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HomeMy WebLinkAboutCD-14-88 TOWN OF NEWCASTLE REPORT File # S .� - Res. # � -- __ - MEETING: GENERAL PURPOSE & ADMINISTRATION COMMITTEE DATE: MAY 2, 1988 REPORT #: CD-14-88 FILE #: 35.60.8. SUB,ECT: REQUEST BY THE BOWMANVILLE B.I.A. FOR PASSAGE OF A BY-LAW TO PROHIBIT THE USE OF SKATE BOARDS ON STREETS AND SIDEWALKS IN THE COMMERCIAL AREA. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Clerk's Report CD-14-88 be received; 2. THAT a By-law to prohibit the operation of skateboards on the streets and sidewalks in the Bowmanville Commercial Area not be authorized; 3. THAT the Durham Regiional Police be requested to have their Community Relations Officer attend at the area schools and speak to the student body about the operation of skateboards and bicycles on sidewalks; and 4. THAT the Board of Management of the D.B.I.A. be advised of this decision. BACKGROUND AND COMMENT: The Bowmanville B.I.A. have by letter dated April 18, 1988, advised that their membership are concerned with the increased use of the sidewalks by young people on skateboards. Continued . . . . ./2 !U Report CD-14-88 - 2 - May 2, 1988 The letter indicates that the operation of skateboards within the commercial area is hazardous to pedestrians and could result in someone being seriously injured. The B.I.A. Board of Management are requesting that Council pass a by-law to prohibit the operation of skateboards in the commercial areas of the Town of Newcastle. While their reference is presumably only to the Bowmanville commercial area such a by-law would also prohibit their use in all commercial areas of the Town unless such a by-law were written to provide for their prohibition in the Bowmanville commercial area only. The authority for such a by-law is to be found in Section 208 (42) of the Municipal Act, R.S.O. 1980, which provides the authority for such a by-law. Section 208 (42) reads as follows: Promoting 1142. For prohibiting carriages, wagons, bicycles, sleighs and vehicles on other vehicles and conveyances of every description, and sidewalks, whatever the motive power, or any particular kind of class of etc. such vehicles or conveyances being upon, or being used, drawn, hauled or propelled along or upon, any sidewalk, pathway or footpath, used by or set apart for the use of pedestrians and forming part of any highway or bridge, boulevard or other means of public communication, or being in or upon any highway, boulevard, park, park-lot, garden or other place set apart for ornament or embellishment or for public recreation." The authority is clear Council can enact such a by-law. What is really of concern, is the enforceability of such a by-law once enacted. The opinion, is that a by-law prohibiting the operation of skateboards on sidewalks in the commercial area can be likened to the enforceability of the Town of Newcastle's by-law prohibiting the operation of bicycles on sidewalks. This by-law is virtually unenforceable and notwithstanding occasional attempts by Durham Regional Police to enforce it, young people continue to ride bicycles on the sidewalks. As Members of Council are aware, passage of by-laws such as this, imply an ability to impose a penalty upon persons who contravene the By-law. Young people to-day are virtually penalty proof. Continued . . . . ./3 VA Report CD-14-88 - 3 - May 2, 91 88 About all that can happen now where a young person is involved in an action of any kind where there is damage to persons or property, is that the parents can be required to assume responsibility for the actions of their children. It is my opinion that a by-law to prohibit the operation of skateboards in commercial areas will not curb the activity. What might be more appropriate would be that the Durham Regional Police Community Service Officer be requested to attend at the schools in the municipality and speak to the students about the operation of skateboards (and bicycles) in commercial areas, particularly with respect to the hazard they present to pedestrians. As well, it might be appropriate to look at the possibility of developing an area in the community designed to provide a safe but challenging course for those young people who now ride skateboards on sidewalks and roadways oblivious of the hazard they present to pedestrian and motorists alike. If Members of Committee feel that a by-law to prohibit the operation of skateboards is appropriate, one can be prepared for Council's consideration. Respectfully submitted, Recommended for Presentation to Committee —4X David W. Oakes, B.A. ,A.M.C.T.,C.M.O. wrence otseff, M.C.I.P., Town Clerk Chief Admini rative Officer DWO/ms BOWMANVILLE BUSINESS CENTRE 11 P.O. BOX 365 BOWMANVILLE, ONT. LIC 3L1 1988 04 18 1 fJfS Co<) 688 Mr. David W. Oakes Town Clerk Town of Newcastle 40 Temperance Street Bowmanville, Ontario L1C 3A6 Dear Mr. Oakes At the recent Board of Management meeting held on Tuesday, April 12, 1988, concern was expressed regarding the use of skateboards in the Downtown. The current use of these new and popular devices on the sidewalks where there is heavy pedestrian traffic poses a danger to both the shoppers and to the skateboarders them- selves. In addition, due to the nature of skateboarding practices ( jumping , spinning , wheeling, reversing, etc. ) damage to private property has also been reported. In recognition of the fact that skateboarding has become a form of sport , requiring practice and skill-development , and which requires a special area to practice in, perhaps some provision should be made for this to occur under the auspices of the Recreation Department , while a By-law pro- hibiting their use in the commercial areas of the town would remove them as a hazzard from the Downtown. Early action on this serious problem would be greatly appreciated. g_ Yours very truly (";': f:it+(-._--_---------- n:,:; ; George Webster Chairman Board of Management + C i