[HISTORY: Adopted by the Board of Commissioners of the Township
of Spring Garden 12-9-1987 by Ord. No. 213 (Ch. 6, Part 4, of the
1994 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Noise — See Ch. 202.
Parks and recreation — See 220.
The operation of a skateboard on any private property without
the consent of the owners or on the public streets and highways or
municipal rights-of-way in such a fashion as to endanger the life
of the person riding on the skateboard, so as to create a public nuisance
by virtue of the noise created in the singular or collective use of
the skateboards, which creates a hazard to motorists or pedestrians,
or which endangers private or public property is prohibited within
the Township of Spring Garden.
[Amended 8-9-1995 by Ord. No. 95-02]
Any person, whether he be a juvenile or an adult, who shall have used a skateboard in such a manner as to constitute a violation of § 255-1 shall be subject to prosecution by any police officer of the Township and be penalized as hereafter set forth. In addition, should the offender be a juvenile, a police officer who witnesses a violation of § 255-1 may confiscate the skateboard in the possession of the juvenile, provided the officer immediately complies with the following:
A.
He shall give the juvenile in writing a reason for confiscation of
the skateboard.
B.
The said writing shall contain the name and address of the offender, the name and address and phone number of the parent or guardian; the date, time and place of the alleged violation; a description of the incident which constitutes a violation of § 255-1 and the name of the police officer.
C.
The police officer shall clearly mark on the bottom of the skateboard
the offender's name and the date of the offense.
D.
Notification of parent or guardian.
(1)
A police officer, as soon as practical, shall attempt to either telephone
the parent or guardian of the offender of the incident or shall send
a written notice of confiscation to be mailed to the parents or guardian
of the offender, and they shall be notified that they have 10 days
to pick up the skateboard at the police station, whose address shall
be clearly indicated on the notice together with the times when the
skateboard may be obtained. The notice shall also state that, if the
skateboard is not picked up by the parents or guardian within the
ten-day period, it may be sold at a public auction.
(2)
A report shall be filed within the Police Department for violations of § 255-1, and the names of the violators will be maintained in the police computer for reference in subsequent offenses. If the violator's name appears repeatedly in the computer during a three-month period, a prosecution for violation of this chapter may be filed. The Chief of Police shall periodically report to the Commissioners of Spring Garden Township indicating the number of skateboard incidents which have been handled by the Department.
In the event that the skateboard is not retrieved by the parents
or the juvenile in the company of an adult who is the guardian or
parent within the ten-day period set forth above, then the Chief of
Police shall cause an additional written notice of sale of the skateboard
at least 30 days prior to the sale of the same. The notice shall be
sent to the address of the parents and of the child, if different,
and mailed by certified mail, return receipt requested, and by ordinary
mail.
[Amended 5-11-1988 by Ord. No. 224; 12-14-1994 by Ord. No. 94-5]
Any person who commits or permits the violation of any section
of this chapter shall, upon conviction thereof, be sentenced for each
violation to pay a fine of not less than $50 nor more than $600 and
costs of such proceedings and, in default thereof, to undergo imprisonment
for a period not exceeding 30 days. In addition to the foregoing,
the Township may proceed in a civil proceeding to recover the civil
fine of not less than $50 nor more than $600, together with costs
of such civil prosecution.
