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HomeMy WebLinkAbout2804 Skateboard RegulationsORDINANCE NO. AN ORDINANCE ADDING CHAPTER 11.54 TO THE ASHLAND MUNICIPAL CODE REGULATING THE USE OF SKATEBOARDS WITHIN THE CITY OF ASHLAND AND REPEALING SECTION 11.16.130 OF THE ASHLAND MUNICIPAL CODE. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. The following chapter 11.54 is added to the Ashland Municipal Code: Chapter 11.54 Sections: 11.54.010 11.54.020 11.54.030 11.54.040 11.54.050 SKATEBOARDS Definitions Areas Permitted; Areas Prohibited Skateboard Regulations Penalties Enhanced Penalties in Downtown Area 11.54.010 Definitions. The following words and phrases, when used in this Chapter, shall, for the purpose of this Chapter have the following meanings: Operating is the act of having one or more feet on the board of a skateboard or other portion designed for a foot to propel the skateboard. Riding is the act of propelling a skateboard by means other than carrying it. Skateboard - includes roller skates, in-line roller skates, blades, scooters, coasters, roller skis or any similar device. 11.54.020 Areas Permitted; Areas Prohibited. A. Where Riding Permitted. Riding or operating a skateboard is permitted in the following areas: 1.25 Mph Streets. Streets where the designated speed for vehicles is 25 miles per hour or less unless prohibited in section 11.54.020.B. 2. Private Property Where Consent. Private property where the owner or person in charge has consented. 3. Areas Defined Within City Parks. In city parks, or a designated area within a city park, specifically approved by the Ashland Park Commission for skateboard use. PAGE 1-ORDINANCE {p:skatebd2.ord} 4. Sidewalks. On city sidewalks unless otherwise prohibited by this ordinance. B. Where Riding Prohibited. No person shall ride or operate a skateboard in the following areas: 1. Streets or Sidewalks in the Downtown Area. Sidewalks or streets in the downtown area described in this subsection as delineated on the attached map marked Exhibit A. The downtown area is described as that area included within and inclusive of the following described boundaries: a. The north boundary shall be Lithia Way including sidewalks on both sides to the intersections of Water Street and Fourth Street and including the public parking lot and adjoining sidewalk at the corner of Pioneer Street and Lithia Way; b. The west boundary shall be Water Street from the Lithia Way overpass to North Main Street then North Main Street to its intersections with Church Street and including sidewalks on both sides of Water Street and North Main Street, then south along Ashland Creek from the North Main Street Bridge including the park area between the creek and Granite Street but no sidewalks on Granite Street, to Winburn Way, then Winburn Way and its sidewalks through Lithia Park. c. The south boundary shall be the northern sidewalk of Hargadine Street to the intersections of Pioneer Street and Gresham Street and shall include the western sidewalk of Pioneer Street north from its intersection with Hargadine Street. d. The east boundary shall be Third Street including the sidewalks on both sides to the intersections of Lithia Way and Hargadine Street. 2. City Parks. Within any city park including streets within the boundaries of a park unless the park, or a designated area within a park, has been specifically approved by the Ashland Park Commission for skateboard use. 3. Certain Streets. On any street where the designated speed is greater than 25 miles per hour. 4. Private Property Unless Consent. On private property. It is an affirmative defense to a prosecution on any charge under this subsection that the property owner or person in charge of the property consented to such use of the property. 5. Other Property Which is Posted. On any other public or private property where signs on the property indicate that skateboard use is prohibited. PAGE 2-ORDINANCE 11.54.030 Skateboard Regulations. The following regulations apply to the operation of a skateboard on a public street, sidewalk or public property: A. Protective Headgear. Any person operating a skateboard shall wear protective headgear of a type approved under ORS 815,052 for bicycle helmets. B. Yield Right-of-Way. Any person operating a skateboard shall yield the right- of-way to any vehicle, such as a motor vehicle or bicycle, or pedestrian including yielding the right of way to any vehicle when approaching or crossing a driveway. C. Standing Position. Any person operating a skateboard shall operate the skateboard in a standing position unless operated in conformance with rules established by the Ashland Park Commission within a city park designated for skateboard use under section 11.54.020. D. Operating on Right-hand Side. While on a street, a person shall ride a skateboard as close as practicable to the right-hand curb or edge of the roadway. E. Single File. No person shall ride a skateboard on any street along side another person riding a skateboard, bicycle or motor vehicle unless overtaking and passing such skateboard, bicycle or motor vehicle. F. Equipment. No skateboard shall be operated on any public street or sidewalk between 30 minutes after sunset and 30 minutes before sunrise unless the skateboard or rider is equipped with lighting equipment that meets the following requirements: 1. The lighting equipment must show a white light visible from a distance of at least 500 feet to the front of the skateboard. 