A recreational activity conducted on property of the City
of Hoboken which creates a substantial (as distinguished from a minor,
trivial, or insignificant) risk of injury to a participant or a spectator,
and by way of example, includes but is not limited to: bicycle racing
or jumping, operating a motorized scooter, in-line skating, roller
blading, roller skating, skateboarding.
A manufactured or assembled device consisting of an upper
portion that is intended to be secured to a human foot, with a frame
or chassis attached along the length of the bottom of such upper portion,
with such frame or chassis holding two or more wheels that are longitudinally
aligned and used to skate or glide, by means of human foot and leg
power while having such device attached to each such foot or leg.
Operating roller skates, in-line skates, a skateboard or
a motorized scooter on a public street, highway or sidewalk in such
a manner which causes harm to the safety or property of another, or
in the following manner:
A manufactured or assembled device consisting of a frame
or shoe having clamps or straps or both for fastening, with a pair
of small wheels near the toe and another pair at the heel mounted
or permanently attached thereto, for skating or gliding by means of
human foot and leg power.
That portion of the street, whether paved or unpaved, between
the curblines or the lateral line of a roadway and the adjacent property
lines, intended for the use of pedestrians. Where it is not clear
which section is intended for the use of pedestrians the sidewalk
will be deemed to be that portion of the street between the building
line and the curb.
A device consisting of a platform, usually curved upwards
at each end, to which are mounted or permanently attached two swiveling
frames, each of which is used to support and guide a pair of small
wheels, which device glides or is propelled by means of human foot
or leg power.
Each violation of Subsection B of this section shall be a separate traffic infraction and shall be punishable accordingly. Any person who is found guilty of a violation of Subsection B shall be subject to a fine of not less than $50 nor more than $100 or imprisonment for a term not exceeding five days, or community service not in excess of 100 hours, or any combination of the above penalties.
Neither the City of Hoboken nor a public employee
or officer thereof is liable to any person who participates in a hazardous
recreational activity, including any person who assists the participant,
or to any spectator who knew or reasonably should have known that
the hazardous recreational activity created a substantial risk of
injury to himself or herself and was voluntarily in the place of risk,
or having the ability to do so failed to leave, for any damage or
injury to property or persons arising out of that hazardous recreational
activity.
Failure of the City of Hoboken or an employee
thereof to guard or warn of a known dangerous condition or of another
hazardous recreational activity known to the public entity or employee
that is not reasonably assumed by the participant as inherently a
part of the hazardous recreational activity out of which the damage
or injury arose.
Injury suffered to the extent proximately caused
by the negligent failure of the City of Hoboken or an employee thereof
to properly construct or maintain in good repair any structure, recreational
equipment or machinery utilized in the hazardous recreational activity
out of which the damage or injury arose.
Nothing in this section shall limit the liability
of a business enterprise or any person or organization other than
the City of Hoboken, whether or not the enterprise, person or organization
has a contractual relationship with the City of Hoboken to use the
public property, for injuries or damages suffered in any case as a
result of the operation of a hazardous recreational activity on public
property by the enterprise, person, or organization.