(A) Definition. For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
SKATEBOARD. An item consisting of a short, oblong board, not exclusive to wood, with a pair of small wheels at each end, ridden on a hard surface such as a floor, sidewalk, street, and the like. For purposes of this section, SKATEBOARD shall also include non-motorized coasters, scooters, roller-blade, in-line skate, roller skate, or similar wheeled toy vehicles or devices.
(B) Compliance required. No person shall ride a skateboard within the city without complying with this section and any and all other applicable ordinances and statutes.
(1) Yielding to pedestrians. Whenever any person is riding a skateboard upon a sidewalk or other paved surface intended for use by pedestrians, such person shall yield the right-of-way to any pedestrian and shall not approach, overtake or pass such pedestrian in a reckless or careless manner, nor pass such pedestrian except in a single file if such person is riding a skateboard with other such riders.
(2) Riding on certain devices or structures. No person shall skateboard on any public bench, table, step, retaining wall, plateau, planter wall, playground equipment, picnic tables, or other device or structure which is not intended for pedestrian or vehicular traffic, or jump or step on or off such devices or structures in the process of riding a skateboard. No person shall skateboard on any steps or handicapped ramps.
(3) Reckless or dangerous riding. No person shall skateboard on any sidewalk or other paved surface intended for pedestrian use or for the parking of vehicles in a reckless or careless manner, nor in a manner which is likely to result in injury or harm to any person or property.
(4) Riding on private property without permission. No person shall ride a skateboard on private property without first obtaining permission of the owner of the property to allow such skating or riding.
(5) Riding while attached to vehicle. No person shall ride a skateboard while either the skateboard or the person is attached to any vehicle.
(6) Prohibitions on public streets and in the downtown area.
(a) No person shall ride a skateboard on public streets except at cross walks.
(b) No person shall ride a skateboard in the downtown area of the city. The downtown area is defined for the purpose of this section as the area south of Sixth Street, north of the Ohio River, east of College Avenue, and west of Locust Street.
(7) Restrictions on use. No person shall ride a skateboard in any position other than standing on the board.
(8) Prohibitions on ramps and incline devices. No person shall construct, establish, maintain, use or place a ramp or other incline device to be used for skateboarding upon any public sidewalk or roadway in the city.
(C) Penalty for violation.
(1) Any person who violates any provision of this section shall be fined not less than $10 for the first offense; not less than $100 for the second offense; and not less than $200 for the third or subsequent offenses. Any person who violates any provision of this section may also have their skateboard impounded by a police officer, Park and Recreation official, or the Code Enforcement Official. Upon impoundment of any skateboard as provided herein, the owner or operator of such device shall be issued a receipt. The receipt shall state the hours, location, time frame and manner for claiming the impounded skateboard as provided in divisions (C)(2) and (3) of this section.
(2) Upon presentation of the receipt, the owner may claim the impounded skateboard at the City Police Department or the Mt. Vernon/Black Township Park and Recreation Department during normal business hours. If the owner is a minor, such owner may only claim the impounded skateboard if accompanied by a parent or guardian.
(3) The impounded skateboard may be held by the city for a period of 72 hours before it is released to the owner. If the impounded skateboard is not claimed within 60 days after the date of impoundment, the city may dispose of the item(s) as abandoned items in the manner provided for by statute.
(4) The city is authorized to post signs as may be appropriate, however, signs are not required for enforcement of this section.
(Ord. 10-17, passed 10-13-10)