(A) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
OPERATE. To ride on or upon or control the operation of a skateboard or roller skates.
OPERATOR. Every person who operates or is in actual physical control of a skateboard or roller skates.
PERSON. An individual partnership, corporation, the state and its agencies and subdivisions, and any body of persons, whether incorporated or not.
ROLLER SKATE. A form of skate with small wheels or rollers instead of a runner.
SKATEBOARD. A device for riding upon, usually while standing, consisting of an oblong piece of wood or of other composition mounted on skate wheels.
(B) It shall be unlawful for any person to operate a skateboard or roller skates under the circumstances set forth as follows:
(1) On private property of another without the express permission to do so by the owner or occupant of the property;
(2) In any careless, reckless or negligent manner so as to endanger, or be likely to endanger the safety of any person or property of any other person;
(3) Upon any public street or upon any public sidewalk within the downtown area designated as an area bounded on the south by 5th Avenue South, on the west by 2nd Street West, on the north by 4th Avenue North and on the east by 3rd Street East, and including the area of designated streets and the sidewalks parallel thereto on both sides of the street; (This division shall not apply to persons on roller skates, but shall not in any way modify the prohibition contained in (B)(8) below prohibiting the use of roller skates on state highways, including state highways within the downtown area.)
(4) Emerge from an alley, driveway or building upon approaching a sidewalk or the sidewalk area extending across any alleyway and not yield the right-of-way to all pedestrians approaching the sidewalk area and upon entering the roadway shall yield the right-of-way to all vehicles approaching on the roadway;
(5) To operate a skateboard or roller skates and attach the same or the person of the operator to any vehicle upon a roadway;
(6) To operate a skateboard or roller skates upon a roadway and not ride as close as possible to the right-hand curb or edge of the roadway;
(7) To roller skate or use a skateboard upon a public street, sidewalk or other roadway after sunset and before sunrise; and
(8) To roller skate or use skateboards upon a state highway in the city.
(C) A person apprehended by a police officer in violation of this section does by his or her use of the public streets and sidewalks consent to the impoundment by a police officer of the skateboard or roller skates for a period of three days upon a first offense, one week upon the second offense and 30 days upon a third offense. Any operator aggrieved by the impoundment of his or her skateboard or roller skates may petition the Council for hearing hereon at the next regular Council meeting following the impoundment. This division is in addition to the provisions for fines and penalties as set out herein.
(`86 Code, § 6.07) (Am. Ord. 570, passed 9-1-87; Am. Ord. 654, passed 8-16-94) Penalty, see § 10.99