Visalia Municipal Code Ch. 10.44 Skateboards, in-Line Skates, Rollerskates and Bicycles

As used in this chapter, the following terms are defined in this section:

“Bicycle” is defined by the Section 231 of the California Vehicle Code.

“In-line skate” means any vehicle, device, or contrivance with any number of wheels in a straight line attached to a shoe, or other foot gear, which is designed to be, or can be, propelled by human power, and which is not defined as a bicycle by the California Vehicle Code. The term in-line skate also includes motorized in-line skates.

“Rollerskate” means any vehicle, device, or contrivance with any number of wheels attached to a shoe, or other foot gear, which is designed to be, or can be propelled by human power, and which is not defined as a bicycle by the California Vehicle Code. The term rollerskate also includes motorized roller skates.

“Skateboard” means any vehicle, device, or contrivance with any number of wheels, with a riding surface of any design, upon which a person may place one or more feet, and which is designed to be, or can be propelled by human power, and which is not defined as a bicycle by the California Vehicle Code. The term skateboard also includes motorized skateboards. (Ord. 2012-17 § 2 (part), 2013: prior code §§ 5801, 5802, 5803)

The riding of skateboards, in-line skates, rollerskates, bicycles, or other similar contrivances, as defined in Section 10.44.010 shall be prohibited upon any private or public property when such property has been posted pursuant to this section. Property owners and/or their managers are authorized to post or erect signs, at their own expense, prohibiting the riding of skateboards, in-line skates, rollerskates, bicycles, or similar contrivances in or on those premises for which such a request has been made to, and approved by, the chief of police or his/her designee. (Ord. 2012-17 § 2 (part), 2013: prior code § 5800)

The property owner or its manager shall erect authorized signs giving notice of the prohibition set forth in Section 10.44.020. above. Authorized signs shall be a minimum of twelve (12) inches by eighteen (18) inches, with one-inch letters, posted adjacent to the entrances to the subject property. These signs may be erected in such a position to prevent vandalism or theft. The property owner, or manager, shall have on file with the police department a signed consent form authorizing the police department to enforce said ordinance.

Example Sign: “NO SKATEBOARDING, BICYCLE RIDING, ROLLERBLADING, OR ROLLER SKATING ON SIDEWALK, V.M.C. 10.44.020, EMERGENCY VEHICLES EXEMPT" (Ord. 2012-17 § 2 (part), 2013: prior code § 5804)

Section 10.44.020 shall not be deemed to make punishable an act or acts which are prohibited by any statute of the state of California. (Prior code § 5805)

Any violation of this chapter shall constitute an infraction and shall be punishable as hereinafter provided:

A. A fine not to exceed one hundred dollars ($100.00).

B. On the 5th calendar day following the date indicated on the citation as the date to appear if no appearance has been made by either:

• 1. Payment of bail;
• 2. Payment of a fine imposed by this section;
• 3. The filing of a notice of contest with the collecting agency;

the citation shall be deemed delinquent and a fine of five dollars ($5.00) shall be imposed in addition to that imposed under subsection (A) of this section.

C. On the 40th calendar day following the date indicated on the citation as the date to appear if no appearance has been made by either:

• 1. Payment of bail;
• 2. Payment of a fine imposed by this section;
• 3. The filing of a notice of contest with the collecting agency;

the citation shall be deemed delinquent and an additional fine of fifteen dollars ($15.00) shall be imposed in addition to that imposed under subsections (A) and (B) of this section. (Prior code § 5806)

It is declared to be the intention of the City Council that the subsections, paragraphs, sentences, clauses, and phrases of this chapter are distinct and severable and, in the event that any subsections, paragraphs, clauses, and/or phrases are declared unconstitutional, invalid, or unenforceable by any court of competent jurisdiction, such unconstitutionality, invalidity, or unenforceability shall not affect any of the remaining subsections, paragraphs, clauses, or phrases of this chapter. (Prior code § 5807)