[HISTORY: Adopted by the Board of Trustees
of the Village of Lake George 8-3-2004 by L.L. No. 14-2004. Amendments noted
where applicable.]
The purpose and intent of this chapter of the
Village of Lake George is to protect the public health, welfare, safety,
peace and tranquility of the residents and visitors of the Village
of Lake George. The Board of Trustees of the Village of Lake George
finds that an increasing number of persons, especially young people,
are using skateboards and similar devices on the streets, sidewalks,
and other public places within the Village of Lake George. Many of
the people using such skateboards and similar devices have interfered
with the peace and tranquility of the residents and visitors of the
Village of Lake George, creating a public nuisance and threat to the
safety of residents and visitors lawfully walking on the public streets,
sidewalks, and parks. This chapter is designed to protect such persons.
This chapter replaces and abolishes former § 47-6, Coasting,
sliding and skating; § 47-7, Penalties for offenses and
§ 65-310B, Bicycles and roller skates on Canada Street,
of the Code of the Village of Lake George.
For the purposes of this chapter only, the following
words shall be interpreted and defined as follows:
Shoes, skates or footwear with a single row of roller wheels.
Any device, not powered by a motor, used for propelling or
transporting one or more persons and of a type commonly used for recreation
or entertainment purposes. The term "play vehicle" shall include,
for example, roller skates, in-line skates and skateboards, but shall
not include a bicycle or tricycle as defined in the New York State
Vehicle and Traffic Law.
Shoes, skates or footwear with two or more rows of roller
wheels.
A narrow board of wood, plastic, fiberglass or similar material
with roller-skate or other types of wheels attached to each end and
used for gliding or moving on any hard surfaces, without a mechanism
or other device for steering while being used, operated or ridden.
A.
No person shall ride or propel any play vehicle on
any of the following streets, highways, sidewalks, public paths, parking
lots, or within any public building, within the Village of Lake George
(except upon approval of the Village Board of Trustees for special
events at specific locations):
(1)
Lake Avenue.
(2)
Shepard Park.
(3)
Blais Park.
(4)
Lakefront Walkway.
[Added 4-11-2008 by L.L. No. 5-2008]
(5)
Lower Montcalm Concourse
[Added 4-11-2008 by L.L. No. 5-2008]
(6)
The following public streets and sidewalks:
[Added 4-11-2008 by L.L. No. 5-2008]
(a)
Canada Street (U.S. Route 9), entire length.
(b)
Beach Road between Canada Street East to West
Brook Road.
(c)
Mountain Drive between Ottawa Street and Canada
Street.
(d)
Amherst Street between Ottawa Street and its
terminus at the lake.
(e)
Montcalm Street between Ottawa Street and Canada
Street.
(f)
McGillis Avenue between Ottawa Street and Canada
Street.
(g)
Mohican Street between Dieskau Street and Canada
Street.
(h)
Sewell Street between Dieskau Street and Canada
Street.
(i)
Kurosaka Lane between Canada Street to its terminus
at the lake.
(j)
Iroquois Street, entire length.
B.
No person shall use or operate a skateboard, in-line
skates, roller skates or other play vehicle upon any public streets
(including the entire paved and improved surfaces thereof, including
gutter areas, from curb to curb, where curbs exist), sidewalks or
on any public lands within the Village of Lake George:
A.
It is a violation for any person to do any act or
fail to perform any act required by this chapter.
B.
The parent of any child and the guardian of any ward
shall not authorize or knowingly permit such child or ward to violate
any of the provisions of this chapter.
C.
Any police officer or peace officer who issues an
appearance ticket and/or other accusatory instrument to any person
alleged to be in violation of this chapter shall be authorized to
confiscate such play vehicle as evidence pending prosecution hereunder.
D.
If the play vehicle has been confiscated by a peace
officer or police officer as set forth herein, the owner thereof may
demand a hearing for the return of such play vehicle by making a written
application to the court, provided such written application is made
within five days of the date such play vehicle is confiscated. The
court shall hold such hearing within five business days of the date
it receives the request thereof. The court can authorize the retention
of the play vehicle if it finds, by a preponderance of the evidence,
the following:
E.
No part of this chapter shall be interpreted to alter,
amend or exclude in any way other regulations provided for bicycles
in this Code.
A.
Every person violating any provisions of this chapter
shall be guilty of a violation upon conviction thereof, and shall
be subject to a fine not to exceed $50 for the first offense, and
not more than $100 for each offense thereafter.
B.
In addition to any other remedies or penalties that
may be imposed, a violation of this chapter shall entitle the Board
of Trustees to undertake a remedy to repair any damage caused by the
violation of any section or provision of this chapter, and the actual
disbursements and expenses therefor, shall be added to the fine(s)
set forth in this chapter. This provision shall be in addition to
any other provisions, penalties or powers available to the Village
for enforcement of this chapter.
