Merced Municipal Code Ch. 10.45 Roller Blades, Skateboards and Other Similar Devices

For the purposes of this chapter, the following words shall be defined as follows:

A. "Skateboard" means any platform of any composition or size to which two (2) or more wheels are attached and which is intended to be ridden or propelled by one (1) or more persons standing or kneeling upon it and to which there is not affixed to it any seat or any device or mechanism to turn and control the wheels.

B. "Roller skate" means any shoe, boot or other footwear, or device which may be attached to the foot or footwear, to which one (1) or more wheels are attached, including wheels that are "in line," also known as "roller blades."

C. "Coaster device" means any platform of any composition or size to which two (2) or more wheels are attached and which can be ridden or propelled by one (1) or more persons. "Coaster de-vice" does not include wheel chairs, bicycles, or motorized vehicles.

D. "Private Property" means any property held by private interests that is used primarily for business, commercial, residential, office space, business park, religious, multifamily, or recreational purposes. This shall also include the parking facilities for these "private property" areas.

E. "Public Property" means any property owned or maintained by the city, any public agency or public school district and any public utility within the geographical boundaries of the city, including any public square, street, sidewalk or highway.

F. "Public facility" means any building, park, plaza, courtyard, parking lot, walkway, path, loading dock or other facility that is owned or maintained by the city, any public agency or public school district, or any public utility. "Public facility" does not include sidewalks.

G. "Sidewalk" means that portion of a street or highway, other than the roadway, set apart by curbs, barriers, markings or delineation for pedestrian travel.

H. "Nuisance" means any activity which (1) threatens injury to persons or property, (2) creates an obstruction or presents a hazard to the free use of public or private property by pedestrians or motorists, or (3) generates loud or unreasonable noise.

(Ord. 2107 § 1, 2002).

No person shall ride, use or propel any skateboard, roller blade, roller skate or other coaster device, whether powered by human or motorized means:

A. In or upon any privately owned, operated, or controlled property, including, but not limited to, parking lots or structures, without first obtaining the consent of the property owner, his or her designee, or a lawful occupant;

B. In or upon any public facility, including, but not limited to, parking lots or structures, with the exception of any facility that is specifically designated for such use;

C. On any ramp designed or built to afford access to buildings or structures by disabled persons;

D. In a manner which creates a nuisance as defined in Section 10.45.010;

E. While the skateboard, roller blade, roller skate or other coaster device, or the user or rider is attached or in any manner connected to any streetcar or vehicle on the roadway;

F. While under the influence of an alcoholic beverage or any drug, or under the combined influence of an alcoholic beverage and any drug;

G. On any roadway when visibility is poor because of weather conditions, lighting, or other conditions; or

H. In or upon any public right-of-way, roadway, pavement, including cross-streets, parking lot or sidewalk, or any improvement constructed or placed on a sidewalk, located within the following area:

1. The area bounded by 16th Street from G Street to V Street; V Street from 16th Street to 18th Street; 18th Street from V Street to Martin Luther King, Jr. Way; Martin Luther King, Jr. Way from 18th Street to Main Street; Main Street from Martin Luther King, Jr. Way, to G Street.

a. Notwithstanding subsection (H)(1) of this section, the use of skateboards, roller blades, roller skates or other coaster devices used in a lawful manner as a means of transportation shall not be prohibited on the sidewalks adjacent to 16th Street, I Street, O Street, or P Street.

b. Notwithstanding subsection (H)(1) of this section, the use of roller blades or roller skates used in a lawful manner as a means of transportation shall not be prohibited outside the area bounded by 16th Street from Martin Luther King, Jr. Way to N Street; N Street from 16th Street to 18th Street; 18th Street from N Street to Martin Luther King, Jr. Way; Martin Luther King, Jr. Way from 18th Street to 16th Street.

2. The public works department is hereby directed to post and maintain signs providing notice that the use of skateboards, roller blades, roller skates, or other coaster devices is prohibited in the applicable areas as described by this subsection.

(Ord. 2107 § 1, 2002).

The city council may by resolution prohibit skateboarding, rollerblading, roller skating, or the use of other coaster devices on public streets, sidewalks, parking lots and other public property when it is determined to be necessary to protect the health, safety, and welfare of pedestrians, motorists or persons operating said skateboards on said streets and sidewalks.

