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HomeMy WebLinkAbout3245ORDINANCE NO. 3245 AN ORDINANCE of the City of Port Angeles, Washington, relating to the use of skateboards, roller skates, in -line skates, bicycles, and similar devices, and creating a new chapter, Chapter 10.26, of the Port Angeles Municipal Code. THE CITY COUNCIL OF THE CITY OF PORT ANGELES does hereby ordain as follows: WHEREAS, the City Council of the City of Port Angeles finds that the regulation of the use and/or operation of skateboards, roller skates, in -line skates, bicycles, and similar devices within the city of Port Angeles is a serious public safety concern; and WHEREAS, the City Council of the City of Port Angeles desires to regulate the use of skateboards, roller skates, in -line skates, bicycles, and similar devices to enhance the health, safety, and welfare of its citizens; and WHEREAS, the City Council of the City of Port Angeles finds that regulating the use and operation of skateboards, roller skates, in -line skates, bicycles, and similar devices would increase the health, safety, and welfare of its citizens; NOW, THEREFORE, THE CITY COUNCIL OF PORT ANGELES, WASHINGTON, DOES ORDAIN AS FOLLOWS: Section 1. Section 10.04020 PAMC is deleted in its entirety: cTlllltions. cct upon Tour o1 lnolc small wllecls. • •• 11 .. •1 . 1111 . 111111 •.• y an up nt stccrmg nanalc. -1- • • I3. • A person may iidc a skatcboard or scootcr on any sidcwalk subjcct to the • person in Cr) . ..... Y anon of any of the prove g sucn p Section 2. There is hereby added to the Port Angeles Municipal Code a new Chapter, Chapter 10.26, as follows: CHAPTER 10.26 SKATEBOARDS, ROLLER SKATES, BICYCLES, AND SIMILAR DEVICES Sections: 10.26.010 Definitions. 10.26.020 Disabled Persons. 10.26.030 Rules of Operation. 10.26.040 Areas of Operation Restricted. 10.26.050 Riding on Sidewalks. 10.26.060 Negligent Operation. 10.26.070 Enforcement - Seizure and Forfeiture. 10.26.080 Parental Responsibility. 10.26.090 Persons Liable. 10.26.100 Violation - Penalty. 10.26.010 - Definitions. A. "Bicycle" for purpose of this Chapter means a human - powered, wheeled vehicle as defined in 10.06.010 PAMC and, for purposes of this Chapter, is expanded to include similar vehicles with one to four wheels. B. The "Downtown Area," is defined in the Exhibit A attached hereto and incorporated herein. C. "City Property" includes all City right -of -way, as defined in the City of Port Angeles Zoning Code. D. "City Street" means every public street open to the use of the public for vehicular travel, or part thereof, including alleys, located within the city limits of the City of Port Angeles. E. "In -line skates" has its ordinary meaning and means a pair of shoes or boots, mounted upon three or more sets of wheels located one behind the other under the attached shoe or boot, and is most often propelled by the user in a upright, standing position. F. "Roller skates" has its ordinary meaning and means a pair of shoes mounted upon two sets of wheels, most often propelled by the user in an upright, standing position. - 2 - • • G. "Rules of the Road" means all rules applicable to vehicle or pedestrian traffic as set forth in state statute, rule, or regulation. H. "Sidewalk ", for purposes of this ordinance, means that portion of a public right - of -way set aside and intended for the use of pedestrians where the adjacent portion of the same public right -of -way is set aside and intended for motor vehicle traffic. I. "Skateboard" has its ordinary meaning and includes a board of any material with wheels a- ffixed to the underside, designed to be ridden by a person. "Wheeled device" shall include bicycles, inline skates, roller skates, skateboards., and any other device intended to be ridden on or in, which is pushed, pulled, pedaled by the rider or relies on human power of the rider for mobility. 10.26.020 - Disabled Persons. The regulations of this Chapter shall not apply to any vehicle used by a disabled person as defined by RCW 46.16.381. 10.26.030 - Rules of Operation. A. It is unlawful for any person to ride upon or operate a skateboard, roller skates, or in -line skates on a City street between the time of one hour after sunset to one hour before sunrise. B. It is unlawful for any person to ride upon or operate a skateboard, roller skates, or in -line skates on a City street where the speed limit is greater than 25 mph. C. Anyperson operating a wheeled device shall obey all rules of the road, as well as applicable provisions of state and local laws, and the instructions of official traffic control signals, signs and other control devices applicable to vehicles, unless otherwise directed by a police officer. 