[Adopted 7-1-1996 as Ord. No. R-194]
A. HAZARDOUS RECREATIONAL ACTIVITY IN-LINE SKATE RECKLESS OPERATION ROLLER SKATE SIDEWALK SKATEBOARD
Definitions for purposes of this article:
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.
B.
No person shall engage in the reckless operation of roller skates, in-line skates, a skateboard or a motorized scooter.
C.
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.
D.
The provisions of this section shall be enforced by the Police Department.
A.
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.
B.
Notwithstanding the provisions of Subsection A, this section does not limit liability which would otherwise exist for any of the following:
(1)
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.
(2)
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.
(3)
An act of gross negligence by the City of Hoboken or an employee thereof which is the proximate cause of the injury.
C.
Nothing in this section creates a duty of care or basis of liability for personal injury or for damage to personal property.
D.
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.
