[HISTORY: Adopted by the Borough Council of the Borough of Tamaqua as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-3-2004 by Ord. No. 592]
The name of this article shall be the "Skateboard Park Helmet Act."
The following definitions shall apply to words used within this article:
BICYCLE
A vehicle with two wheels in tandem, pedals connected to the rear wheel by a chain, handlebars for steering, and a saddle-like seat.
ROLLER BLADES
A form of skate with four wheels placed directly behind each other in the form of a column.
ROLLER SKATES
A form of skate with four wheels placed in two rows of two.
SCOOTER
A vehicle that has two or three wheels with a low footboard between them, is steered by a handlebar, and is propelled by pushing one foot against the ground while resting the other on the footboard, or propelled by placing both feet upon the footboards and shifting the rider's weight back and forth.
SKATEBOARD
A device consisting of an oblong board mounted on large roller-skate wheels with the purpose of supporting a rider.
The Tamaqua Borough Council recognizes that:
A. 
The use of a skateboard, roller skates, roller blades, a scooter, a bicycle, or other device mounted on wheels can result in a accident that causes harm to the rider.
B. 
The use of a properly approved helmet by riders of said devices may greatly reduce the injury suffered by riders of said devices during an accident.
C. 
Protection of the residents of this Borough is a fundamental obligation of the Tamaqua Borough Council in their role as elected representatives of the residents of the Borough of Tamaqua; and
D. 
The use of helmets by residents of this Borough while riding said devices will assist in protecting them from the injuries that they might otherwise incur.
The specific purpose of this article is to require all riders of skateboards, roller skates, roller blades, scooters, bicycles, or other devices mounted on wheels, in the Skateboard Park of the Borough of Tamaqua, to wear properly approved helmets.
It shall be unlawful to ride a skateboard, roller skates, roller blades, a scooter, a bicycle or any other device mounted on wheels within the Skateboard Park of the Borough of Tamaqua without wearing a properly approved helmet.
Any person found in violation of § 227-5 shall be subject to the penalties set forth below:
A. 
A first offense shall result in the confiscation of the skateboard, roller skates, roller blades, scooter, or bicycle for a period of 30 days.
B. 
A second offense shall result in the permanent confiscation of the skateboard, roller skates, roller blades, scooter, or bicycle.
C. 
A third offense shall result in the imposition of an immediate fine defined at a minimum amount of $25 and a maximum amount of $300, along with the permanent confiscation of the skateboard, roller skates, roller blades, scooter, or bicycle.