ORDINANCE NO. 1-2009

ORDINANCE OF THE CITY OF LAGRANGE, KENTUCKY

REGULATING THE USE OF SKATEBOARDS AND

OTHER SIMILAR DEVICES

The City of LaGrange, State of Kentucky, Ordains as Follows:

Section1. Definitions.

As used in this ordinance, the following terms shall have the meanings set forth herein:

“Private property” means any property held by private interests, which is used primarily for business, commercial, retail, office space, business park, religious, multifamily, 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” means any property owned or maintained by the City of LaGrange or any other public entity or public utility within the police power jurisdictional boundaries of the City of LaGrange.

“Roller blades” or “Roller skates” means 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 in moving or propulsion.

“Skateboard” means 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 and      may be operated with or without a mechanical braking system which will allow the rider to stop the wheel(s).

Section 2. General Prohibition.

A) It is unlawful, and subject to punishment in accordance with KRS 82.700

            to 82.725 and Section 6 of  this ordinance, 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.

B) Skateboards, roller blades and similar devices shall yield right of way to pedestrians and automobiles.

C) It is unlawful, and subject to punishment in accordance with KRS 82.700  to 82.725 and Section 6 of this ordinance, 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 of LaGrange without the direct or implied consent of the owner if there is displayed in plain view on the property a sign prohibiting such conduct and referring to this ordinance.

                 D) 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 ordinance,  nuisance is defined as any activity which:            

                        i.          Threatens injury to any person or property, public or private;

                        ii.         Creates an obstruction or presents a hazard to the free and unrestricted use of public or private property by pedestrians or motorists; or

                        iii.        Generates loud or unreasonable noise.

Section 3. 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 Section 4 of this ordinance.

Section 4. Posting of Required Signs.

A) 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 City of LaGrange Ordinance No. 1-2009.  Any violation is punishable by a fine of $50.00 for the first offense.

B) 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.

Section 5. Exemption from the Provisions of this Ordinance.

            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.

Section 6. Violation.

            Any violation of this chapter is deemed an infraction, punishable by a fine of fifty dollars ($50.00).  A second violation of this chapter shall be punishable by  a fine of one hundred dollars ($100.00).  Subsequent offense is punishable upon any amount allowed by KRS Statutes.

Section 7. This ordinance shall take effect 30 days after its adoption.

Original signature on file       

                                                                        MAYOR ELSIE CARTER

ATTEST:

Original signature on file       

CITY CLERK

FIRST READING January 5, 2009                                  

SECOND READING & PASSAGE March 2, 2009                                    

VOTE:

     8     FOR

     0     AGAINST

     0     ABSTAINED

REVIEWED BY THE CHIEF OF POLICE & DATE