(Ord. 2107 § 1, 2002).

This code does not prohibit travel by human powered skateboard, roller blade, roller skate or other similar coaster device upon designated city bike paths so long as they do not interfere with use of the path and the rider or user abides by all rules which apply to such pathways, and are not otherwise prohibited by law.

(Ord. 2107 § 1, 2002).

The city council may, by resolution, grant approval for the use of roadways, city-owned streets, parking lots, parking structures and sidewalks for organized skating events of community-wide interest and importance. In granting such approval, the council may impose such conditions, restrictions and requirements as it deems necessary or desirable in order to protect the public interest and promote the general welfare. Furthermore, the city manager in his sole discretion may suspend the enforcement provisions of this chapter to accommodate special events when so requested by the event organizer.

(Ord. 2107 § 1, 2002).

A. Prior to the enforcement of the prohibition of skateboarding, rollerblading, roller skating or use of other coaster devices at any school campus, and only when these activities create a nuisance as defined in Section 10.45.010, a sign announcing a school's policy prohibiting these activities must be posted along with a sign announcing the section of this article pertaining to the regulation of skateboarding, rollerblading, roller skating, and the use of coaster devices, Section 10.45.020.

B. Notwithstanding Section 10.45.020, school officials may permit skateboarding, rollerblading, roller skating or the use of coaster devices on a posted campus as part of a school-supervised recreational or athletic activity.

(Ord. 2107 § 1, 2002).

A. When riding in or upon a roadway, persons riding, using, or propelling skateboards, roller blades, roller skates or other coaster devices, as otherwise permitted under this chapter, shall obey all vehicle code provisions which regulate the operation of bicycles and which are reasonably applicable to the use of skateboards, roller skates or other coaster devices. No person riding, using, or propelling any skateboard, roller blade, roller skate or other coaster device, whether powered by human or motorized means, shall fail to obey any traffic control signal or pedestrian traffic control signal.

B. When riding upon a sidewalk, persons riding, using, or propelling skateboards, roller skates or other coaster devices, as otherwise permitted under this chapter, shall obey the following rules of the road:

1. Riders or users shall yield the right-of-way to pedestrians whenever and wherever they are encountered; and,

2. Riders or users shall proceed with due care and at a safe speed.

C. No person shall ride, use or propel a skateboard, roller skate or other coaster device recklessly, or in such a manner as to cause or threaten to cause injury to himself or others, or to cause or threaten to cause damage to public or private property.

(Ord. 2107 § 1, 2002).

This chapter shall not apply to any of the following:

A. The use of human or motor-propelled devices on any sidewalk, street, public right-of-way, or upon any land, property, or facility owned or controlled by the City of Merced by any person who is disabled or handicapped, or whose ability to walk is impaired as shown by medical evidence;

B. Any device designated, intended and used solely for the transportation of infants; or

C. The transportation of goods or merchandise to and from the place of purchase or storage.

(Ord. 2107 § 1, 2002).

Every person skateboarding, rollerblading, roller skating, or using any other coaster device at a publicly owned or operated facility for such use shall wear a helmet, elbow pads and knee pads while so skateboarding, rollerblading, roller skating or using any other coaster device.

(Ord. 2107 § 1, 2002).

The public works department is hereby directed to post and maintain signs at all publicly owned skate parks within the city providing notice that any person riding a skateboard, skates, or using any other coaster device in the facility must wear a helmet, elbow pads and knee pads, and that any person failing to do so will be subject to citation under Section 10.45.090 for an infraction pursuant to Section 1.12.020 of this code.

(Ord. 2107 § 1, 2002).

Whenever a police officer has probable cause to believe a skateboard was used or is being used in violation of any provision of this chapter, the police officer may seize the skateboard.

(Ord. 2107 § 1, 2002).

A. Any person who violates any provision of this chapter is guilty of an infraction. Nothing in this chapter shall prevent the city from pursuing criminal, civil, administrative, or any other legal remedy to address violations of this chapter. The penalty for the first violation of this chapter shall be punishable by an administrative, criminal, or civil fine in the amount of twenty-five dollars ($25.00). The second violation of this chapter shall be punishable by a fine in the amount of fifty dollars ($50.00). The third violation of this chapter shall be punishable by a fine in the amount of one hundred dollars ($100.00). Any person who violates any provision of this chapter, four (4) or more times is guilty of a misdemeanor, subject to punishment in accordance with Chapter 1.12 of this code.

