[HISTORY: Adopted by the Borough Council of the Borough of Lewistown 7-9-1990 by Ord. No. 90-3 (Ch. 6, Part 2A, of the 1986 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Parks and recreation areas  — See Ch. 166.
Peace and good order — See Ch. 170.
Public property — See Ch. 180.
A. 
It shall be unlawful for any person to roller skate at any of the places next set forth, and it shall be unlawful for any person to skate, coast or ride upon or propel a skateboard, scooter or other like wheeled vehicle which was designed to be operated by human foot-power (but which does not have pedals) at any of the places next set forth:
(1) 
On any private land or private property within the Borough which is not owned or leased by the person or as to which the owner or occupant of the private land or private property has not given permission for the person to roller skate or to skate, coast or ride upon or propel a skateboard, scooter or the like; or
(2) 
Except for the Lewistown Regional Recreation Park, in any mall, parking lot, playground, park, recreation area, or other like outdoor facility which is owned or operated by the Borough or the Parking Authority of the Borough or any of their respective agencies, bureaus, boards or commissions; or
(3) 
On any street, alley or sidewalk in the Central Business District of the Borough.
B. 
Nothing in Subsection A(2) or (3) shall be deemed to mean that a person may not roller skate — or may not skate, coast or ride upon a skateboard, scooter or the like — at a place referred to in Subsection A(2) or (3) when the activity is part of a parade, civic program, Borough recreation program or the like or when the activity is authorized by the Borough Council, the President of Borough Council or the Borough Manager under such conditions and safeguards as the Borough Council, the President of the Borough Council or the Borough Manager may impose.
[Amended 4-14-2003 by Ord. No. 2003-5]
A. 
For the purposes of § 186-1A(3), the term "Central Business District" means that area:
Bounded
By
Limits
(a)
On the North
By the north side of the alley which is north of and parallel to the 100 Block of Valley Street and north of and parallel to East Third and West Third Streets
From the intersection of North Spruce Street and East Fourth Street to the west side of McClintic Avenue
(b)
On the West
By the west side of McClintic Avenue
The full length of McClintic Avenue
(c)
On the North
By the north side of West Third Street and by the projection of that side west and across Juniata Street
From the intersection of McClintic Avenue and West Third Street to the west side of Juniata Street
(d)
On the West
By the west side of Juniata Street and by the west side of Parallel 32 and by the west side of the eastbound ramp leading to Parallel 33
From the intersection of West Third Street and Juniata Street to the south side of the eastbound ramp leading to and intersecting with Parallel 33
(e)
On the South
By the south side of the eastbound ramp to and intersecting with Parallel 33 and by the south side of Parallel 33
From the eastbound ramp leading to Parallel 33 to the east side of Kishacoquillas Street
(f)
On the East
By the east side of Kishacoquillas Street and by the east side of South Dorcas Street
From the intersection of Parallel 33 and Kishacoquillas Street to the alley known as "Wall Street"
(g)
On the South
By the south side of the alley known as "Wall Street"
From South Dorcas Street to the east side of Depot Street
(h)
On the East
By the east side of Depot Street and by the projection of that side north and across Chestnut Street
From the intersection of the alley known as "Wall Street" and Depot Street to the north side of Chestnut Street
(i)
On the East
By the dogleg formed by the north side of Chestnut Street and the south side of Logan Street
From the intersection of Depot Street and Chestnut Street to the intersection of Chestnut Street and Logan Street, and thence from that intersection to the intersection of Logan Street and Marble Street
(j)
On the East
By the east side of Marble Street
From the south side of Logan Street to Valley Street
(k)
On the East
By the south side of the 100 Block of Valley Street and by the projection of that side northeast and across South Spruce Street
From Marble Street to the east side of South Spruce Street
(l)
On the East
By the east side of North Spruce Street
From the south side of Valley Street to the intersection of North Spruce Street and East Fourth Street
B. 
The boundaries listed from (a) to (1) in Subsection A are listed in a counterclockwise direction. In interpreting a description in Subsection A, the following rules shall apply:
(1) 
The center of the four points of the compass shall be deemed to be Monument Square — with the North arrow running along the center line of North Main Street from Monument Square to Third Street, the East arrow running along the center line of East Market Street from Monument Square to Brown Street, the South arrow running along the center line of South Main Street from Monument Square to Water Street, and the West arrow running along the center line of West Market Street from Monument Square to Wayne Street; and
(2) 
All boundary lines shall be deemed to be connected between the ending point of one boundary line and the starting point of the next boundary line.
[Amended 4-14-2003 by Ord. No. 2003-5]
A. 
