sidewalks where permitted must at all times yield the right-of-way to pedestrians and give pedestrians audible warnings before overtaking and passing them.
(C) Warning notices, citations and penalties.
(1) The provisions of this section shall be enforced by officers of the Police Department, as agents of and for the city.
(2) Anyone violating the provisions of this section shall be asked to abide by the governing rules and regulations. If the individual refuses to do so, he or she will be issued a written warning notice.
(3) The written warning notice issued in accordance with this section shall contain the date, time, name, age, and address of the violator, the name of the violator’s parent(s) or guardian if the violator is a minor, this section number, nature of the violation, location of the violation, the name of the police officer issuing the written warning notice and the telephone number of the office to contact for information.
(4) The citation issued in accordance with this section shall contain the date, time, name, age and address of the violator, the name of the violator’s parent(s) or guardian if the violator is a minor, this section number, nature of the violation, location of the violation, the name of the police officer issuing the citation, a court name, address and telephone number and court date.
(5) The Police Department shall maintain records of all skateboards and other similar devices impounded by date, time, name and address of the violator, the ordinance number of violation and a brief description of the item impounded. All such items impounded shall be tagged for purposes of proper identification and secured at the Police Department.
(6) The impounded skateboard or other similar device, if belonging to a person under 18 years of age, shall be given to the parent or guardian of the minor upon request after a full explanation of the reason for impounding the skateboard or other similar device is given to such parent or guardian and after payment is received for all outstanding citations issued.
(7) The impounded skateboard or other similar device, if belonging to a person 18 years of age or older shall be given to him or her upon request and payment is received for all outstanding citations issued.
(8) Each subsequent day of violation shall be considered a separate offense for which a citation may be issued thereafter.
(9) Anyone who recklessly, knowingly or intentionally obstructs vehicular or pedestrian traffic while on a skateboard or other similar device commits disorderly conduct and/or obstruction of vehicle traffic and shall be subject to the provision of the applicable state statute.
(10) Penalty fines collected by the city court for the violation of this section shall be forwarded to a city non-reverting fund for the repair and maintenance or parks and recreational areas within the city.
(Ord. 2005-OR-09, passed 6-6-2005) Penalty, see § 70.99