[Adopted 8-7-1991 by Ord. No. 91-6]
A.
General terms shall be defined as in the Pennsylvania Vehicle Code (Title 75, Pa.C.S.A., Chapter 1, § 102).
B.
DEVICE
RECREATIONAL VEHICLES
ROLLERBLADES
SKATEBOARD
SKATEBOARD RAMP
TOY VEHICLES
As used in this article, the following terms shall
have the meanings indicated:
Any vehicle or toy enumerated in the definitions of "recreational
vehicles" and "toy vehicles" or other items included in such definitions.
For purposes of this article, shall mean and include, but
not be limited to, unicycles, bicycles/pedalcycles, roller skates,
rollerblades, skateboards, scooters, sleds and similar human- and/or
gravity-powered devices.
Devices constructed similar to common roller skates, with
the exception of the wheels, which are a series of in-line wheels
as opposed to two pairs of tandem wheels on each skate, and designed
to be used in a fashion similar to ice skates, except on non-ice surfaces.
A single platform which is mounted on wheels, having no mechanism
or other device with which to steer or control the direction of movement
thereof while being used, being constructed of wood, plastic or other
materials and having roller skate wheels or similar wheels attached
on the underside, which is designed or suitable or in fact used for
riding underfoot, such device being human or gravity propelled.
Includes all inclined plane devices, commonly referred to
as "ramps" whether straight or curved, whether manufactured or contrived
(homemade), designed, intended or in fact used for the riding of a
skateboard or other device upon or above any area.
All such wheeled devices commonly used by children, including
but not limited to tricycles, big wheels, miniature or scale-sized
cars, trucks, tractors and the like (pedal or electric powered) and
child-sized bicycles/pedalcycles (wheel diameters less than 18 inches).
A.
No person shall ride, propel, drive or otherwise use
or cause to be ridden, propelled, driven or otherwise used any recreational
or toy vehicle upon the streets, highways or other public areas designated
or intended primarily for motor vehicle use within the Township of
Lower Salford. Exceptions shall be as follows:
(1)
Bicycles/pedalcycles driven in accordance with the
pedalcycle provisions of the Pennsylvania Vehicle Code.
(2)
Devices being used by children when such children
are in the immediate accompaniment and under the direct supervision
of a responsible adult and such persons are in compliance with the
pedestrian provisions of the Pennsylvania Vehicle Code.
B.
No person shall use or cause to be used any recreational
or toy vehicle upon the public sidewalks and Community Path (commonly
referred to as the "bike path") of the Township of Lower Salford in
a careless, reckless or hazardous fashion or in any manner which creates
or may create a hazard or danger to other persons legally using such
sidewalks or the Community Path.
C.
No person shall ride, propel, push or otherwise use
or cause to be ridden, propelled, pushed or otherwise used a recreational
or toy vehicle upon or in any trafficway, parking lot or parking garage
maintained for general public use by businesses, institutions, religious
groups or other quasi-public entities within the Township of Lower
Salford. Such locations shall include, but are not limited to, shopping
centers, business cluster groups, malls, office complexes, schools
and churches.
D.
No person shall ride, propel, push or otherwise use
or cause to be ridden, propelled, pushed or otherwise used a recreational
or toy vehicle upon any private property without the express permission
of the owner or person(s) who directly controls such property.
E.
No person shall construct, place or leave or permit
the construction, placement or leaving of a skateboard ramp in any
public roadway, including the entire paved and improved surface thereof,
from curb to curb where curbs exist, including gutter areas. Further,
skateboard ramps may not be placed, located or left on any public
sidewalk or other public or quasi-public off-street location in any
manner which constitutes or may constitute a traffic hazard or which
endangers or creates a risk to any person or property.
A.
Skateboard ramps which are found on any public street
sidewalk or other public area are deemed to be a public hazard. When
any police officer of the Township observes a ramp located in such
manner, the officer shall cause the timely removal of such ramp.
B.
If the owner or other person in control of such ramp
can be identified and located immediately, he/she/they shall be given
reasonable opportunity to remove the ramp to a lawful place.
C.
If the owner or persons in control of such ramp cannot
be readily identified or located or if the ramp is not removed within
a reasonable time when such persons have been notified, the Township
Maintenance Department shall be requested to promptly remove such
ramp without damage, if possible, and store the same in a safe place
within the municipal facilities. If such ramp is not claimed within
30 days thereafter, the ramp shall be deemed abandoned and shall be
disposed of in an appropriate, lawful manner.
A.
First offense. Disposition shall be by verbal warning.
If the violator is a juvenile, such warning shall also be communicated
to the parent(s) or guardian(s) of such juvenile in person, by telephone
or, if such parent or guardian cannot be contacted in a reasonable
time, by first-class mail.
B.
Second offense. Disposition shall be a written warning
to the violator, and, if the violator is a juvenile, the involved
device shall be impounded by the police officer and may only be released
to the juvenile's parent(s), legal guardian(s) or other responsible
adult upon personal request at the Police Department's offices. At
such time the requesting adult shall be advised of the provisions
of this article, including the consequences of subsequent violations.
C.
Third offense. Such person shall be deemed guilty
of a summary offense and, upon conviction thereof, shall be sentenced
to a fine of not less than $100 nor more than $300, plus court costs.
Further, the involved device shall be impounded by the Police Department
until such time as the prosecution has reached a disposition in District
Court. If the violator is a juvenile, the impounded skateboard or
other device may only be released to a parent, guardian or other responsible
adult.
[Amended 9-19-1996 by Ord. No. 96-3; 6-3-1998 by Ord. No.
98-4; 11-18-1999 by Ord. No. 99-16]
D.
Fourth or subsequent offense. Any person or persons
found guilty of violating any of the provisions of this article for
the fourth time shall be subject to a criminal fine not to exceed
$1,000 per violation and imprisonment in the Montgomery County Correctional
Facility to the extent allowed by law for the punishment of summary
offenses. Enforcement of any such violations shall be by action brought
before a District Justice in the same manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure.
Further, the involved device shall be impounded by the Lower Salford
Township Police Department for a period of 30 days or until a disposition
is determined by District Court, whichever is longer. If the violator
is a juvenile, the impounded device may only be released to a parent,
guardian or other responsible adult.
