Home : Policies
and Plans : Bylaws : Part 8: Cycles
and Skateboards
The objective of this Part of the Bylaw is to control the
riding of cycles and skateboards and similar articles, on
footpaths and malls where a nuisance or danger may be caused
to pedestrians or damage caused to property. The Public
Places Bylaw also controls any activity that may create
a nuisance on footpaths or public places.
The Bylaw provides for enforcement by duly appointed
Council Officers and the Police.
This Bylaw is made under the authority of the Local Government
Act 1974.
1.0 SHORT TITLE AND COMMENCEMENT
1.1 The title of this bylaw is the Hastings District Council Cycles and Skateboards Bylaw 2007, being Part 8 of the Hastings District Council Bylaws.
1.2 This bylaw comes into force on 21 December 2007 and the Cycles and Skateboards Bylaw being Part 8 of the former Hastings District Council Consolidated Bylaws 1995 is repealed.
2.0 SCOPE
2.1 The Council is empowered by the Local Government Act 2002 to make Bylaws. So far as they are applicable, and are not contrary to the provisions of this Bylaw, the provisions of the Introductory Bylaw 2005 are incorporated into and form part of this bylaw.
2.2 This Bylaw is made under the authority of Sections 145 and 146 of the Local Government Act 2002.
3.0 |
DEFINITIONS |
COUNCIL means the Hastings District Council or a duly authorised officer of Council. CYCLE means a vehicle having at least 2 wheels and designed to be propelled solely by the muscular energy of the rider. Children's cycles having wheels less than 355 mm (14") diameter are excluded. OFFICER means any Police Constable or Authorised Enforcement Officer and any person appointed especially or generally by Council to enforce the provisions of this Bylaw. SKATEBOARD means a wheeled device controlled or propelled by gravity or by the muscular energy of the rider, including roller skates, in-line skates, but does not include any bicycle, tricycle, wheelchair, baby or invalid carriage. FOOTPATH means as much of any street or public place that is laid out or constructed by authority of the Council for pedestrian use only. 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. |
4.0 CONTROL OF CYCLES AND SKATEBOARDS
4.1 |
No person shall ride a skateboard in any area defined in the First Schedule attached to the Bylaw. |
4.2 |
No person shall ride a skateboard on any footpath outside areas defined in the First Schedule, without due care, or without reasonable consideration for other persons using the footpath. |
4.3 |
No person shall ride a cycle on any footpath or on any lawn, garden, or other cultivation forming part of the road, (with the exception of postal, newspaper and other deliveries). |
4.4 |
No person shall stop, stand or park a cycle on any footpath, whether attended or unattended, without due care or without reasonable consideration for other persons using the footpath. |
4.5 |
The Council may from time to time by resolution publicly notified, amend the First Schedule to add, delete or amend the areas to which the provisions of this Bylaw shall apply. |
5.0 IMPOUNDING OF CYCLES AND SKATEBOARDS
5.1 |
Every person who commits an offence against this Bylaw is liable to have the cycle or skateboard impounded by any officer. |
5.2 |
Any person claiming a cycle or skateboard which has been impounded pursuant to this Bylaw shall: |
(a) satisfy the Council or its duly appointed Officer that he or she is the owner or otherwise entitled to the custody and control of the cycle or skateboard, and |
|
(b) pay to the Council a fee of such amount as Council may determine by resolution. |
|
5.3 |
The Council shall provide a secure place for any cycle or skateboard impounded under this Bylaw. |
5.4 |
The Council shall keep a register and enter details of every cycle or skateboard impounded and every person claiming a cycle or skateboard under this Bylaw. |
5.5 |
The Council may from time to time by resolution publicly notified, alter the fee payable under Clause 5.2 of this Bylaw. |
5.6 |
Nothing contained in this Bylaw shall render the Council or any officer liable in damages or otherwise to any person for any cycle or skateboard impounded under the provisions of this Bylaw. |
5.7 |
Where any cycle and / or skateboard impounded has not been claimed and all fees paid within six months of seizure of that cycle and / or skateboard the Council may dispose of the cycle and / or skateboard in the following manner. (a) Written notice to the person from whom the property was seized shall be made where the address is known. (b) Where notice cannot be served because details of the owner are unknown or where within seven days from the date of the notice, in accordance with subclause 5.7(a) of this part of the bylaw, the cycle and / or skateboard has not been claimed and all fees paid, the Council may sell or cause the cycle and / or skateboard to be otherwise disposed of. (c) Where any proceeds are realized these may be applied to the payment of costs and expenses incurred in seizing, impounding, transporting and storing the equipment. Such costs shall include the reasonable time of an Authorised Officer implementing the above. (d) On demand, the Council shall pay the remainder of the proceeds (if any) to the person from whom the skateboard and / or cycle was seized. |
First Schedule
Areas where riding of skateboards is prohibited on footpaths and other public places.
Hastings (Footpaths)
Plan 1 (click to enlarge)
1. Heretaunga Street (both sides) between Hastings Street and Nelson Street.
2. The pedestrian mall in the Commercial area between Russell Street and Market Street
3. Queen Street (both sides) between Karamu Road and King Street.
4. Eastbourne Street between Karamu Road and King Street.
5. King Street (both sides) between Eastbourne Street and Queen Street.
6. Market Street (both sides) between Eastbourne Street and Queen Street.
7. Railway Road (both sides) between Eastbourne Street and Queen Street.
8. Russell Street (both sides) between Eastbourne Street and Queen Street.
9. Karamu Road (both sides) between Eastbourne Street and Queen Street.
10. Northern, Southern and Eastern Hastings District Council Parking Precincts.
11. Hastings District Council Administration Building Lyndon Road East, and associated grounds with the exception of any area designated by the Council by ordinary resolution as a skateboard bowl.
12. Civic Square.
13. “Hastings City Square” which includes the water feature and stage area.
14. King Street North Hastings District Council Parking Precinct.
All the above prohibited areas being as shown outlined on Plan No. 1 above.
Havelock North (Footpaths)
Plan 2 (click to enlarge)
15. Joll Road from the Central Roundabout to the intersection with Campbell Street;
16. Middle Road from the Central Roundabout to the intersection with Porter Drive;
17. Te Aute Road from the Central Roundabout to the intersection with Porter Drive;
18. Havelock Road from the Central Roundabout to the intersection with Porter Drive;
19. Napier Road from the Central Roundabout to the intersection with Karanema Drive;
20. Te Mata Road from the Central Roundabout to the Domain.
21. Havelock North Centotaph and surrounding paved area.
22. The “Village Green” including the paved areas surrounding the information site/ toilet block, water feature and surrounding paved area.
The above prohibited areas (15 to 22) are shown on Plan No. 2 above.
Flaxmere
Plan 3 (click to enlarge)
23. All of the area shown on Plan No. 3 and within the property described as Lot 2 DP 14853.