10.26.040 - Areas of Operation Restricted. A. Basketball or Tennis Facilities. No person shall operate a wheeled device on any publicly owned basketball or tennis facilities located within the City, including any located outside of park boundaries, within the City, or where proper signs prohibiting said activity are posted on public tennis or basketball facilities. B. City Hall, City Pier, Civic Field. No person shall ride a skateboard, in -line skates or roller skates upon the Port Angeles City Hall grounds, upon the City Pier or upon Civic Field. C. Downtown Area - Sidewalks. It is unlawful for any person to use, operate, or ride upon any wheeled device upon any sidewalk or publicly owned parking lot in the Downtown Area. D. Dowtown Area - Streets. It is unlawful for any person to use, operate or ride upon any City street any skateboard, roller skates, or in -line skates in the Downtown Area. -3- • E. Private Parking Lots. It is unlawful for any person to use, operate, or ride on any wheeled devices on any privately owned parking area that is otherwise open to the public when proper signs prohibiting said activity are posted. F. Skate Park. No person shall operate a bicycle, tricycle or other form of peddle cycle, in the skate park, or upon any ramps, slalom course(s) or other appurtenances designed for skate park use. 10.26.050 - Riding on Sidewalks. A. Whenever any person is operating or riding a wheeled device upon a sidewalk, such person shall yield the right -of -way to any pedestrian. B. Violation of any provision of this section is a traffic infraction. 10.26.060 - Negligent Operation. It is unlawful for any person to operate or ride any wheeled device in a negligent manner upon any publicly owned property or public right of way in the city. For purposes of this section, "to ride in a negligent manner" means the riding or propelling of the device in such a manner as to endanger or be likely to endanger any person or property; provided, however, that any person riding a wheeled device on private property with the consent of the owner in a manner consistent with the owner's consent shall not be guilty of this offense. 10.26.070 - Enforcement - Seizure and Forfeiture. A. All wheeled devices operated in violation of this Chapter or in conjunction with a violation of RCW 9A.52.080 are subject to seizure and forfeiture; provided any person whose property is seized for the first time pursuant to this Chapter may prevent forfeiture of said property by contacting the police department in writing within 15 days of receipt of notice of seizure, requesting the prope be returned. In such a case the • olice de • artment shall return the property within 30 days of its seizure. A hearing may be held pursuant to subsection E. of this section to determine if a person may claim under this exception. B. Property subject to forfeiture under this Chapter may be seized by any law enforcement officer who has probable cause to believe the property was being used in violation of this Chapter or RCW 9A.52.080. C. The police department within 15 days following the seizure shall serve notice on the person from whom the property is seized of the seizure and intended forfeiture of the seized property. The notice may be served by any method authorized by law or court rule, including U.S. Postal Service first -class mail. Service shall be deemed complete upon mailing. D. If no person notifies the police department in writing of the person's claim of ownership or right to possession of the seized property within 30 days of the seizure, such property shall be deemed forfeited. E. If any person notifies the police department in writing of the person's claim of ownership or right to possession within 30 days of the seizure, the person or persons shall be afforded a reasonable opportunity to be heard as to their claim or right. The hearing shall be before the chief of police or his or her designee. The burden of producing evidence shall be upon -4- • • the person claiming to be the lawful owner or the person claiming to have the lawful right to possession of the seized items. A hearing before the seizing agency and any appeal therefrom shall be under RCW Title 34. F. When property is forfeited under this Chapter the police department shall: 1. Destroy that property which is deemed to be harmful to the public; or 2. Sell that property which is not deemed to be harmful to the public. The proceeds shall be deposited in the general fund of the Cjy. 3. If the property is determined to have no or minimal market value the Department may dispose of it in any manner deemed reasonable by the Chief of Police. 