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Part 11 Skateboards

The objective of this part of the bylaw is to control the riding of skateboards and similar articles, on footpaths and malls where a nuisance or injury may be caused to pedestrians or damage caused to property.

This part of the bylaw provides for enforcement by Authorised Officers.

Interpretation
This part of the bylaw shall be in addition to the provisions of Part 1 Introductory and if this part of the bylaw is inconsistent with Part 1 Introductory then the provisions of this part of the bylaw shall prevail.

Definitions
SKATEBOARD means a wheeled device controlled or propelled by gravity or by the muscular energy of the rider, including roller skates, in-line skates, or similar recreational devices. The definition does not include any bicycle, tricycle, wheelchair, baby or invalid carriage.

RIDE A SKATEBOARD means having either one or both feet or any other part of the body of any person, on the skateboard when it is moving.

2.0 Control of skateboards
2.1 No person shall ride a skateboard in any area defined in the First, Second and Third Schedules attached to this part of the bylaw.

Skateboards prohibited
2.2 No person shall ride a skateboard on any footpath outside areas defined in the First Schedule, without due care to ensure no damage is caused to public property or without reasonable consideration for other persons using the footpath.

Skateboards in other areas
2.3 The council may from time to time by resolution publicly notified, amend the First, Second and Third Schedules, to add, delete or amend the areas to which the provisions of this part of the bylaw shall apply.
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3.0 Impounding of skateboards
3.1 Every person who commits an offence against this part of the bylaw is liable to have the skateboard impounded by an Authorised Officer.

3.2 Any person claiming a skateboard, which has been impounded pursuant to this part of the bylaw, shall:
a) Satisfy an Authorised Officer that he is the owner or otherwise entitled to the custody and control of the skateboard; and
b) Pay to the council a fee of such amount as Council may determine by resolution.
Fees

3.3 The council shall provide a secure place for any skateboard impounded under this part of the bylaw.

3.4 The council shall keep a register and enter details of every skateboard impounded and every person claiming a skateboard under this part of the bylaw.

3.5 The council may from time to time by resolution publicly notified, alter the fee payable under clause 3.2 of this part of the bylaw. Different fees may apply where a skateboard has been seized or impounded on more than one occasion.

3.6 Nothing contained in this part of the bylaw shall render the council or any Authorised Officer liable in damages or otherwise to any person for any skateboard impounded under the provisions of this part of the bylaw.

3.7 Where any skateboard impounded has not been claimed and all fees paid within six (6) months of seizure of that skateboard the council may dispose of the skateboard in the following manner:
a) Written notice to the person from whom the property was seized shall be made where the person’s address is known;
b) Where notice cannot be served because details of the owner are unknown or where within seven (7) days from the date of the notice, issued in accordance with subclause 3.7(a) of this part of the bylaw, the skateboard has not been claimed and all fees paid, the council may sell or cause the skateboard to be otherwise disposed of;
c) Where any proceeds are realised these may be applied to the payment of costs and expenses incurred in selling the skateboard, and also to costs incurred in seizing, impounding, transporting and storing the equipment. Such costs shall include the reasonable time of an Authorised Officer in implementing the above;
d) On demand, the council shall pay the remainder of the proceeds (if any) to the person from whom the skateboard was seized.
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First Schedule
Areas where riding of skateboards is prohibited on footpaths and other public places:

NEW PLYMOUTH CENTRAL BUSINESS AREA:
Devon St East and West from Robe St to Eliot Street
King St - from Egmont St to Brougham St
Egmont St - from Devon St West to Molesworth St
Brougham St - from Powderham St to Ariki St
Robe St
Gill St - from Ariki St to Eliot St
Currie St
Molesworth St – from Eliot St to Egmont St
Liardet St - from Lemon St to Molesworth St
Gover St - from Courtenay St to Molesworth St
Ariki St
Currie Lane
Huatoki Lane
James Lane
Hayton Lane

ALL OF THE ABOVE PROHIBITED AREAS BEING SHOWN AS SHADED ON PLAN
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Second Schedule
Areas where riding of skateboards is prohibited on footpaths and other public places:

WAITARA CENTRAL BUSINESS AREA:
McLean St – from Browne St to West Quay
Queen St – from Parris St to Whitaker St
Warre St
West Quay – from McLean St to Whitaker St
Whitaker St



ALL OF THE ABOVE PROHIBITED AREAS BEING SHOWN AS SHADED ON PLAN
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Third Schedule
Areas where riding of skateboards is prohibited on footpaths and other public places:

INGLEWOOD CENTRAL BUSINESS AREA:
Rata St – from Cutfield St to Standish St
Matai St – from Rata St to Kelly St
Moa St – from Rata St to the Railway Station on Moa St



ALL OF THE ABOVE PROHIBITED AREAS BEING SHOWN AS SHADED ON PLAN
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