[HISTORY: Adopted by the Borough Council
of the Borough of Ephrata 10-13-2003 by Ord. No. 1369. Amendments noted where
applicable.]
This chapter shall be known and may be cited
as the "Ephrata Borough Skate Park Ordinance."
Borough Council of the Borough of Ephrata, Lancaster
County, Pennsylvania, finds, as a fact, that skateboarding is a form
of recreation enjoyed generally by residents of the Borough and that
the development of skate parks together with rules and regulations
for their use are necessary to provide for skateboarding in a reasonably
safe manner consistent with the promotion of the public health, safety
and welfare of the residents of Ephrata Borough.
All skate park facilities owned or operated
by the Borough of Ephrata shall be located within a posted area, the
boundaries of which shall be identified as a "skate park zone."
No person may ride a skateboard or engage in
any skateboard activity within a skateboard park without displaying
on his or her helmet a valid skateboard permit issued by the Borough
of Ephrata or its authorized agents.
[Amended 12-8-2014 by Ord. No. 1513]
It is unlawful for any person to:
A.
Operate any motorized equipment in the skate park zone;
B.
Ride, perform any stunt, trick, luge or any other skate board maneuver
within any Borough park, including any parking lots, curbs, ramps,
benches, picnic tables or play apparatus located thereon, except within
a skate park zone;
C.
Consume any food or beverage or chew gum within a skate park zone;
D.
Use tobacco products within a skate park zone;
E.
Use or be under the influence of alcohol or a controlled substance
within the skate park zone;
F.
Possess any glass bottle, object or container within the skate park
zone;
G.
Use skate park facilities during wet or icy conditions, when snow
covered or when the skate park zone is otherwise posted as closed;
H.
Remain within the skate park zone after having been directed to leave
by any police officer or Code Enforcement Officer for any rule infraction;
I.
Occupy or remain within the skate park zone after posted hours of
operation;
J.
For a parent, guardian or other adult person having custody of a
minor under the age of eight years, to allow such minor to use the
skate park zone facilities unless said minor is accompanied at all
times by an adult;
K.
Litter within a skate park zone;
L.
Engage in fighting, loud, reckless, profane or other tumultuous behavior
within a skate park zone;
M.
Play or generate loud music or loud noise from any equipment or electronic
device within a skate park zone;
N.
Modify any skate board zone surface, equipment or facilities located
therein;
O.
Place, erect or use any temporary or permanent skate board facility
within a skate park zone including but not limited to obstacles, ramps,
jumps and the like that have not been installed by the Borough of
Ephrata or its authorized contractors;
P.
Occupy the skate park zone as a spectator;
Q.
Permit a pet to enter the skate park zone;
R.
Violate any posted skate park rule or regulation.
[Amended 3-11-2013 by Ord. No. 1492]
Unless otherwise provided for by law, no police
officer shall have the authority to seize and confiscate any property,
thing or device which is located in the skate park and which is used
in violation of this chapter.
Any police officer shall have the authority
to suspend the privileges of any person who performs any prohibited
act or who fails to comply with any posted skate park rule or regulation.
[Amended 3-11-2013 by Ord. No. 1492]
The Borough of Ephrata shall erect and maintain
regulatory signs at all skate parks owned and/or operated by the Borough.
Such signs shall post notice of prohibited acts together with regulations
for the use of skate park facilities and penalties for violations.
This chapter shall not apply to police, codes
enforcement, maintenance or emergency personnel or vehicles during
the performance of official duties.
[Amended 3-11-2013 by Ord. No. 1492]
For each violation of the provisions of this
chapter, any person who commits, takes part in, or assists in any
such violation shall upon conviction thereof in an action brought
before a Magisterial District Judge in the same manner provided for
the enforcement of summary offenses under the Pennsylvania Rules of
Criminal Procedure be liable to pay a fine of not less than $100 nor
more than $1,000 for each offense, together with the costs of prosecution
and to serve a term of imprisonment of not more than 30 days. Each
day or portion thereof in which a violation exists shall be considered
a separate violation of this chapter, and each article and section
of each article that is violated shall be considered a separate violation.