10.26.080 - Parental Responsibility. It shall be unlawful for the parent of any child under 16 years of age and the guardian of any ward under 16 years of age to authorize or to permit any such child or ward to violate any provision of this Chapter. 10.26.090 - Persons Liable. The operator shall be liable for any violation of this Chapter. If the operator is less than 16 years of age, the parent or guardian of the operator who authorizes or permits an act which is a violation shall be liable for a violation of this Chapter. 10.26.100 - Violation - Penalty. A. Except as provided in paragraph B, a violation of any provision of this Chapter is a civil infraction. Each violation shall be punished by a fine of fifty dollars (not including 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. Violations that constitute criminal traffic offenses under Titles 9 or 10 of this code, may be charged as such and are subject to the maximum penalties allowed for such offenses. C. Upon a second violation of this Chapter within a two -year period, the court may order forfeiture of a skateboard or bicycle which was ridden in violation of this Chapter unless it is proven to the court by a preponderance of the evidence that the respondent is not the owner of the skateboard or bicycle, and the owner did not or could not have reasonably known that the skateboard would be ridden in violation of this Chapter. Section 3 - Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of the scrivener's /clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. -5- Section 4 - Severability. If any section, subsection, sentence, clause, phrase or word of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause, phrase or word of this ordinance. Section 5 - Effective Date. This Ordinance shall take effect five days after its publication by summary. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the 16th day of May, 2006. V MAYOR ATTEST: ki)P 6-2/ Becky J. ity Cler APPROVED AS TO FORM- 4100" William E. Bloor, City Attorney PUBLISHED: May 28 , 2006 By Summary G: \Legal_Backup \ORDINANCES &RESOLUTIONS \2005 -52. Skateboards . Final.050806. wpd - 6 - • PEDESTRIAN INTERFERENCE ORDINANCE — EXHIBIT A THE DOWNTOWN AREA SHALL BE DEFINED AS FOLLOWS: 1. To include the Port Angeles waterfront, extending from the west margin of Valley Creek Estuary Park on the west to the east margin of Francis Street Park on the east, limited to the Waterfront Trail right of way and encompassing both parks 2. To include both sides of Railroad Avenue (if extended) from the east margin of where Peabody Street (if extended) would intersect with the Waterfront Trail to the west margin of Valley Creek Estuary Park 3. To include both sides of First Street and Front Street, from the east margin of Peabody Street on the east to the west margin of Valley Street on the west. 4. To include the north side of Second Street (if extended) from the west margin of Valley Street to the east margin of South Laurel Street. 5. To include South Laurel Street from the north margin of Second Street to the north margin of the First Street Alley North. 6. To include the north side of the Fifth Street Alley North (if extended) from the east margin of South Laurel Street to the west margin of the Police Department lot, then north to East 4th Street, then east to Peabody Street 7. To include the west side of Peabody Street from the north margin of Fifth Street Alley North (if extended) to where Peabody Street (if extended) would intersect with the Waterfront Trail. Exhibit "A ", Ordinance 3245 Summary of Ordinance Adopted by the Port Angeles City Council on May 16, 2006 Ordinance No. 3245 This Ordinance of the City of Port Angeles, Washington, relates to the use of Skateboards, roller skates, in -line skates, bicycles and similar devices, and creates a new chapter, Chapter 10.26, of the Port Angeles Municipal Code. This Ordinance shall take effect five days following the date of publication by summary. The full text of the Ordinance is available at City Hall in the City Clerk's office or will be mailed upon request. Office hours are Monday through Friday from 8:00 a.m. to 5:00 p.m. Becky J. Upton, CMC City Clerk Publish: May 28, 2006