ORDINANCE NO. 112-15

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ORDINANCE NO. 112-15

BE IT ORDAINED by the City Council (the “Council”) of the City of Opelika, Alabama (the “City”) as follows:

Section 1.  Amendment. That Chapter 16 of the Code of Ordinances of the City of Opelika, Alabama, is hereby amended to add a new Article IX entitled “Skateboards, Rollerskates and Coasters” to read as follows:

ARTICLE IX

SKATEBOARDS, ROLLERSKATES AND COASTERS

SEC. 16-325.  DEFINITIONS

The following words and phrases when used in this article, have the meanings respectively ascribed to them in this section:

(a) “Business” means any sole proprietorship, partnership, joint venture, corporation or other business entity formed for profit-making purposes, including retail establishments where goods or services are sold as well as professional corporations and other legal entities where legal, medical, dental, engineering, architectural or other professional services are delivered.

(b)  “Coasters” means a footboard mounted upon two or more wheels and controlled by an upright steering handle.  This device is propelled by the user and usually in an upright position.

(c)  “Nonprofit establishment” means any corporation, unincorporated association or other entity created for charitable, religious, philanthropic, educational, character-building, political, social or other similar purposes, the net proceeds from the operations of which are committed to the promotion of the objects or purposes of the organization and not for private financial gain.  A public agency is not a nonprofit establishment within the meaning of this Section.

(d)  “Public Property” means any property owned, operated or leased by a federal, state or local public entity, including the City of Opelika, Alabama.

(e)  “Rollerskates” means a pair of shoes, mounted upon two or more wheels and is most often propelled by the user in an upright, standing position or kneeling.

(f)  “Skateboard” means a footboard mounted upon two or more wheels and is usually propelled by the user who sometimes stands, sits, kneels, or lays upon the device while it is in motion.

SEC. 16-326.  PROHIBITED AREAS

It is unlawful for any person to operate or ride upon any skateboard, rollerskates or coaster upon the following prohibited areas:

(a)  Any street, alley, sidewalk or publicly owned parking lot in the downtown business district of the City.  For purposes of this article, the downtown business district is the area bounded by the following streets:  2nd Avenue, 10th Street, 6th Street and Avenue C.

(b)  Any street, alley, sidewalk or publicly or privately owned parking lot in the Tiger Town business district.  For purposes of this article, the Tiger Town business district is the area bounded by the following streets:  Frederick Road, Gateway Drive, Interstate Drive and Corporate Drive.

(c)   Tennis courts on public property.

(d)  Any portion of construction projects, whether or not completed, located on public or private property.

(e)  Walls, steps, driveways or parking lots on public property, provided that the area is clearly and conspicuously posted by signs stating that “skating and skateboarding prohibited”.

(f)  Any private property opened to the public which is specifically hereinafter listed, provided that the area is clearly and conspicuously posted by signs stating that “skating and skateboarding prohibited”.

(1)  Parking lots of a shopping center, business or nonprofit establishment.

(2)  Driveways of a shopping center, business or nonprofit establishment.

(3) On walls, steps or railings of a shopping center, business or nonprofit establishment.

(4) Sidewalks and pedestrian ways within a shopping center.

SEC. 16-327.  GUIDELINES FOR SIGNS

The following guidelines are provided for any signs required by this Article:

(a)  Size.  The size of the sign(s) should be no greater than one foot by one foot.

(b)  Language.  The wording on the sign(s) shall be as follows: “Skating and Skateboarding Prohibited”.  The first two words should ordinarily be considerably larger than the remaining part of the message.

(c)  Location.  The sign(s) should appear at all entrances and around the periphery of the area of prohibition.  The spacing of signs should be frequent enough to alert prospective violators but not so many as to constitute an eyesore.  Usually signs should be at least once every sixty feet, but not more often than every thirty feet.

SEC. 16-328.  REGULATIONS FOR ROADWAYS.

