Borough of Palmyra, NJ Chapter 222 Skateboarding

[HISTORY: Adopted by the Mayor and Council of the Borough of Palmyra 6-9-2008 by Ord. No. 2008-07. Amendments noted where applicable.]

GENERAL REFERENCES

Bicycles — See Ch. 80.

Vehicles and traffic — See Ch. 90.

Parks and recreation areas — See Ch. 190.

Peace and good order — See Ch. 195.

Recreational structures on streets and sidewalks — See Ch. 237, Art. VII.

§ 222-1 Short title.

The short title of this chapter shall be the "Skateboarding Ordinance," and this chapter shall be hereinafter cited and referred to for the purpose of amendment or otherwise by said title.

§ 222-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

COMMERCIAL ESTABLISHMENT

Privately improved real estate, lot, and co-joined lots, open to the general public, where commodities and services are exchanged, bought or sold, including, but not limited to, a store, shopping center, mall, office building, or professional complex, together with the remainder of the same lot(s) designated for related vehicle or pedestrian use.

SKATEBOARD

Includes a single platform mounted on wheels designated or in fact used for riding underfoot, or a board with roller-skate wheels or other similar wheels attached to the underside, without a mechanism or other device for steering while being used, operated or ridden. "To skateboard" refers to the riding of a skateboard.

SKATEBOARDING

The use or riding of a skateboard.

SKATEBOARD RAMPS

Includes all "ramps" commonly referred to as such, platforms manufactured or contrived surfaces of any and every pattern or configuration and other similar devices and things designed for use for riding a skateboard upon or above any areas.

§ 222-3 Unlawful activities.

A. No person shall use or operate or ride on a skateboard upon or in any of the places stated in § 222-4 hereof.

B. No person shall use or operate or ride on a skateboard:

(1) In a careless manner without due caution and circumspection;

(2) While endangering, or in any manner creating a risk or danger to, any person or property; or

(3) In any manner to impede or interfere with pedestrian or vehicular traffic.

C. No person shall place, locate or leave a skateboard ramp in any public roadway (including the entire paved and improved surface thereof, including gutter areas, from curb to curb, where curbs exist, or any public sidewalk.

D. Except as means of transportation to and from a commercial establishment, no person shall operate a skateboard, or otherwise engage in activities collectively known as "skateboarding," on a commercial establishment(s) or surrounding area designated for vehicle or pedestrian traffic.

(1) Post of sign. The prohibition of Subsection D above shall be unenforceable unless a sign which clearly indicates said prohibition and the penalty for violation of this chapter has been prominently posted by the owner of the commercial establishment(s).

§ 222-4 Restricted areas.

The places referred to in § 222-3A are:

A. All public and private sidewalks;

B. The grounds of the Legion Field Complex, except for the designated skate park adjacent to Broad Street;

C. The grounds of the Palmyra public schools;

D. All municipal parking lots;

E. The grounds of Borough Hall.

§ 222-5 Violations and penalties.

A. A police officer of the Borough who shall observe any person using, operating or riding upon a skateboard in violation of this chapter shall:

(1) Upon the first violation, take possession of the skateboard for a period not exceeding 48 hours, after which the skateboard shall be returned to the parent or guardian of a minor violator or, in the case of an adult violator, to the violator himself.

(2) Upon the second violation, take possession of the skateboard for a period not exceeding 72 hours and issue a summons and complaint to the violator if an adult, providing for a fine of $50, payable to the Palmyra Municipal Court; or, if a minor, to be referred to the Juvenile Court in accordance with Subsection B of this section. After said seventy-two-hour period, the skateboard shall be returned to the parent or guardian of a minor violator or, in the case of an adult, to the violator himself.

(3) Upon a third violation and upon each subsequent violation, issue a summons and complaint to the violator, returnable before the Palmyra Municipal Court, or to the Juvenile Court, if appropriate, which shall treat and dispose of such complaint in accordance with Subsection B of this section.

B. Any person violating any provision of this chapter shall, upon conviction, be subject to:

(1) A fine, the amount of which shall be within the discretion of and shall be fixed by the Municipal Court of Palmyra, or other court or judicial officer having appropriate jurisdiction, but which shall in no case be greater in amount than that permitted by N.J.S.A. 40:49-5, as amended and supplemented, and other applicable law;

(2) A period of community service, with the meaning and limits of and as referred to in N.J.S.A. 40:49-5, as amended and supplemented, and other applicable law;

(3) Both a fine and a period of community service.