(A) Whenever any person is found to have violated this article by any peace officer, the peace officer shall confiscate the skateboard used in the violation and place it in the police property room.
(B) Whenever any peace officer determines that a person has violated this article and confiscates the violator's skateboard, the peace officer shall issue a citation for the violation. The form of the citation shall be designated by the city and shall provide the specific violation for which the citation was issued, the monetary penalty established for the violation, the confiscation of the skateboard, and the options provided in responding to the citation and the procedures necessary to exercise these options.
(C) Any person that receives a citation for violation of this article and whose skateboard is confiscated pursuant to this subsection may contest the determination that a violation occurred and petition the Bourbon District Court for the return of the skateboard.
(D) The skateboard may be returned to the violator or to a parent or guardian of the violator, if the violator is a minor, after the following periods of time:
(1) After fifteen (15) days for a first violation of this article.
(2) After thirty (30) days for a second violation of this article.
(E) Nothing contained in this article shall be construed as prohibiting the lawful use of any device, including a skateboard, that has been recommended or prescribed for a person by a licensed physician to enable or assist in the ambulation of that person.
(Ord. 2009-5, passed 5-26-09)
______________
Cross reference:
Penalty for violation, see § 40.999