Section 8.75
PREAMBLE: Whereas, the use of skateboards, scooters, roller skates and inline skates have created an immediate and substantial hazard to public safety in the Central Business District of the City of Tracy, Minnesota, more specifically at the Tracy Municipal Building, due to skaters applying skating wax to various areas adjacent to said building and the skaters using the handicapped ramp, placing these recreational skaters in close physical proximity to pedestrian traffic which could result in injuries to both pedestrian and skater;
NOW THEREFORE, Ordinance No. 256 being enacted herein is proclaimed an emergency ordinance pursuant to Tracy City Charter Section 3.06 Emergency Ordinances which shall take effect immediately after its adoption.
Subd 1. DEFINITIONS.
A. "Person" includes an individual, partnership, corporation, the state and its agencies and subdivisions, and any body of person, whether incorporated or not.
B. "Skateboard" or "Scooter" means a wheeled, self-propelled device designed to transport a rider in a standing position, which device is not otherwise attached to a rider's feet or shoes.
C. "Roller Skates" or "Incline Skates" means a shoe with wheels attached or a device with wheels attached or a device with wheels which is designed to be attached to a shoe.
D. "Operate" means to ride on or upon or control the operation of a skateboard, scooter, roller skates or inline skates.
E. "Operator" means every person who operates or is in actual physical control of a skateboard, scooter, roller skates or inline skates.
Subd 2. PROHIBITED ACTS. It shall be unlawful for any person to operate a skateboard, scooter, roller skates or inline skates under the circumstances set forth in this section as follows:
A. On private property of another without express permission to do so by the owner or occupant of said property.
B. In any careless, reckless or negligent manner so as to endanger or be likely to endanger the safety of any person or property of another person.
C. Upon any public street or public sidewalk within the Downtown area bounded on the East by 2nd Street, and the sidewalk on the West side of 2nd Street, on the West by Fourth Street, and the sidewalk on the East side of 4th Street, on the North by Rowland Street, and the sidewalk on the South side of Rowland Street and on the South by South Street, and the sidewalk on the North side of South Street.
D. The operator of a skateboard, scooter, roller skates or inline skates emerging from an alley, driveway or building upon approaching a sidewalk, or the sidewalk area extending across any alleyway shall yield the right-of-way to all vehicles approaching on the roadway.
E. No person operating a skateboard, scooter, roller skates, or inline skates shall be pushed, pulled or in any manner be propelled by any motorized vehicle or by a person on a bicycle.
Subd 3. M.S.A. 169.222 BICYCLE RULES OF THE ROAD TO APPLY.
Any person who engages in the use of skateboards, scooters, roller skates or inline skates on streets within the City of Tracy shall observe and obey the same rules of the road as required of bicycles under the provisions of M.S.A. 169.222, and any applicable section of City Code Section 7.40 BICYCLES.
Subd 4. IMPOUNDMENT. Any police officer who observes a violation of this ordinance is hereby authorized to impound the skate board, scooter, roller skates or inline skates and to hold the same at the police department of the City of Tracy. The skateboard, scooter, roller skates or inline skates shall be immediately release to a custodial parent or legal guardian of any operator under the age of eighteen (18) years, and shall be released to any operator eighteen (18) years of age or over following the expiration of a twenty-four (24) hours impoundment period.
Subd 5. PENALTY. Violation of this ordinance is a petty misdemeanor and, upon conviction thereof, punishable by a maximum penalty authorized for the commission of a petty misdemeanor under the laws of the State of Minnesota.