(A) Definitions. For the purposes of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning.
RECKLESS or HAZARDOUS OPERATION. The operation of a skateboard or wheeling or sliding device in a manner such that the wheels of a wheeling
device leave the ground or that the skateboard or sliding device is separated from the ground, such as airborne. Also, the use of ramps, steps, walls, retention walls, doors, handrails, planters, curb or gutter edges, barriers and barricades, benches, picnic tables, sculptures, stages, platforms, playground equipment or other device or structure which is not intended for pedestrian or vehicular traffic, jumping or stepping on or off such devices or structures using wheeled equipment, or in a manner that is likely to cause damage to property or to cause personal injury or failing to yield the right of way to or otherwise interfere with pedestrian traffic.
SKATEBOARD. A foot board mounted upon four or five wheels and usually propelled by the user who sometimes stands, sits, kneels or lies upon the device while it is in motion.
WHEELING or SLIDING DEVICE. A device containing wheels or other means of propulsion which can be ridden on or otherwise used by an individual(s) in order to move about, including, but not limited to skateboards, roller skates, in-line skates, scooters, skis, and bicycles.
(B) Prohibited sites. The reckless or hazardous operation of a skateboard or other wheeling or sliding device is hereby prohibited in the following commercial corridors and at the following sites:
(1) The United States Post Office;
(2) The Woodburn City Hall.
(C) Posted signs. The reckless or hazardous operation of a skateboard or other wheeling or sliding device is prohibited on any property (including sidewalks, driveways, and parking lots of such property) where the property owner(s) post a sign or signs prohibiting such operation. This provision shall be interpreted to mean that if a sign is posted prohibiting skateboarding it shall be deemed to apply to all skateboard, wheeling or sliding devices;
(D) Exemptions. Nothing in this section shall prohibit the use of a wheelchair, a stroller, or similar device from being used to help an elderly, disabled, or infant individual in moving from place to place.
(E) Penalty and Enforcement.
(1) Any person found violating any provision of this section shall be fined $50 per violation. In addition, the Allen County Sheriff's Department, or any Deputy Sheriff acting in his or her official capacity, or any Police Officer hired or appointed by the City of Woodburn, may confiscate such skateboard or wheeling or skating device and turn such device over to the Clerk-Treasurer for the city. The individual found violating this section shall provide proof of his or her name, address and phone number to the Deputy Sheriff, Police Officer or other enforcing authority. Any individual violators who are under 18 years of age must disclose to the Police Officer or other enforcing authority the names, addresses and phone numbers of their parents or legal guardians.
(2) The Deputy Sheriff, Police Officer or other enforcing authority shall provide the name, address and telephone number of the individual violator (or their parent or guardian) to the Clerk-Treasurer along with the confiscated device. The Clerk-Treasurer shall not take possession of the confiscated device without proper identification of the violator and the violator's address and phone number. Upon taking possession of a confiscated device, the Clerk-Treasurer shall send written notice of assessment of the fine to the individual who violated this section. Such notice shall include the amount of the fine, the date that the fine is due, and the address or location where the fine can be paid. The notice shall provide that the fine is due 30 days from the date of assessment. The notice shall also provide instructions on how the confiscated device can be repossessed, and notice that the city may sell or destroy the repossessed device if the fine remains unpaid for more than 60 days following the due date. All money received from selling a confiscated device may be paid into the city's general fund. In the event a violator fails to pay a fine when due, such failure to pay shall result in a $25 late fee being assessed to said individual. In the event that the city is unable, after reasonable efforts to sell the confiscated device for an amount sufficient to pay the fine and late fee, the city may, at its discretion, bring a legal action in civil court to collect the deficiency, plus costs and attorney's fees as provided by Indiana law.
(Ord. G-02-1118, passed 2-4-02)