2. The lighting equipment must have a red reflector or lighting device or material of such size or characteristic and so mounted as to be visible from all distances up to 600 feet to the rear when directly in front of lawful lower beams of headlights on a motor vehicle. G. Traffic Control Devices. Any person operating a skateboard shall obey the instructions of official traffic control signals, signs and other control devices applicable to vehicles. H. Traffic Regulations. The operation of a skateboard on a street shall be subject to all of the provisions or laws of the State and the laws of the City, including those applicable to the drivers of vehicles, except as to the latter, those provisions that by their very nature have no application. PAGE 3-ORDINANCE {p:skatebcl2.ord) I. Operation on Sidewalks. No person shall operate a skateboard on a sidewalk: 1. So as to suddenly leave a curb or other place of safety and move into the path of a vehicle that is so close as to constitute an immediate hazard. 2. Without giving an audible warning before overtaking and passing a pedestrian. 3. At a speed greater than an ordinary walk when approaching or entering a crosswalk, approaching or crossing a driveway or crossing a curb cut or pedestrian ramp and a vehicle is approaching the crosswalk, driveway, curb cut or pedestrian ramp. This paragraph does not require reduced speeds for skateboards either: a. At places on sidewalks or other pedestrian ways other than places where the path for pedestrians or bicycle traffic approaches or crosses that for motor vehicle traffic; or b. When motor vehicles are not present. Except as otherwise specifically provided in this chapter, an operator of a skateboard on a sidewalk or in a crosswalk has the same rights and duties as a pedestrian on a sidewalk or in a crosswalk. J. Racing. No person shall engage in, or cause others to engage in, a skateboard race upon the streets, sidewalks or any other public property. Provided, however, that it shall not be a violation of this subsection if racing occurs in conformance with rules established by the Ashland Park Commission within a city park designated for skateboard use under section 11.54.020. K. Hitching on Vehicles. No person while operating a skateboard shall in any way attach themselves or the skateboard to any moving motor vehicle. L. Careless Riding. No person shall ride a skateboard in a careless manner. Riding in a careless manner means the person rides a skateboard in a manner that endangers or would be likely to endanger any person or property. 11.54.040 Penalties. Except as provided in section 11.54.050: A. Any person who violates any of the provisions of this chapter is, upon conviction, punishable as prescribed in Section 1.08.020. B. Upon conviction, the court may, in addition to any other penalty, order that the skateboard that was used at the time of the offense be impounded until such time as may appear just and reasonable. PAGE 4-ORDINANCE (p:skatebd2.ord) 11.54.050 Enhanced Penalties in Downtown Area. Any person who violates any of the provisions of this chapter in the downtown area defined in section 11.52.020.B.1 is, upon conviction, punishable as follows: A. First offense. Upon the first conviction for a violation under this chapter, the person shall be punished by a fine of $50.00 (to include all costs and assessments). This fine shall not be suspended or deferred, but the court may authorize community service in lieu of all or part of this fine. B. Second offense. Every person who is convicted of a violation of this chapter for a second time within a five-year period shall be punished by a fine not less than $100 nor more than $500. One hundred dollars of the fine shall not be suspended or deferred, but the court may authorize community service in lieu of all or part of this fine. In addition, the court may order forfeiture of a skateboard which was ridden in violation of this chapter, unless it is proven to the court by a preponderance of the evidence that the defendant is not the owner of the skateboard and the owner did not or could not have reasonably known that the skateboard would be ridden in violation of this chapter. C. Third or subsequent offense. Every person who violates this chapter a third or more times within a five-year period shall be guilty of a misdemeanor, punishable by a fine of not less than two hundred dollars nor more than one thousand dollars, and by imprisonment in jail not to exceed ninety days. Two hundred dollars of the fine shall not be suspended or deferred, but the court may authorize community service in lieu of all or part of the fine. Upon conviction of a third or subsequent violation of this chapter within a five-year period, the court may order forfeiture of a skateboard which was ridden in violation of this chapter, unless it is proven to the court by a preponderance of the evidence that the defendant is not the owner of the skateboard and the owner did not or could not have reasonably known that the skateboard would be ridden in violation of this chapter. SECTION 2. Section 11.16.130 of the Ashland Municipal Code is repealed. The foregoing ordinance was first READ on the Barbara Christensen, City Recorder SIGNED and APPROVED this .d~as to form: Paul Nolte, City Attorney ,1997, day of ~~&¢,4.~.~ ,1997. Catherine M. Golden, Mayor PAGE 5-ORDINANCE {p:skatebd2.ord)