HomeMy WebLinkAbout94-13ORDINANCE NO. 94-13
AN ORDINANCE OF THE TOWN OF DANVILLE
REGULATING THE USE OF SKATEBOARDS/ROLLERBLADES
IN OR ON PUBLIC RIGHTS-OF-WAY / PARKING LOTS
THE TOWN COUNCIL OF THE TOWN OF DANVILLE DOES ORDAIN AS
FOLLOWS:
SECTION ONE. This Ordinance shall be entitled the "Skateboards and Rollerblades
Ordinance of the Town of Danville".
Purpose
This Ordinance is intended to establish policies which promote and secure Public Health,
Safety, and Welfare in the Town of Danville. The Town Council finds that the operation
of skateboards and Rollerblades upon certain highways, sidewalks, roadways, public
property, parking lots or upon private property used for public purposes to be hazardous
to pedestrians, motorists, and to persons operating same.
California Vehicle Code section 21967 provides that a local authority may adopt rules and
regulations by ordinance or resolution prohibiting or restricting persons from riding or
propelling skateboards on highways, sidewalks, or roadways.
California Vehicle Code section 21969 provides that a local authority may adopt rules and
regulations by ordinance regulating persons engaged in rollerskating on a highway,
sidewalk, or roadway.
California Vehicle Code section 21968 states: "No motorized skateboard may be propelled
on any sidewalk, roadway, or any other part of a highway or on any bikeway, bicycle path
or trail, equestrian trail, or hiking or recreational trail."
SECTION TWO. Sections 4-18.1 through 4-18.4 are hereby added to the Danville
Municipal Code to read as follows:
4-18 SKATEBOARDS
4-18.1 Definitions
Generally, unless otherwise specifically provided or required by the context, the following
terms have the indicated meaning in this chapter.
0)
A "§hateboard" ig a clevic~ or conveyance with any number of
wheels, with a riding surface, of any design, or of any material,
upon which a person may place one or more feet, and which is
designed to be, or can be propelled by human power, and
which is not classified as a bicycle.
(2)
A "Motorized Skateboard" is the same as a skateboard in all
respects except that it is designed to be or can be self-propelled
by motorized power.
(3)
"Rollerblades" shall mean any footwear or device which may
be attached to the foot or footwear to which wheels are
attached and such wheels may be used by the wearer in
moving. The definition of these terms shall include a single
rollerblade, or parts thereof, used by the wearer in moving.
4-18.2 Prohibited Activity
It is unlawful for any person to ride, or be propelled upon a skateboard, or rollerblade,
where such activity of the individual impedes pedestrian or traffic flow, or creates a
hazardous situation to the user or citizenry, or causes property damage, upon certain
highways, sidewalks, roadways, public property, parking lots or upon private property used
for public purposes within any business district, or in or on public rights-of-way as defined
by California Vehicle Code section 235, in the Town of Danville.
4,18.3 Enforcement - Penalty
(a) The Danville Police Department will respond to complaints initiated by a
business owner, proprietor of the property or person(s) in charge of the property of
violation of Town of Danville Ordinance 94-13.
(b) If the violator is under 18 years of age, the Officer will issue the Juvenile a
citation to appear with a parent or guardian at the Danville Juvenile Diversion Program.
(c) If the violator is over 18 years of age, the Officer will issue the individual a
citation for violation of the Town Ordinance No. 94-13 Regulating the Use of Skateboard/
Rollerblades in or on Public Rights of Way/Public Parking Lots.
(d) Violation of this Ordinance within a six month period is an infraction
punishable by the following:
1. A fine not exceeding $20 for first violation within a six month period.
2. A fine not exceeding $100 for a second violation for same ordinance
within a six month period.
3. A fine not exceeding $250 for a third violation for same ordinance within
a six month period.
(e) The fourth violation of Ordinance No. 94-13 within a six month period is a
misdemeanor. The violator will be issued a citation and referred to appropriate court for
processing.
4-18.4 Appeals
Any person aggrieved by any action or determination of the Police Chief under this
chapter may appeal such action or determination to the Town Manager or his/her designee
as provided for in the Municipal Code.
SECTION THREE. PUBLICATION
The City Clerk shall either a) have this Ordinance published once within 15 days after
adoption in a newspaper of general circulation or, b) have a summary of this ordinance
published twice in a newspaper of general circulation once five days before its adoption and
again within 15 days after adoption.
SECTION FOUR. CODIFICATION
Section Two hereof shall be codified in the Danville Municipal Code, Sections One, Three
and Four shall NOT be codified in the Danville Municipal Code.
The foregoing ordinance was first read and introduced on May 3, 1994 and approved and
adopted by the Danville Town Council as a Regular Meeting held on Tuesday, May 17,
1994, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Ritchey, Greenberg, Doyle, Shimansky, Waldo
None
None
None ~~' U~
MAYOR
APPROVED AS TO FORM:
ATTEST:
CITY ATTORNEY
CITY CLERK