Any person who violates any provision of § 186-1 and who at the time of the violation was 16 years of age or older shall, upon conviction of the offense, be sentenced to pay a fine of not less than $50 and not more than $100 and the costs of prosecution and, upon failure to pay such fine and costs, to imprisonment for not more than four days.
B. 
In addition to or in lieu of any fine imposed by the Magisterial District Judge under this section, the Magisterial District Judge may order the person convicted under this section to perform community service.
[Added 4-14-2003 by Ord. No. 2003-5[1][2]]
A. 
First violation.
(1) 
If a minor under 16 years of age violates any provision of § 186-1, the Police Department (or the apprehending police officer) shall issue an oral reprimand and warning to the minor (including a warning of the consequences under Subsection B and C of this section if there are any further violations of § 186-1 by the minor) and enter a report of the violation in the violations book kept in the Police Department office. (The term "violations book" means and includes a log book, a file or file system, or other like recordkeeping record retention system  — such as a computerized police administration or management software program — for recording and tracking reports of violations of § 186-1 by the same minor.) In addition, the Police Department (or the apprehending police officer) may impound the roller skates, skateboard, scooter or the like (used by the minor in the commission of the violation) for a period not to exceed 30 days.
(2) 
Within five days after the report of the violation has been entered in the violations book, the Police Department shall mail by ordinary mail, or deliver by hand, separately to the minor and separately to the parent, guardian or other person who has legal custody or charge of the minor, a copy of the report and a copy of this section, and if there was an impoundment of the roller skates, skateboard, scooter or the like, a note or statement as to the date on which the impoundment will be lifted and the property thus available for pickup at the Police Department office.
(3) 
The report of the violation kept in the Police Department office shall contain a follow-up notation of the following facts: the fact that a copy of the report of the violation and a copy of this section were mailed, or delivered by hand, to the minor and the date on which the copies were mailed or were delivered by hand to the minor; the fact that a copy of the report of the violation and a copy of this section were mailed, or delivered by hand, to the parent, guardian or other person who had legal custody or charge of the minor and the date on which the copies were mailed or delivered by hand, and if there was an impoundment, the date on which the roller skates, skateboard, scooter or the like were picked up at the Police Department office after the impoundment was lifted.
B. 
Second and subsequent violations.
(1) 
If a minor under 16 years of age violates any provision of § 186-1 and the violation is the second violation of a provision of § 186-1 (or the violation is any subsequent violation of a provision of § 186-1 after the second violation), the Police Department (or the apprehending police officer) shall enter a report of the second violation (or the subsequent violation) in the violations book kept in the Police Department Office. The Police Department (or the apprehending police officer) need not issue the oral reprimand and warning referred to in Subsection A of this section but may impound the roller skates, skateboard, scooter or the like (used by the minor in the commission of the violation) for a period not to exceed 30 days.
(2) 
Within five days after the report of the violation has been entered in the violations book, the Police Department shall mail by ordinary mail, or deliver by hand, separately to the minor and separately to the parent, guardian or other person who has legal custody or charge of the minor, the copies of the materials (and if there was an impoundment, the note or statement prescribed by Subsection A of this section); and a statement of the number of reports of violations of § 186-1 involving the same minor which have been entered in the violations book.
C. 
Violations and penalties.
(1) 
When two reports of violations of § 186-1 involving the same minor have been entered in the violations book, the second violation of § 186-1 (and any subsequent violation of § 186-1) shall constitute an offense punishable under this chapter, and a citation, summary offense complaint, or the like may be filed with a Magisterial District Judge:
(a) 
Against the parent, guardian, or other person who had legal custody or charge of the minor at the time of the second violation of § 186-1 (or at the time of a subsequent violation of § 186-1); and
(b) 
Against the minor if at the time of the second violation of § 186-1 (or at the time of a subsequent violation of § 186-1) the minor was 13 years of age or older.
(2) 
Upon conviction of a violation of § 186-1:
(a) 
The parent, guardian or other person convicted of the offense shall be sentenced to pay a fine of not less than $50 and not more than $100 and the costs of prosecution and, upon failure to pay the fine and costs, to imprisonment for not more than four days; and
(b) 
The minor convicted of the offense shall be sentenced to pay a fine of not more than $50 and the costs of prosecution.
(3) 
In addition to or in lieu of any fine imposed by the Magisterial District Judge under this Subsection C, the Magisterial District Judge may order the parent, guardian or other person convicted under this Subsection C to perform community service and may order the minor convicted under this Subsection C to perform community service.
[1]
Editor's Note: This ordinance also repealed original § 220.4, Recission of impoundment, of Ord. No. 90-3.
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).