B. An additional optional penalty for a violation of any provision of this chapter shall be forfeiture of any skateboard used in violation of this chapter, unless it is proven that the defendant does not own the skateboard and the owner did not or could not have reasonably known that the skateboard would be used in violation of this chapter.

(Ord. 2107 § 1, 2002).

(Ord. No. 2343, § 16, 10-19-2009)

A. Any person authorized to enforce ordinances may issue a citation to any person who violates this chapter.

B. The citation shall set forth the section or sections of this chapter so violated; the date; the approximate time thereof; the location where the violation occurred; the amount of the fine; a statement printed on the notice indicating that payment of the fine is required to be made not later than twenty-one (21) calendar days from the date of citation issuance; the procedure for the alleged violator to deposit the amount of the fine with the finance officer or to contest the citation pursuant to Section 10.45.140; and an appropriate notice to the recipient of his or her right not to contest the violation and appropriate instructions and procedures for payment, as prescribed by the finance officer.

C. Any person to whom a ticket is issued may, within twenty-one (21) days of receipt, pay the amount of the fine in lieu of contesting the violation. Upon timely payment under this section, unless it is determined that the penalty for the violation shall include forfeiture of a skateboard used in violation of this chapter, the police department shall make any skateboard seized under this section available for return to the offender pursuant to the procedures established by the police department.

(Ord. 2107 § 1, 2002).

A. For a period of twenty-one (21) calendar days from the issuance of the citation, a person may request an initial review of the citation by the issuing agency. The request may be made by telephone, in writing, or in person. There shall be no charge for this review.

B. If, following the initial review, the issuing agency is satisfied that the violation did not occur, or that extenuating circumstances make dismissal of the citation appropriate in the interest of justice, the issuing agency shall cancel the citation. The issuing agency shall advise the finance officer of the cancellation. The issuing agency or the finance officer shall mail the results of the initial review to the person contesting the citation.

C. If the person is dissatisfied with the results of the initial review, the person may request an administrative hearing of the violation no later than twenty-one (21) calendar days following the mailing of the results of the issuing agency's initial review. The request may be made by telephone, in writing, or in person. The person requesting an administrative hearing shall deposit the amount of the fine with the finance officer.

D. The finance officer shall provide a written procedure to allow a person to request an administrative hearing without payment of the fine upon satisfactory proof of an inability to pay the amount due. Notice of this procedure shall be provided to all persons requesting an administrative hearing.

E. The administrative hearing shall be held within ninety (90) calendar days following the receipt of a request for an administrative hearing. The person requesting the hearing may request one (1) continuance, not to exceed twenty-one (21) days.

(Ord. 2107 § 1, 2002).

The administrative hearing process shall include the following:

A. The city manager or his duly authorized representative shall hear and consider all relevant evidence, objections or protests, and shall receive testimony from the accused violator and any witnesses.

B. The person requesting a hearing shall have the choice of a hearing by mail or in person.

C. If the person requesting a hearing is a minor, that person shall be permitted to appear at a hearing or admit responsibility for the violation of this chapter without the necessity of the appointment of a guardian. The hearing may proceed against the minor in the same manner as against as adult. If it is determined that a minor has violated this chapter, and if the minor cannot pay the fine for the violation, the minor's parents may be held liable for the amount of the fine.

D. The administrative hearing shall be conducted in accordance with written procedures established by the finance officer and approved by the city manager. The hearing shall provide an independent, objective, fair, and impartial review of contested violations under this chapter.

E. The police officer or person who issues a citation may, but shall not be required to, participate in an administrative hearing. The issuing agency shall not be required to produce any evidence other than the citation or copy thereof. The documentation in proper form shall be prima facie evidence of the violation.

F. The examiner's decision following the administrative hearing may be personally delivered to the person by the examiner or sent by first-class mail.

(Ord. 2107 § 1, 2002).

Contested charges shall be resolved, fines shall be imposed, and payments shall be collected and processed by the finance officer.

(Ord. 2107 § 1, 2002).