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HomeMy WebLinkAboutNew Article 1 of Chapter 14 to be entitled Roller Skates and Skateboards 1 ORDINANCE No. 7878-$8 Passed by the Common Council of the City of South Bend, Indiana_ June 13 , ig 88 Attest: ----ems City Clerk IRENE K. GAMMON r_ �� Attest: �. _i,s�- President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana June 14, ig 88 l� City Clerk IRENE K. GAMMON Approved and signed by me `,..�._. o Ig o) Mayor Substitute BILL NO. 35-88 ORDINANCE NO. 7f]g-a'$ An Ordinance of the City of South Bend, Indiana, amending the Municipal Code of the City of South Bend, by the inclusion of new Article 1 of Chapter 14 to be entitled Roller Skates and Skateboards Statement of Purpose and Intent The City of South Bend, Indiana, recognizes that skateboarding and roller skating are fast-becoming new forms of recreational activities throughout our City. The City on April 11, 1988, designated the Howard Park ice rink as an alternative place to skateboard from 8: 00 a.m. to 4:45 p.m. Monday through Friday. The Common Council believes that participants in such sporting activities should have access to safe places to practice, and that the safety of pedestrians and vehicle traffic should not be put in jeopardy. The Council with the assistance and cooperation of the City Administration therefore propose the following legislation to regulate the use of skateboards and roller skates in the city of South Bend, Indiana. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, ' Indiana, as follows: SECTION I. Chapter 14, Article 1 of the Municipal Code of the City of South Bend, Indiana, shall read in its entirety as follows: Chapter 14. Specific Public Safety Regulations. Article 1. Skateboards and Roller Skate Regulations SECTION 14-1. Compliance with the Article Required. (a) No person shall roller skate or ride a skateboard in any public place within the City except where specifically authorized by this Article. (b) No person shall roller skate or ride a skateboard in any public place within the City without compling with the rules and regulations of this Article. SECTION 14-2 . Skateboarding and Roller Skating Prohibited on all City Streets; Exceptions. (a) No person shall roller skate or ride a skateboard on any street except when crossing the street. (b) The laws governing pedestrians crossing streets shall apply to any person crossing a street on roller skates or skateboards. cognizant of his or her own safety, as well as the due care and safety of pedestrians. (e) Any person crossing a street on roller skates or any person crossing a street on a skateboard shall yield the right-of-way to pedestrians at all crosswalks. (f) No person crossing a street on roller skates and no person crossing a street on a skateboard shall travel too fast for the existing conditions. SECTION 14.3. Skateboarding and Roller Skating on Sidewalks. (a) No person shall roller skate or ride a skateboard on any city sidewalk in the following areas of the City: (1) "A-3" Mixed Use Multifamily Residential and Commercial Districts (except where specifically posted otherwise) (2) "The Central Business District" ( 3) "C-1" Commercial Districts ( 4) "C-2" Planned shopping center district (except where specifically posted otherwise) (5) "C" Commercial Districts (6) "D" Light Industrial Districts (7) "E" Heavy Industrial Districts as defined in Chapter 21 (entitled "Zoning" ) of this Code, and on all sidewalks adjacent to nursing homes, hospitals, fire stations, schools, churches and synagogues. (b) Persons may roller skate or ride a skateboard on sidewalks in the following areas of the city: (1) "A" Residence Districts ( 2) "A-1" Residence Districts ( 3) "A-2" Planned Residential Development Districts (4) "B" Residence Districts (5) "B-1" Residence Districts as defined in Chapter 21 (entitled "Zoning" ) of this Code. (c) Persons who roller skate or ride a skateboard on sidewalks where permitted must at all times exercise due care for the safety of other persons using the sidewalks. (d) Persons who roller skate or ride a skateboard 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. SECTION 14.4. Skateboard Regulations in Designated City-Owned Skateboard Facilities. (a) The Board of Park Commissioners shall establish all rules and regulations addressing the use of skateboards in designated city-owned skateboard facilities. adhere to all safety requirements and posted rules and regulations. (c) Such regulations shall include but not be limited to the wearing of helmets, kneepads, and elbow pads; rules of conduct; fees; hours of operation; and penalties. All such regulations shall be conspicuously posted at each such City-owned skateboard facility. (d) 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 shall be issued a warning notice, shall be asked to leave and shall not return to that specific designated City-owned skateboard facility for the remainder of that day. Anyone refusing to leave or who returns that same day after having been asked to leave shall be issued a citation and shall have his or her skateboard seized and subsequently impounded by any member of the Park Police or Police Department. (e) Any confiscated skateboard, if belonging to a person under eighteen (18) years of age, shall be given up to the parent or guardian of the minor upon request and without charge if a first-time violator, after a full explanation of the reason(s) for impounding the skateboard and a copy of the Rules of Conduct for the City skateboard facilities are given to such parent or guardian. Subsequent violations shall be addressed pursuant to the provisions of Section 14-5. (f) Any confiscated skateboard, if belonging to a person eighteen (18) years of age or older, shall be given to that person upon request and without charge if a first- time violator, after a full explanation of the reason(s) for impounding the skateboard and a copy of the Rules of Conduct for City skateboard facilities are given to that individual. Subsequent violations shall be addressed pursuant to the provisions of Section 14-5. SECTION 14-5. Warning Notices, Citations, and Penalties. (a) Anyone violating any of the provisions of this Article may be subject to the following penalties: (1) Warning Notice: Issuance of a warning notice to a first-time violator stating that he or she is in violation and that failure to comply may result in impoundment of his or her