SEC. 10.54.  RESTRICTION OF SKATEBOARDS, ROLLER SKATES, ROLLER BLADES, ROLLER SKIS, BICYCLES, OR OTHER RECREATIONAL DEVICES ON CITY SIDEWALKS, PUBLIC PARKING AREAS, ALLEYWAYS, AND OTHER DESIGNATED AREAS.

SUBD. 1. Purpose.  The purpose of this ordinance is to protect the public health and safety arising out of the use of skateboards, roller skates, roller blades, roller skies, or other recreational devices within the City in an area described in Subdivision 2(A).  The City Council finds that there is a substantial lack of statutory regulation of the use of such devices and that there have been numerous complaints of residents of the City relating to their use on public sidewalks and in certain commercial or industrial areas such as parking lots where automobile and motorized vehicular traffic are frequent.

SUBD. 2. Definitions.  For purposes of this Ordinance, the following terms shall be defined in this manner:

A.     Bicycle.  “Bicycle” means every device propelled solely by human power upon which any person may ride, having two tandem wheels except scooters and similar devices and including any device generally recognized as a bicycle though equipped with two front and rear wheels.

B.     Roller Skates or Roller Blades.  Are defined as a boot or shoe having wheels attached which enable the wearer to propel him or herself with a skating motion.  This definition shall specifically include, but is not limited to, inline roller skates and roller blades.

C.    Skateboard.  Is defined as a rider propelled footboard mounted over small wheels upon which a rider may sit or stand.

D.    Sidewalk.  Is defined as that portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines intended for the use of pedestrians.

E.     Restricted Area.  Shall include the following sites.

a.       Sturges Park Band Shell – inclusive of all areas on or within 15 feet of the Band Shell

b.      Water Treatment Plant – inclusive of all areas inside the perimeter sidewalk

c.       Tennis Courts – inclusive of all areas inside the fenced area of the Tennis Courts

d.      Veterans Memorial Park – inclusive of all areas inside of the curb line adjacent the Veterans Memorial Park

e.       Electric Substation – inclusive of all areas inside the perimeter sidewalk

SUBD. 3. Prohibited Acts.  It shall be unlawful for any person to participate or engage in any of the following acts:

     A.  To ride or propel himself/herself upon a skateboard, roller skates, roller blades, roller skis, or other recreational devices while on the paved and/or traveled portion of any of the following sidewalks, public parking lots or alleyways within the B-5 Central Business District ("CBD"), more particularly described as follows:

Beginning at the intersection of Central Avenue and 3rd Street NE then south using the west right of way line of Central Avenue to the intersection of Central Avenue and 2nd Street South then East along

the centerline of 2nd Street South to the intersection of 3rd Avenue South then North along the centerline of 3rd Avenue South to the intersection of 3rd Avenue South and Division Street then West along the north right of way line of Division Street to the intersection of Division Street and 1st Avenue Northeast then North along the east right of way line of 1st Avenue Northeast to the intersection of 1st Avenue Northeast and 3rd Street Northeast to the point of beginning, said area to include the Buffalo Public Library and the block in which it is contained.  Public streets are not to be considered a part of the area covered by the ordinance.

     B.  To ride upon a skateboard, roller skates, roller blades, roller skis, or other recreational device in any area within the jurisdictional limits of the City described in Section 2(A) while being pushed, pulled or in any way propelled by any motorized vehicle or by any person or bicycle.

     C.  To ride or propel himself/herself upon a skateboard, roller skates, roller blades, roller skis, or other recreational device on any public street, roadway or highway which is not specified above as prohibited in a direction which is perpendicular to the normal direction of roadway or highway traffic except for the purpose of traversing the same at an intersection or designated crosswalk.

     D.  To ride a bicycle, skate, or ride a skateboard on the restricted areas described in Subdivision 2, E.

     E.  Exceptions.  It will be lawful for any person to ride or propel himself/herself upon a skateboard, roller skates, roller blades, roller skis, or other recreational device on any public parking lot in the CBD as described above between the hours of 8:00 p.m. and 10:30 p.m. or upon prior approval of the City of Buffalo for special events.

Subd 4. Observation of Rules of Road.  Any person who participates or engages in the use of skateboards, roller skates, roller blades, roller skis, or other recreational device on streets, roadways or highways within the City described in Section 2(A) are not specified above as prohibited must observe the same rules of the road as required of bicycles pursuant to Minnesota Statute 169.222.

Subd 5. Violations. 

A.    Any person who violates any provision of this ordinance shall be guilty of a petty misdemeanor.

B.     Any person who violates any provision of this ordinance where such violation resulted in injury to any person or property, or where the violation created the imminent danger of injury to any person, shall be guilty of a misdemeanor punishable by up to $700.00 fine and 90 days in jail or both. 

C.     In addition, any peace officer who observes any person violating any of the provisions of this ordinance is authorized to seize the offender’s skateboard, roller skates, roller skis, or other recreational devices and to hold the same at the Buffalo Police Station.  In the event of such seizure, the offender, if an adult, may secure the return of the article seized after twenty-four hours have elapsed since the seizure.  In the case of a minor, the article seized shall be returned only to the parent or guardian of such minor offender after twenty-four hours have elapsed since the seizure. 

 

Source: Ordinance No. 6b, Series IV

Effective Date: 08-10-95

 

Source:  Ordinance 63, Series V

Effective Date:  06-02-2005