ORDINANCE 4-37
AN ORDINANCE OF THE CITY OF PONDERAY, BONNER COUNTY, IDAHO, ADDING CHAPTER 12 TO TITLE 5 REGULATING THE USE OF SKATEBOARDS, ROLLER BLADES, BICYCLES AND SIMILAR HUMAN-PROPELLED VEHICLES ON PUBLIC PROPERTY; AND PROVIDING FOR THE PUBLICATION OF THIS ORDINANCE AND AN EFFECTIVE DATE HEREOF:
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF PONDERAY, BONNER COUNTY, IDAHO:
Section 1.00:
Chapter 12, Title 5, Ponderay Municipal Code, is hereby adopted as follows:
5-1201. Prohibited conduct. (1) No persons shall roller skate, roller blade, ride a skateboard, ride a bicycle or ride a scooter in a reckless manner on any public street or sidewalk, or on any public property.
(2) No person shall roller skate, roller blade, ride a skateboard, ride a bicycle, or ride a scooter on the property occupied by the Ponderay City Hall and United States Post Office, or the Ponderay Police Department.
5-1202. General Standard of Care. (1) Every person using roller-skates, roller blades, a skateboard, a bicycle or a scooter upon any street, road, sidewalk or PUBLIC path in the City shall use the same in a careful and prudent manner and at a rate of speed no greater than is reasonable and proper under the conditions existing at the point of operation, taking into account the amount and character of pedestrian traffic, grade and width of sidewalk or public path, and conditions of surface, and shall obey all traffic-control devices.
(2) every person using roller-skates, roller blades, a skateboard, a bicycle or a scooter upon a sidewalk or public path shall yield the right-of-way to any pedestrian thereon.
(3) Except as otherwise provided by State law or this Chapter, the rules of the road relating to pedestrians shall apply to persons roller skating, roller blading, skateboarding or riding a scooter.
5-1203. Definitions. For purposes of this Chapter, the following definitions apply:
(1) Reckless manner — any conduct which would endanger, or which would be likely to endanger, any person or property.
(2) Roller skate or Roller blade — any shoe-like device with wheels attached, including anything advertised, sold or used as roller skates, in-line roller skates or roller blades.
(3) Scooter — any single platform mounted on wheels which is propelled by human power, motor or wind, or which is towed by any person, device, vehicle or animal, and which has a mechanism or other device with which to steer or control the movement or direction of the platform, but which is not licensed for travel on PUBLIC streets.
(4) Skateboard — any single platform mounted on wheels which is propelled by human power, motor or wind, or which is towed by any person, device, vehicle or animal, and which has a mechanism or other device with which to steer or control the movement or direction of the platform.
5-1204. Exception. This Chapter shall not apply, and is not intended to apply, to any human-propelled or motorized device necessary for a person to be ambulatory.
5-1205. Savings Clause. If any section or part o this Chapter is held to be invalid or unconstitutional by a court of competent jurisdiction, that holding shall not invalidate or impair the validity, force or effect of any other section or part of this Chapter.
5-1206. Violation; Penalty. Any person violating this Chapter or any provision thereof shall be guilty of an infraction and, upon conviction thereof, shall be punishable as provided by State law.
Section 2.00
This Ordinance shall be in full force and effect upon its publication according to law in the bonner County Daily Bee, a newspaper of general circulation published in the City of Sandpoint and the official newspaper of the City of Ponderay, and hereby declared to be the official newspaper for the publication of this Ordinance.
ADOPTED as an Ordinance of the City of Ponderay on this 7th day of March.
JESSIE DEMERS, Mayor
ATTEST:
NANCY PIATT, City Clerk
SNP Legal 5920
March 11, 2005