It is unlawful for any person to ride in or on a skateboard, rollerskates, rollerblades, coaster or similar device, on or across any road, street or highway in such a manner as to interfere with the movement of vehicles thereon, or in such a way as to create an unreasonable risk of harm to vehicular or pedestrian traffic.  The following rules and regulations shall apply to riding or propelling of skateboards or other listed devices on roadways.  Skateboards and other listed devices must

(A)  Stop at all stop signs and red signals;

(B)  Yield to all vehicles at yield signs;

(C)  Yield to all pedestrians at marked and unmarked crosswalks;

(D)  Not impede traffic or interfere with the flow of vehicular traffic;

(E)  Yield to approaching vehicles when entering any roadway;

(F)  Not be towed by a motor vehicle at any speed or a bicycle at an unsafe speed;

(G)  Yield bicycle lanes to bicycles and not use bicycle lanes in any manner contrary to the free and open use of those lanes by bicycles;

(H)  Not suddenly leave a curb or other place of safety and travel into the path of a vehicle which is so close as to constitute an immediate hazard;

(I)  Operate the skateboard or other listed device in such a way that endangers or is likely to endanger themselves or others.

SEC. 16-329.  REGULATIONS FOR SIDEWALKS.

When riding a skateboard, rollerskates, rollerblades, coaster or similar device on sidewalks or other areas that are not prohibited, those person(s) riding or propelling such devices shall

(A)  Yield to all other pedestrians;

(B)  Proceed with due care and at a safe speed when in the presence of pedestrians or on any sidewalk where there is the possibility of a pedestrian suddenly emerging onto the sidewalk from a business or residence.

SEC. 16-330.  SEIZURE AND FORFEITURE.

Whenever a law enforcement officer has probable cause to believe that a skateboard, rollerskates, coaster or similar device was used or intended to be used in violation of this article, such skateboard or similar device is subject to seizure and forfeiture. In the event of seizure pursuant to this article, forfeiture shall be deemed complete unless the owner requests a hearing before a municipal judge.  At such hearing, the forfeiture shall be ordered upon the City’s showing of probable cause as provided herein.

SEC. 16-331. PENALTY FOR VIOLATION AND ENFORCEMENT

(A)  Any person violating any provision of this article shall be guilty of a misdemeanor and shall be punished as follows:

(1)  First offense, fine of $50.00 and impoundment of device for 10 days

(2)  Second offense, fine of $100.00 and impoundment of device for 30 days

(3)  Third or subsequent offenses, fine of $200.00 and impoundment of device for 60 days.

(B)  Court magistrates are authorized to accept such fines and adjudicate all offenses in cases where the party receiving a citation wishes to pay a fine without a court appearance.

(C)  Property owners are responsible for posting the signs required by this article, for being willing to sign citations and for assisting with prosecution with citation.

Section 2.  REPEAL OF CONFLICTING PROVISIONS.   All other ordinances or parts thereof which are in conflict with this ordinance and the article hereby adopted are hereby repealed.

Section 3.  SEVERABILITY.    The provisions of this article are severable.  If any section, clause, sentence or phrase of this article is held to be invalid or unconstitutional by any Court of competent jurisdiction, then said holding shall not affect the validity of the remaining portions of this Ordinance.

Section 4.  CONSTRUCTION.   If any section, paragraph or sentence or word of this Ordinance or the article hereby adopted be declared for any reason to be invalid, it is the intent of the City Council that it would have passed all other portions of this Ordinance and the article hereby adopted independent of the elimination therefrom of such portion that may be declared invalid.

Section 5.  EFFECTIVE DATE.  This Ordinance and the article hereby adopted shall take effect and be enforced immediately upon its adoption, approval and publication as required by law.

Section 6.  PUBLICATION.  The City Clerk of the City of Opelika, Alabama is hereby authorized and directed to cause this Ordinance to be published one (1) time in a newspaper of general circulation published in the City of Opelika, Lee County, Alabama.

ADOPTED AND APPROVED this the 19th day of May, 2015.

/s/ C. E. “Eddie” Smith, Jr.

PRESIDENT OF THE CITY COUNCIL OF THE CITY OF OPELIKA, ALABAMA

ATTEST:

/s/ R. G. Shuman

CITY CLERK

TRANSMITTED TO MAYOR on this the 20th day of May, 2015.

/s/ R. G. Shuman

CITY CLERK

ACTION BY MAYOR

APPROVED this the 20th day of May, 2015.

/s/ Gary Fuller MAYOR

ATTEST:

/s/ R. G. Shuman

CITY CLERK

Legal run 5/22/15

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