SUBSTITUTE ORDINANCE NO. SO98-1352
A substitute ordinance to amend Title 12 and Title 13 of the Metropolitan Code of Laws of Nashville and Davidson County to regulate the use of roller skates and in-line skates.
WHEREAS, the use of roller skates and in-line skates within Metropolitan Davidson County has greatly increased in recent years; and
WHEREAS, it is determined to be in the best interest of the Metropolitan Government to regulate the use of roller skates and in-line skates for the public health, welfare and safety.
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:
SECTION 1. Title 13, Chapter 32 of the Metropolitan Code of Laws, is amended by deleting the current section 180 in its entirety.
SECTION 2. Title 12, Chapter 68, Section 090, Subsection A, shall be and the same is hereby amended by adding the following provision at the end of said Subsection:
", except as otherwise permitted in this Title."
SECTION 3. Metropolitan Code of Laws Title 12, Chapter 4 shall be amended by adding the following definitions in the appropriate sections:
"The term "in-line skates" shall mean manufactured or assembled devices consisting of a boot or upper portion attached to the foot, a frame holding two or more wheels aligned longitudinally.
The term "roller skates" shall mean manufactured or assembled devices consisting of a boot or upper portion attached to the foot and a frame holding two wheels near the toe and two wheels at the heel and braking device at the toe of at least one skate."
SECTION 4. The Metropolitan Code of Laws Section 13.24.230 shall be amended by adding the following subsection (C):
"C. The operators of roller skates and in-line skates are further subject to the provisions of Metropolitan Code of Laws Title 12, Chapter 58."
SECTION 5. The Metropolitan Code of Laws Section 13.24.230, Subsection A. shall be amended by adding the following phrase after the phrase "roller skates" and before the phrase "in any park", the following: "or in-line skates".
SECTION 6. The Metropolitan Code of Laws Title 12 shall be amended by adding a new Chapter 58 as follows:
12.58.010 Streets or designated path - Uses permitted.
A person may not operate in-line skates or roller skates on public roadways, except as otherwise provided herein or as otherwise permitted, and subject to the following provisions and all other applicable provisions in this chapter.
Whenever a designated bicycle path has been provided adjacent to a roadway or as a part of a roadway, operators of in-line skates or roller skates shall use such path or designated area and shall not use the roadway.
12.58.020 Sidewalks Uses permitted manner of operation.
Except where erected signs prohibit or other provisions of the code prohibit such activity, a person may operate in-line skates or roller skates on sidewalks, except for that center city area bounded by the center lines of the Gay Street Connector and First Avenue North on the east, the center line of Broadway on the south, the railroad gulch on the west, and by the center lines of Charlotte Pike and James Robertson Parkway on the north. In addition, the operator must yield the right-of-way to any pedestrian and shall give an audible signal before overtaking and passing such pedestrian. Any person who operates roller skates or in-line skates on sidewalks shall be subject to all applicable provisions of this chapter.
12.58.030 Skating single file.
Persons operating in-line skates or roller skates shall operate such skates in a single file.
12.58.040 Reckless or destructive operation.
No person shall operate in-line skates or roller skates upon a roadway area, sidewalk or other public property with disregard for the safety of persons or the destruction of property.
No person shall operate roller skates or in-line skates in a manner that is reasonable likely to damage or deface any public or private property, whether real or personal.
12.58.050 Speed restrictions.
No persons shall operate in-line skates or roller skates at a speed greater than the posted speed limit or at a speed that is faster than is reasonable and prudent under the conditions then existing.
12.60.060 Helmets, lamps, other required equipment and prohibited equipment.
Operators or in-line skates or roller skates shall wear helmets approved by the American National Standards Institute (ANSI), the Snell Memorial Foundation, or the American Society for Testing and Materials (ASTM), wrist guards, elbow pads and kneepads.
Whenever an operator of in-line skates or roller skates utilizes the sidewalk or permitted public roadway areas at nighttime, the operator shall be equipped with either (1) a lamp which shall emit a white light visible from a distance of at least five hundred feet to the front, and with a red reflector of a type which shall be visible from all distances from fifty feet to three hundred feet to the rear when directly in front of lawful upper beams of head lamps on a motor vehicle; or (2) a lamp emitting a red light visible from the distance of five hundred feet to the rear together with clearly visible reflectorized clothing.
No person shall operate roller skates or in-line skates on a permitted public roadway area or sidewalk while listening to a portable radio, compact disk (CD) or tape player.
12.60.070 Yield to right-of-way required when.
The operator of in-line skates or roller skates emerging from an alley, driveway or building shall, upon approaching a sidewalk or the sidewalk area extending across any alleyway, yield the right-of-way to all pedestrians approaching on such roadway.
12.60.080 Clinging to vehicles.
A person operating in-line skates or roller skates shall not attach the same or himself to any moving vehicle upon the roadway.
12.60.090 Parent and guardian responsibility concerning violation.
The parent or any child and the guardian of any ward shall not authorize or knowingly permit any such child or ward to violate any of the provisions of this chapter.
SECTION 7. This Ordinance shall take effect from and after its passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.
Sponsored By: Phil Ponder
|Substitute Introduced:||October 20, 1998|
|Referred to:||Traffic & Parking Commission
Public Works Committee
Public Safety Committee
Traffic & Parking Committeee
|Passed Second Reading:||October 20, 1998|
|Passed Third Reading:||November 17, 1998|
|Approved:||November 20, 1998|