(1) No person shall use a skateboard on public property unless use of a skateboard on such property is authorized by regulation, ordinance or statute, or is otherwise authorized by the governmental agency, department or commission responsible for such property.
(a) "Public Property" does not include public roads, highways, bicycle and/or skateboard paths, or sidewalks abutting private property. "Public Property" also shall not include Recreation Department facilities, which facilities shall be subject to the rules and regulations of the Recreation Department.
(b) "Public Property" includes, but is not limited to:
(.a) The area bounded by Arch street, Fifteenth street, Broad street, and John F. Kennedy boulevard (the Municipal Services Building plaza and sidewalks).
(.b) The area bounded by John F. Kennedy boulevard, Fifteenth street, South Penn square, and Juniper street (City Hall, Dilworth Plaza, and surrounding sidewalks).
(.c) The area bounded by Arch street, Sixteenth street, John F. Kennedy boulevard, and Fifteenth street (Love Park and surrounding sidewalks).
(2) No person shall use a skateboard, rollerblades or a bicycle on portions of private property, including but not limited to outdoor plazas, that are dedicated to use by the general public, where the owner of such private property has posted a notice indicating that such activity is prohibited on that property pursuant to The Philadelphia Code and that violation of the prohibition may lead to confiscation and forfeiture of skateboards, rollerblades and bicycles used on the property.
(3) With respect to any publicly-accessible outdoor artwork or memorial, whether or not publicly-owned, including, but not limited to, public sculpture, and any military, police, firefighter or other national defense or public safety memorial, no person shall, while using a skateboard, rollerblades, or a bicycle, intentionally cause such skateboard, rollerblades, or a bicycle to come into contact with any such outdoor public artwork or memorial, or any base, sub-base, or other supporting structure thereof. The prohibition set forth by this subsection (3) shall be subject to the following:
(a) It shall not be a violation of this subsection for a person to cause a skateboard, rollerblade, or bicycle to come into contact with any placard or memorial embedded in, and flush with, the public sidewalk.
(b) No penalty shall be imposed pursuant to subsection (5)(b), or ticket issued pursuant to subsection (6)(e), for a violation of this subsection, unless notice has been posted at the location of the violation indicating that such activity is prohibited pursuant to The Philadelphia Code.
(4) The parent of any child under the age of eighteen (18) years who violates this Section shall also be in violation of this Section.
(5) Penalties.
(a) The penalty for a violation of subsection (1) or (2) shall be a civil penalty of three hundred dollars ($300), provided that the total amount of such civil penalties assessed against a child and his or her parents shall not exceed a total of three hundred dollars ($300) based upon each violation by the child.
(b) The penalty for a violation of subsection (3) shall be a fine of one thousand dollars ($1,000); provided that, the total amount of fines for a violation of subsection (3) assessed against a child and his or her parents shall not exceed a total of one thousand dollars ($1,000) with respect to any single violation by the child.
(c) An additional penalty for a violation of this Section shall be forfeiture of any skateboard, rollerblade or bicycle used in violation of this Section, unless it is proven to the Court by a preponderance of the evidence that the defendant does not own the item and the owner did not or could not have reasonably known that the item would be used in violation of this Section. Further the total amount of any penalty assessed for each violation, taking into account the value of both the fine and forfeiture, shall not exceed three hundred dollars ($300) with respect to a violation of subsection (1) or (2), and one thousand dollars ($1,000) with respect to a violation of subsection (3).
(6) Enforcement.
(a) Whenever a police officer has probable cause to believe a skateboard, rollerblade or bicycle was used or is being used in violation of this Section the officer may seize the item.
(b) Any person authorized to enforce ordinances may issue a ticket to any person in violation of this Section.
(c) With respect to violations of subsection (1) or (2), a ticket shall be issued pursuant to the procedures set forth in Section 10-1606, and contested charges shall be resolved, fines shall be imposed, and payments shall be collected and processed by the Director of Finance and the Bureau of Administrative Adjudication, all pursuant to the procedures set forth in Sections 10-1604 through 10-1609. Notwithstanding the foregoing, any person to whom a ticket is issued for a violation of subsection (1) or (2) may, within eight (8) days of receipt, pay seventy-five dollars ($75) 138 in lieu of contesting the violation and in lieu of any other fines or penalties. Such ticket shall contain an appropriate notice to the recipient of his or her right not to contest the violation and appropriate instructions and procedures for payment, as prescribed by the Director of Finance.
(d) The removal of any notice posted pursuant to subsection (2) or (3) by anyone other than the owner, or agent of the owner, of the posted property, or an authorized City official, or agent of such official, shall constitute a separate violation of such subsection.
(f) Upon timely payment under subsection (6)(c) or (e), the Police Department shall make any item seized under this Section available for return to the offender, pursuant to the procedures established by the Police Department.
Notes
| 137 | Added, Bill No. 959-A (approved February 16, 1995), 1995 Ordinances, p. 77. Code Section and cross-references renumbered by Code editor to avoid duplication. See note to Section 10-609. Amended, Bill No. 000147 (approved October 4, 2000); amended Bill No. 030245 (approved July 31, 2003); amended, Bill No. 120534-A (approved January 23, 2013). |
| 138 | Enrolled Bill No. 120534-A read "...pay seventy-five ($75)...." |