[HISTORY: Adopted by the Borough Council
of the Borough of Ephrata 6-8-1992 by Ord. No. 1219. Amendments noted
where applicable.]
The Borough Council recognizes that the use
of skateboards, roller skates, street skates, scooters, pedalcycles
and any other human-powered device or devices has become prevalent
in the Borough. The use of these devices on public areas or alleys
may constitute a danger to the public and the person using these devices.
In order to lessen the hazards to the public health, safety and welfare,
the Borough Council has determined to regulate the use of skateboards,
roller skates, street skates, scooters, pedalcycles or any other type
of device or devices that is propelled solely by human power in the
Borough.
It is not the intent of this chapter to apply
to baby strollers, wheelchairs or other nonrecreational human-powered
devices.
A.
Word usage. In the interpretation of this chapter,
the singular shall include the plural, and the masculine shall include
the feminine and the neuter.
B.
BOROUGH
COUNCIL
PEDALCYCLE
ROLLER SKATES, STREET SKATES
SCOOTER
SIDEWALK
SKATEBOARD
STREET or TRAFFICWAY
Definitions. As used in this chapter, the following
terms shall have the meanings indicated:
The Borough of Ephrata, Lancaster County, Pennsylvania.
The Council of the Borough of Ephrata.
A device propelled solely by human-powered pedals.
A device having multiple sets of wheels affixed to shoes
and used to glide over hard surfaces by an individual.
A child's vehicle consisting of a narrow board mounted on
two wheels tandem and guided by a handle attached to the front wheel.
The child stands with one foot on the board and pushes the device
with the other foot.
That portion of a street between curblines or the lateral
lines of a roadway and the adjacent property lines intended for use
by pedestrians.
A device consisting of a flat surface constructed of wood,
metal, plastic, fiberglass or other similar material with two or more
wheels affixed to the underside and which is used by a person for
coasting and guided by the distribution of the weight of the user.
The entire width between the boundary lines of every way
publicly maintained when any part thereof is open to the use of the
public for vehicular travel.
A.
No person shall ride upon or utilize in any manner
upon the streets, alleys and trafficways in the Borough of Ephrata,
Pennsylvania, or on any property owned, leased, managed or under the
control of the Borough of Ephrata, Pennsylvania, any skateboard, roller
skates, street skates, scooters or any other human-powered device
other than pedalcycles except to cross the street at appropriately
designated areas or crosswalks in compliance with signalization or
right-of-way.
B.
No person shall erect, construct or place any type
of ramp designed for use with skateboards, roller skates, street skates,
scooters, pedalcycles or any other human-powered devices onto the
streets, alleys and trafficways in the Borough of Ephrata, Pennsylvania,
or on any property owned, leased, managed or under the control of
the Borough of Ephrata, Pennsylvania.
C.
No person other than police officers during the course
of performing their official duties shall ride or use skateboards,
roller skates, street skates, scooters, pedalcycles or other human-powered
devices on any sidewalks in the following areas as determined by the
Ephrata Borough Council:
[Amended 5-11-1998 by Ord. No. 1310]
D.
No person shall ride a skateboard or use roller skates,
street skates, scooters or pedalcycles on any sidewalk located within
the boundary lines of the Borough of Ephrata, Pennsylvania, in a reckless
manner. No person shall ride a skateboard, roller skates, street skates,
scooters or pedalcycles on any sidewalk without exercising due care
for the safety of other persons using the sidewalk and shall always
give way to pedestrian traffic. It shall be unlawful for any person
to leave a skateboard, roller skates, street skates, scooter or pedalcycle
upon a sidewalk in such a manner as to obstruct pedestrian traffic.
E.
No person shall operate a skateboard, roller skates,
street skates, scooter or pedalcycles or other human-powered devices
on any private property or private parking lot without the express
consent of the owner or a responsible agent for such owner of the
private property.
[Amended 4-8-1996 by Ord. No. 1279; 3-11-2013 by Ord. No. 1491]
A.
Unless otherwise provided for by law, no police officer
shall have the authority to seize and confiscate any property, thing
or device which is used in violation of this chapter.
B.
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.
