HomeMy WebLinkAbout2022-03-21 Ordinance 3021_Use of SkateboardsORDINANCE NO. 3021
AN ORDINANCE TO AMEND CHAPTER 77, WAUKEE MUNICIPAL CODE,
REGARDING THE USE OF SKATEBOARDS ON PUBLIC RIGHTS OF WAY.
WHEREAS, citizens within the City have expressed the desire for more amenities and
recreational opportunities within the City; AND,
WHEREAS, Bird Scooters has expressed an interest in making motorized scooters
available for rent and use within the City, at the riders sole risk; AND,
WHEREAS, motorized scooter rental programs have been well received in several areas in
Iowa, and across the country; AND,
WHEREAS, the current skateboard ordinance requires updating to accommodate the
program; AND,
WHEREAS, the City of Waukee has determined it is the best interests of the community to
update the ordinance.
BE IT THEREFORE ORDAINED by the City Council of the City of Waukee:
Section 1: Chapter 77, Waukee Municipal Code, should be and the same is hereby
repealed and enacted in lieu thereof is as follows:
CHAPTER 77-SKATE BOARDS
§77.01 PURPOSE.
The purpose of this chapter is to provide reasonable rules and regulations for the
use and operation of skateboards or skates for the health, safety and general
welfare of the public in the City.
§77.02 DEFINITIONS.
For use within this chapter, the following terms are defined:
I . "Skateboard" means a foot, motor, or wind propelled vehicle consisting of
a board equipped with two or more wheels tandem and guided by the user
or rider standing on same and pushing same with foot power or operating
with motor or wind power.
2. "Skate" means a device, or shoe, worn on the foot containing wheels
guided by the user, or rider, powered by any means including, but not
limited to, motor, wind or foot power.
§77.03 USE RESTRICTIONS.
The riding or use of skateboards or skates within the corporate limits of the City is
subject to the following:
1
1. All persons using or riding skateboards or skates within the City shall
yield the right-of-way to pedestrians and shall give an audible signal
before overtaking and passing a pedestrian or motor vehicle.
2. All persons using or riding skateboards or skates within the City shall
yield the right-of-way to all motor vehicles.
3. All persons using or riding a skateboard or skates on any street or alley
shall:
A. Observe all traffic regulations, laws, and ordinances.
B. Stay as near to the side of the roadway as practicable, exercising due
care when passing a standing vehicle or one proceeding in the same
direction.
4. It is unlawful for any person to use or ride a skateboard or skates on
privately owned driveways or parking lots unless permission has been
obtained from the owner.
5. Assumption of risk. All persons using or riding skateboards or skates
within the City understand that streets, alleys, sidewalks and trails are not
designed or maintained for users of skateboards or skates and contain
expansion joints, cracks, chips, sand, rocks, gravel, uneven surfaces, motor
vehicle and pedestrian traffic, and other obstacles and defects and that may
not be suitable for use or operation of skateboards and skates on public
rights of way. By using riding and/or operating skateboards or skates
within the City you assume any and all risk of death, injury or property
damage that may occur while operating the same on public property.
Section 2. Repealer. All ordinances or parts of ordinances in conflict with the provisions
of this ordinance are hereby repealed.
Section 3. Severability Clause. If any section, provision or part of this ordinance shall
be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the
ordinance as a whole or any section, provisions or part thereof not adjudged invalid or
unconstitutional.
Section 4. Effective Date. This ordinance shall be in effect from and after its final
passage, approval and publication as provided by law.
Passed by the Council the 21' day of March, 2022, and approved this 21" day of March, 2022.
Attest:
4� V, 6A4�A
Rebecca D. Schuett, City Clerk
Courtney Clarke, Mayor
2