Village of Cuba, NY
Allegany County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Cuba Village 7-29-1996 by L.L. No. 2-1996. Amendments noted where applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch. 173.

§ 158-1 Purpose.

The purpose of this chapter is to ensure, maintain and regulate the preservation of the health, safety and general welfare of the residents and pedestrians and preservation of private property within the Village of Cuba limits by controlling.or prohibiting the use and operation of skateboards, bicycles, roller skates and roller blades in the village.

§ 158-2 Authority.

Village Law § 4-412 and Village Law Article 6.

§ 158-3 Definitions.

For the purposes of this chapter, the following terms shall have the meanings indicated:
BICYCLE
A device consisting of a frame mounted upon two wheels with tires in tandem, and upon which a person may ride, and capable of being propelled by human power through a belt, a chain or gears by use of pedals.
PROHIBITED PUBLIC HIGHWAY/STREET AREAS
Those areas within the Village of Cuba bounded or described as follows:
A. 
Genesee Street from its centerline intersection with East and West Main Street northerly to the village corporate line.
B. 
South Street from its centerline intersection with East and West Main Street southerly to the village corporate line.
C. 
West Main Street from its centerline intersection with Genesee Street and South Street westerly to the west bounds of Bull Street.
D. 
East Main Street from its centerline intersection with Genesee Street and South Street easterly to the village corporate line.
E. 
Water Street from its centerline intersection with Genesee Street westerly to the village corporate line.
A. 
On the east side of Genesee Street from its intersection with East Main Street northerly to its intersection with Genesee Parkway.
B. 
On the west side of Genesee Street from its intersection with West Main Street northerly to its intersection with the south bounds of premises commonly known as "23 Genesee Street."
C. 
On the east side of South Street from its intersection with East Main Street southerly to its intersection with Spring Street.
D. 
On the west side of South Street from its intersection with West Main Street southerly to its intersection with the north bounds of premises commonly known as "20 South Street."
E. 
On the north side of West Main Street from its intersection with Genesee Street westerly to its intersection of Elm Street.
F. 
On the south side of West Main Street from its intersection with South Street westerly to its intersection with Orchard Street.
G. 
On the north side of East Main Street from its intersection with Genesee Street easterly to its intersection with Maple Street.
H. 
On the south side of East Main Street from its intersection with Genesee Street easterly to its intersection with Church Street.
ROLLER BLADES
Two devices consisting of footwear mounted on in-line nonswivel wheels, propelled by human power and having no mechanism or device with which to steer or control the direction of movement thereof, manipulated only by body movement.
ROLLER SKATES
Two devices consisting of footwear mounted on nonswivel wheels, propelled by human power and having no mechanism or device with which to steer or control the direction of movement thereof, manipulated only by body movement.
SKATEBOARD
A device consisting of a single platform and upon which a person may ride, and which is mounted on nonswivel wheels, propelled by human power, and which has no mechanism or device with which to steer or control the direction of movement thereof, manipulated only by body movement.

§ 158-4 Prohibited activity.

A. 
No person shall operate a skateboard in any prohibited public highway/street area or prohibited public sidewalk area as defined herein.
B. 
No person shall operate a bicycle in any prohibited sidewalk area as defined herein.
C. 
No person shall operate roller skates or roller blades in any prohibited public highway/street area or prohibited public sidewalk area as defined herein.
D. 
This section shall not prohibit a person operating a bicycle from crossing a sidewalk when traveling to or from a street within the prohibited area, provided that the route of such crossing is as direct as possible and the bicycle is operated in a reasonable and prudent manner for the circumstances and surroundings then existing.
E. 
No person shall use, operate or ride a skateboard, bicycle, roller skates or roller blades within the Village of Cuba in an unreasonable or imprudent manner for the conditions and circumstances then and there existing on any street, sidewalk, lane, alley or parking lot which the public has a right to use.

§ 158-5 Violation.

An act which violates § 158-4A, B or C shall constitute a nuisance per se. An act which violates § 158-4D or E shall constitute a nuisance in fact, that is to say, a nuisance by reason of circumstances and surroundings.

§ 158-6 Summary abatement of nuisance.

Abatement of nuisance. Any police officer may summarily abate a nuisance as specified herein by confiscating the skateboard, bicycle, roller skates or roller blades as the case may be; provided, however, that the police officer have reasonable grounds to believe that the prohibited act was committed by the person charged. Personal observation by the officer shall satisfy these requirements for purpose of summary abatement.

§ 158-7 Notice.

All persons alleged to be in violation shall be given notice to appear in Town Court. In the event that the respondent is under 18 years of age, notice shall also be given to the respondent's parent or guardian. In the event that the respondent denies the allegations, the respondent shall be entitled to a hearing before the Town Justice.

§ 158-8 Hearings.

A. 
All hearings under this chapter shall be treated as administrative hearings. Administrative rules of evidence shall apply. The standard of proof shall be clear and convincing evidence that the violation alleged did occur and that the respondent is the violator.
B. 
All respondents shall be entitled at the hearing to be assisted by an attorney, a parent or a friend.
C. 
In the event that any device is confiscated pursuant to this chapter, the period of impoundment shall commence the day after such confiscation. Any hearing for an alleged second or subsequent violation shall be held within 15 days of the date of the alleged violation.

§ 158-9 Penalties for offenses.

A person who admits to a violation or who is found to have violated this chapter by the Town Justice, after a hearing, shall be subject to the following sanctions:
A. 
First offense. No penalty. Upon request of the respondent, any skateboard, bicycle, roller skates or roller blades confiscated will be returned to the respondent, upon the appearance of the respondent, and also, if under 18 years of age, a parent or guardian at the Town of Cuba Police Department between 7:00 a.m. and 5:00 p.m. weekdays.
B. 
Second violation. Impoundment of skateboard, bicycle, roller skates or roller blades. The device shall be impounded for a period of 15 days, after which time it will be returned to the respondent at the Town of Cuba Police Department, provided that the civil penalty imposed herein has been paid. A civil penalty of $15 may be imposed on the respondent. In the event that the civil penalty is not paid within 60 days, the impounded skateboard, bicycle, roller skates or roller blades may be sold by the Town of Cuba Police Department.
C. 
Third violation. Impoundment of skateboard, bicycle, roller skates or roller blades. Upon a finding of such a violation, the device shall be impounded for a period of 21 days, after which time it will be returned to the respondent at the Town of Cuba Police Department, provided that the civil penalty imposed herein has been paid. A civil penalty of $40 may be imposed.
D. 
Fourth or subsequent violation. Upon a finding of such a violation, the device will be permanently forfeited and sold, given away or otherwise disposed of by the Town of Cuba Police Department. Any sale may be private or public under guidelines established by the Town of Cuba Police Department.
E. 
All penalties or sale proceeds shall be paid to the village.
F. 
Return and waiver.
(1) 
If the violator is under 18 years of age, the court may delay the return of any confiscated or impounded device until the parent or guardian appears with the respondent before the court.
(2) 
The court, in its discretion, may, in all cases, waive all or any portion of a civil penalty.
(3) 
If the respondent is not the owner of the device confiscated, the court, in its discretion, may waive or reduce the confiscation or impoundment period. In such event, the court may also require the owner, and if under 18 years, the parent and guardian of the owner, to appear in person before the court or at the Town of Cuba Police Department to obtain the return of the device.