311.04   TOY VEHICLES UPON ROADWAYS AND PRIVATE PROPERTY.
   (a)   No person upon roller skates or a skateboard, or riding in or by means of any coaster, toy vehicle or similar device, shall go upon a roadway except while crossing a street at a crosswalk and except upon streets set aside as play streets when and as authorized as such.
(Ord. 184-88. Passed 7-18-88.)
   (b)   No person upon a skateboard or like device shall go upon the adjacent premises, including the parking lot area, of any retail, commercial and/or industrial business establishment without the consent of the owner. No person, while in possession of a skateboard or like device, shall go upon the parking lot area or other private property of any retail, commercial and/or industrial business establishment at any time when such premises are not open to the public for business, except with the consent of the owner.
   (c)   No person shall erect or place upon any street or sidewalk, or upon any private property zoned for single or two-family residential use, a skateboard ramp or similar construction used for the operation of the devices or toy vehicles described in subsection (a) hereof, except that a skateboard ramp or similar construction may be erected or built if it complies with all of the following:
      (1)   It is not erected upon any lot which is zoned for one- or two-family residential uses, and upon which another such ramp is already situated.
      (2)   It does not exceed the following dimensions: Height, three feet; width, four feet; and length, eight feet.
      (3)   It is not erected nearer than eight feet to any other structure on any lot zoned for one- or two-family residential uses.
      (4)   It is a portable, and not a permanently affixed, structure.
      (5)   It is not left unattended.
      (6)   It is not used or operated prior to 10:00 a.m., nor after one-half hour prior to sunset.
(Ord. 107-90. Passed 4-16-90.)
   (d)   Whenever any person operates any of the devices mentioned in subsection (a) hereof in violation of this section, such device shall be seized by any member of the Division of Police. The Chief of Police shall impound such device at the Police Station for thirty days.
   (e)   When any such device has been seized and so impounded, written notice or personal service shall be made forthwith by the officer in charge to the owner of such device, or, in the event the person is a minor under the age of eighteen years, then such notice shall be made to the parent or guardian of the owner of such device. The notice shall contain a full explanation of the reason for seizing and impounding such device.
(Ord. 343-88. Passed 2-6-89.)
   (f)   Any device impounded under the provisions of this section shall be surrendered to the owner or to the parent or guardian of any minor after the expiration of the impounding time set by the Chief and upon showing sufficient proof of ownership of such device. However, nothing herein shall relieve the offender of any penalty imposed under Section 303.99.
(Ord. 184-88. Passed 7-18-88.)
   (g)   The owner or person in charge of any premises upon which a skateboard ramp or similar construction is proposed to be erected shall have the right to appeal, from any denial by the City of permission to do so based upon noncompliance with this section, to the Board of Housing Appeals for a variance pursuant to Section 1705.08(d).
(Ord. 107-90. Passed 4-16-90.)
   (h)   Whoever violates any of the provisions of Section 311.04(a) or (c) is guilty of a minor misdemeanor for a first offense; for a second or subsequent offense, such person is guilty of a misdemeanor of the fourth degree. The penalty shall be as provided in Section 303.99(a).
(Ord. 107-90. Passed 4-16-90.)