Fowler, Indiana Official Website

TOWN OF FOWLER, INDIANA



ORDINANCE NO. 2006-1



AN ORDINANCE REGULATING THE USE OF SKATEBOARDS, ROLLER SKATES AND SIMILAR



DEVICES 



BE IT ORDAINED by the Town Board of Fowler, Indiana, under authority of



Indiana Code 36-1-3-1, et seq, that operating a skateboard, coaster, or



roller skates within the following locations is hereby declared a public



nuisance and is therefore prohibited on the following designated streets,



sidewalks and parking lots: 



1.      East 5th  Street, its sidewalks, and any immediate adjacent



Town-owned areas of the downtown area.  



2.      Those areas and sidewalks under jurisdiction of the Town of Fowler



and commonly known and associated as being part of the downtown business



district.



(A)     Definition.  For the purpose of this section, the following



definition shall apply unless the context clearly indicates or requires a



different meaning.



SKATEBOARD.  An item consisting of a short, oblong board, not



exclusive to wood, with a pair of small wheels at each end, ridden on a hard



surface such as a floor, sidewalk, or street.



(B)     Compliance required.  No person shall ride a skateboard within



the Town of Fowler without complying with this section and any and all other



applicable ordinances and statutes.



(1)     Yielding to pedestrians. Whenever any person is riding a



skateboard upon a sidewalk or other paved surface intended for use by



pedestrians, such person shall yield the right-of-way to any pedestrian and



shall not approach, overtake or pass such pedestrian in a reckless or



careless manner, nor pass such pedestrian except in a single file if such



person is riding a skateboard with other such riders.



(2)     Riding on certain devices or structures. No person shall



skateboard on any public bench, table, planter wall, playground equipment,



picnic tables, or other device or structure which is not intended for



pedestrian or vehicular traffic, or jump or step on or off such devices or



structures in the process of riding a skateboard. No person shall skateboard



on any steps or handicapped ramps.



(3)     Reckless or dangerous riding. No person shall skateboard



on any sidewalk or other paved surface intended for pedestrian use or for



the parking of vehicles in a reckless or careless manner, nor in a manner



which is likely to result in injury or harm to any person or property.



(4)     Riding on private property without permission. No person



shall ride a skateboard on private property without first obtaining



permission of the owner of said property to allow such skating or riding.



(5)     Riding while attached to vehicle. No person shall ride a



skateboard while either the skateboard or the person is attached to any



vehicle.



(6)     Prohibitions on public streets and in the downtown area. No person



shall ride a skateboard on public streets except at cross walks. No person



shall ride a skateboard upon East 5th  Street, its sidewalks, nor those



areas and sidewalks under jurisdiction of the Town of Fowler and commonly



known and associated as being part of the downtown business district.



(7)     Restrictions on use. No person shall ride a skateboard in



any position other than standing on the board.



(8)     Prohibitions on ramps and incline devices. No person shall



construct, establish, maintain, use or place a ramp or other incline device



to be used for skateboarding upon any public sidewalk or roadway in the



town.



(C)          Penalty for violation.



(1)          Any person found in violation of this section may be fined



$25.00 for a first offense, and $50.00 for a second offense. Any person



committing a third or subsequent violation of this section may be liable for



a fine of up to $500.00. 



(2)          Furthermore, whoever shall violate any provision of this



ordinance may have the skateboard confiscated immediately by any law



enforcement officer acting in his or her official capacity. The device



confiscated shall be held for a maximum of 60 days, after which it may be



sold at auction or destroyed. The individual who owns any such confiscated



device shall have the right to repossess the device upon proof of payment of



any fine and other costs for which the individual is responsible as a result



of the violation.



BE IT FURTHER ORDAINED that a violation of this ordinance may be subject to



a fine as set forth in this Ordinance and subject to prosecution in a Benton



County Court of Law.



BE IT FURTHER ORDAINED that any ordinance or portion thereof in conflict



with this ordinance is hereby revoked.



THIS ORDINANCE shall take effect upon passage by the Town Council of the



Town of Fowler and after proper notice and posting as required by law. 



ALL OF WHICH IS DULY ORDAINED AND APPROVED BY THE Town Council of the Town



of Fowler THIS  20th  DAY OF MARCH, 2006.