(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
PRIVATE PROPERTY. Any property held by private interests, which is used primarily for business, commercial, retail, office space, business park, religious, multi-family or recreational purposes. This shall also include the sidewalks contained within the private property, parking lots, alleys and parking facilities for these private property areas.
PUBLIC PROPERTY. Any property owned or maintained by the city or any other public entity or public utility within the police power’s jurisdictional boundaries of the city.
ROLLER BLADES or ROLLER SKATES. Any footwear, or device, which may be attached to the foot or footwear, to which wheels are attached, including wheels that are in line and where such wheels may be used to aid the wearer moving or propulsion.
SKATEBOARD. A board of any material, designed for the user/rider to stand or sit upon, which has wheels attached to it, is propelled or moved by human, gravitational or mechanical power and may be operated with or without a separate steering mechanism to control the turning of the wheels a may be operated with or without a mechanical braking system which will allow the rider to stop the wheel(s).
(B) General prohibition.
(1) It is unlawful, and subject to punishment in accordance with KRS 82.700 to 82.725 and § 73.99, for any person to ride upon or utilize any skateboard, roller blades or any similar device to ride or move about in or on any public property when the property has been designated and posted as a no skateboard, rollerblading or similar activity area.
(2) Skateboards, roller blades and similar devices shall yield right of way to pedestrians and automobiles.
(3) It is unlawful, and subject to punishment in accordance with KRS 82.700 to 82.725 and § 73.99, for any person to ride upon or utilize any skateboard, roller blades or any similar device to ride or move about in or on any private property within a business in the city without the direct or implied consent of the owner if there is displayed in plain view on the properly a sign prohibiting such conduct and referring to this section.
(4) No person shall use a skateboard, roller blades or any similar device outside of a designated no skateboard, roller blading or similar activity area in a manner, which creates a nuisance. For the purpose of this section, NUISANCE is defined as any activity which:
(a) Threatens injury to any person or property, public or private;
(b) Creates an obstruction or presents a hazard to the free and unrestricted use of public or private property by pedestrians or motorists; or
(c) Generates loud or unreasonable noise.
(C) Designation of public property as no skateboarding, rollerblading or similar activity area. The Mayor and/or City Council may, upon review and recommendation of the Director of Public Works or Chief of Police, designate any public roadway, sidewalk or other public property as a no skateboarding, rollerblading or similar activity area. The Mayor and/or City Council shall designate such areas and times when such activity is prohibited and order the posting of appropriate signage in accordance with division (D).
(D) Posting of required signs.
(1) Prior to the enforcement of the prohibition on skateboarding, rollerblading or similar activities, the area so designated shall be posted with signs, which provide substantially as follows. Skateboarding, rollerblading or similar activity, is prohibited by this city. Any violation is punishable by a fine of $50 for the first offense.
(2) Such prohibition shall apply to the property or area so designated once the property or area has been posted with signs, with lettering not less than one inch in height, in plain view of all entrances to the property or area. It shall be the responsibility of the property owner to post and maintain all signs prohibiting skateboarding, rollerblading or similar activities.
(E) Exemption from the provisions of this section. Any device designated, intended and used solely for the transportation of infants, the handicapped or incapacitated persons, devices designed, intended and used for the transportation of merchandise to and from the place of purchase and other wheeled devices, when being used for either of these purposes shall be exempt from this chapter. Furthermore, the Mayor may, by resolution, suspend the enforcement provisions of this chapter to accommodate special events when so requested by the event organizer.
(Ord. 1-2009, passed 3-2-2009) Penalty, see § 73.99