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.
As used in this chapter, the following terms shall have the meanings
indicated:
SKATEBOARD
Has its usual and common meaning; it includes a single platform mounted
on wheels designed or suitable 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 while being used, operated
or ridden.
SKATEBOARD RAMP
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 police officer of the borough who shall observe any person using,
operating or riding upon a skateboard in violation of this chapter shall:
A. Upon the first violation, take possession of the skateboard
for a minimum period of forty-eight (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.
B. Upon the second violation, take possession of the skateboard for a minimum of seventy-two (72) hours and issue a summons and complaint to the violator providing for a fine of twenty-five dollars ($25.) payable to the Borough Municipal Court in accordance with §
255-6. 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 violator, to the violator himself.
C. Upon a third violation and upon each subsequent violation, issue a summons and complaint to the violator, returnable before the Borough Municipal Court, which shall treat and dispose of such complaint in accordance with §
255-6.
Any person violating any provision of this chapter shall, upon conviction,
be subject to 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 or a period of imprisonment and/or community service
within 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, or any combination of
such fine, period of imprisonment or period of community service.
With respect to every skateboard ramp on a public street or sidewalk,
which a police officer observes to be a traffic hazard or to endanger or create
a risk to any person or property and in violation of this chapter, if the
violator or violators of this chapter can be identified and notified immediately,
he, she or they shall be given reasonable opportunity to remove the ramp to
a lawful place. If the ramp is not so removed within a reasonable time or
if the notice cannot be immediately given for any reason, the Borough Department
of Public Works shall remove the ramp; and if unclaimed within seven (7) days
thereafter, the ramp shall be deemed abandoned and shall be disposed of in
accordance with law and borough procedures as appropriate.