[HISTORY: Adopted by the Township Council of the Township of Maple
Shade 11-25-2003 by Ord. No. 2003-10.]
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.
As used in this chapter, the following terms shall have the meanings
indicated:
Shall include, but not be limited to, a place or group of places
open to the general public where commodities and services are exchanged, bought
or sold, including, but not limited to a store, shopping center, mall or professional
complex, as well as the surrounding area designated for vehicle or pedestrian
traffic.
Includes a single platform mounted on wheels designed or in fact
used for riding underfoot, or a board with rollerskate wheels or other similar
wheels attached to the underside, without a mechanism or other device for
steering white being used, operated or ridden.
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 area.
A.
No person shall use or operate or ride on a skateboard upon or in any of the places stated in § 166-4A hereof.
B.
No person shalt use or operate or ride on a skateboard upon or in any of the places stated in § 166-4B hereof:
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 on any public
sidewalk in any manner which constitutes a traffic hazard or which endangers
or creates a risk to any person or property.
D.
Except as a 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, without
the prior consent of the owner or his agent.
A.
The places referred to in § 166-3A are:
(1)
All public and private sidewalks, roadways (including
the entire paved and improved surface thereof, including gutter areas, from
curb to curb, where curbs exist), curbs, parking lots, driveways and courtyards
within the boundaries shown in Schedule A annexed hereto,[1] being that portion of East and West Main Street between Fellowship
Road and Coles Avenue, North Forklanding Road from Main Street to Theodore
Avenue, South Forklanding Road from Main Street to Helen Avenue, South Maple
Avenue from Main Street to Gradwell Avenue, North Maple Avenue from Main Street
to Theodore Avenue, South Spruce Avenue from Main Street to Gradwell Avenue
and South Fellowship to South Chestnut Avenue.
[1]
Editor's Note: Said schedule is on file in the Township offices.
(2)
All municipal parking lots, the Gazebo and War Memorial
Monument areas.
A.
A police officer of the Township 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 minimum period of 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 minimum of 72 hours and issue a summons and complaint to the violator providing for a fine of $25, payable to the Township Municipal 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.
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, 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 such a fine and such a period of community service.