[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.
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.
Village Law § 4-412 and Village Law Article 6.
For the purposes of this chapter, the following terms shall
have the meanings indicated:
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.
Those areas within the Village of Cuba bounded or described
as follows:
Genesee Street from its centerline intersection with East and
West Main Street northerly to the village corporate line.
South Street from its centerline intersection with East and
West Main Street southerly to the village corporate line.
West Main Street from its centerline intersection with Genesee
Street and South Street westerly to the west bounds of Bull Street.
East Main Street from its centerline intersection with Genesee
Street and South Street easterly to the village corporate line.
Water Street from its centerline intersection with Genesee Street
westerly to the village corporate line.
On the east side of Genesee Street from its intersection with
East Main Street northerly to its intersection with Genesee Parkway.
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."
On the east side of South Street from its intersection with
East Main Street southerly to its intersection with Spring Street.
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."
On the north side of West Main Street from its intersection
with Genesee Street westerly to its intersection of Elm Street.
On the south side of West Main Street from its intersection
with South Street westerly to its intersection with Orchard Street.
On the north side of East Main Street from its intersection
with Genesee Street easterly to its intersection with Maple Street.
On the south side of East Main Street from its intersection
with Genesee Street easterly to its intersection with Church Street.
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.
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.
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.
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.
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.
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.
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.
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.