roller skates or skateboard and a citation being issued for the violation. (2) Citations. For a second violation of any of the provisions of this Article within the same calendar year, a citation shall be issued to the violator imposing a twenty-five dollar ($25.00) fine, as well as the violator's skateboard or roller skates being impounded. (b) The warning notice issued under this Article 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, the Code section violated, nature of the violation, location of the violation, the name of i-hc nff i r' i- • of the officer issuing the citation and instructions as to the disposition of the citation. (d) The City shall maintain records of all roller skates and skateboards impounded by date, time, name and address of violator, the Code section violated, and a brief description of the item impounded. All such items impounded shall be tagged for proper identification purposes. (e) The impounded skateboard or roller skates, if belonging to a person under eighteen (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 roller skates is given to such parent or guardian and after payment is received for all outstanding citations issued. The City shall give a copy of all rules and regulations governing the use of roller skates or skateboards on City property at the time of returning the property to the parent or guardian. (f) The impounded skateboard or roller skates if belonging to the violator who is eighteen (18) years of age or older shall be given to him or her upon request and receipt of payment for all outstanding citiations issued. The City shall give a copy of all rules and regulations governing the use of roller skates or skateboards on City property at the time of returning the property to the violator. (g) Each subsequent day of violation shall be considered a separate offense for which a citation may be issued. ih) Anyone who recklessly, knowingly, or intentionally obstructs vehicular or pedestrian traffic while on roller skates or on a skateboard commits disorderly conduct and shall be subject to the provisions of applicable State law. SECTION II. This Ordinance shall be in full force and effect from and after its passage by the Common Council of the City of South Bend, Indiana, approval by the Mayor and legal publication as required by law. -mber o, the Common Council • • OU°STH g\\\1, j % o City of South Bend '7/j Joseph E. Kernan, Mayor 111 /1 South Bend Common Council John Voorde Ann Puzzello Thomas Zakrzewski President Vice-President Chairman. Committee of the Whole May 18, 1988 Members of the Common Council 4th Floor County-City Building South Bend, Indiana 46601 Re: Proposed Skateboard Legislation Dear Fellow Council Members: As Chairman of the Public Safety Commitee of the Common Council, I am introducing a Bill to regulate the use of roller skates and skateboards within our City. As you are all well aware the popularity of the use of skateboards and roller skates has become a new national pastime throughout our country. Along with the advent of these new sporting activities unfortunately, new public safety considerations have been raised. The attached Ordinance tries to affectively and reasonably balance the rights of both the individuals who wish to use skateboards and roller skates within out community as well as the rights of our citizens who wish to walk along public sidewalks and drive on City streets without having their safety jeopardized. The Bill basically does the following: 1. It prohibits the use of skateboards or roller skates on any City streets except when crossing a street at an intersection. At those times all safety regulations must be adhered to which apply to pedestrian and vehicular traffic. County-City Building • South Bend, Indiana 46601 • 219/284-9321 Stephen Luecke Donald Niezgodski William Soderberg Ann Puzzello Linas Slavinskas First District Second District Third District Fourth District Fifth District Thomas Zakrzewski Sean Coleman Loretta Duda John Voorde Kathleen Cekanski-Farrand Sixth District At Large At Large At Large Council Attorney 2. It prohibits skateboarding or roller skating on any City sidewalk within the Central Business District, C-1, C-2, C, D, and E zoning districts. 3 . It permits roller skating or skateboarding on City sidewalks within A, A-1, A-2, A-3, B, and B-1 residence districts. 4. It requires all skateboarders to abide by all posted rules and regulations for any City owned facility where skateboarding is permitted. It further provides that . anyone refusing to abide by such regulations would be asked to leave and if he or she would refuse to do so, his or her skateboard would then be impounded. 5. It further provides a graduated penalty provision. Accept for violations within City owned skateboard facilities, a written warning would be required for first time violators. Upon a second violation within the same calendar year, a citation would be issued along with the skateboard being impounded. It also provides that if anyone would intentionally, recklessly or knowingly obstructs vehicular or pedestrian traffic, that that individual would then be deemed in violation of disorderly conduct with the appropriate State law then applying. The City Council is working closely with the City Administration with regard to developing a safe alternative for individuals to use skateboards in areas other than the downtown and on sidewalks with commercial and business districts. Hopefully with the cooperation of all individuals participating in these sports activites as well as the general public, we will be able to positively address and protect the rights of all of our citizens within the City. I look forward to discussing this proposed Bill with you at the next meeting of the Public Safety Committee. Thank you. Sincerely, op WIlliam Soderberg, Ch.-0011, Public Safety Committee WS:srk Attachment ftnntmittnr Report - - - _--- clan tlle Qlnmmun kiouncit of tip klity of Onut1I rn : • Your Committee of the Whole to whom was referred BILL NO. 35-88 A BILL AMENDING THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, BY THE INCLUSION OF NEW ARTICLE 1 OF CHAPTER 14 TO BE ENTITLED ROLLER SKATES AND SKATEBOARDS. • Respectfully report that they have examined the matter and that in their opinion This bill should be recommended to the Council favorable, as amended, by substitution of a new bill. • Thomas Zakrzewski Chairman FREE RR[.. Odaip. rusuaHIHO co.