Chapter 10.20
SKATEBOARDS, GO CARTS, SCOOTERS, ROLLER SKATES AND OTHER TOY VEHICLES
Sections:
10.20.020 Use on public streets and other public places prohibited.
10.20.025 Bicycles prohibited on public sidewalks.
10.20.040 Violation – Penalty.
10.20.010 Definitions.
Whenever in this chapter the following terms are used, they shall have the meanings respectively set forth in this section:
A. “Bicycles” means every device propelled solely by human power upon which a person or persons may ride having two tandem wheels, either of which is 16 inches or more in diameter; or three wheels, any of which is more than 20 inches in diameter.
B. “Go cart” means a vehicle distinguished by its small wheels (usually four) capable of carrying one person, the operator, propelled by a gas engine, and used or operated on a smooth, hard surface, and designed for use as a sport or toy, rather than for useful transportation.
C. “Roller skate,” as the definition is normally used in the English language, meaning small wheels, either affixed to a shoe or shoe like devices or capable of being clamped or attached to shoes.
D. “Scooters” and “soapbox cars” mean small-wheeled carts or wagons, upon or in which one or more child (or children) rides, having no mechanical driving power, and which is usually propelled by foot by the operator, or pushed by an assistant, or permitted to coast downhill by gravity pull.
E. “Skateboard” means a short board composed of lumber, plastic or other substitute, to which is attached a set of roller skate wheels or other similar wheels, which device is used primarily by children at play, and is usually propelled along a smooth, paved hard surface by the user who sometimes stands, sits, kneels or lies upon the device while it is in motion.
F. “Trier of fact” means the chief of police, mayor or their designees. (Ord. 14-783 § 1, 2014; Ord. 99-563 § 1, 1999; Ord. 86-364 § 1, 1986)
10.20.020 Use on public streets and other public places prohibited.
It is unlawful for a person to play with or propel scooters, soapbox carts, go carts, roller skates, or skateboards over and along the public streets, alleys, sidewalks, parking lots or other public places within the city limits, except where these activities are specifically permitted in said parking lots or other public places or specifically signed as allowing them. (Ord. 14-783 § 1, 2014; Ord. 86-364 § 2, 1986)
10.20.025 Bicycles prohibited on public sidewalks.
It is unlawful for any person to play with or propel a bicycle over and along, and upon the public sidewalks of the city in an area bounded by Second Street between Cleveland and Filmore Streets; Filmore and Cleveland Streets between First and Second Streets, and on public school property according to existing school policy. (Ord. 99-563 § 2, 1999)
10.20.030 Exceptions.
Bicycles, scooters, soapbox carts, go carts, roller skates and skateboards are exempt from this chapter if they are operated as part of an event sanctioned by the city or other governmental agency, during a bona fide emergency, upon the bike path, when accompanied by a parent or guardian, or at any other time deemed reasonable by the investigating officer. (Ord. 14-783 § 1, 2014; Ord. 86-364 §§ 3, 4, 1986)
10.20.040 Violation – Penalty.
Upon a determination that a violation of this chapter has occurred, law enforcement officers may, at their discretion, issue a civil infraction, with a civil penalty not to exceed $250.00; provided, that the bail forfeiture schedule for such infraction shall be $75.00 for the first infraction within a 12-month period and $150.00 for the second infraction within a 12-month period, and $250.00 for the third and subsequent infractions within a 12-month period. Juvenile offenders will be referred to the Asotin County juvenile court.
The investigating officer may immediately seize the offending conveyance and subject it to forfeiture pending a hearing by the trier of fact. The defendant will be given a receipt for the conveyance and written instructions on how to request a hearing and redeem the item and the consequences for not requesting a hearing or not requesting a hearing within the allowed time. The parent or legal guardian of juvenile defendants shall be served this paperwork and will be responsible to request a hearing and redeem the conveyance. The hearing must be requested in writing to the trier of fact and must occur within 45 days of seizure. If the trier of fact determines the conveyance is forfeit, the conveyance becomes property of the city of Asotin and can be disposed of by public auction or by destruction of the item. The decision of the trier of fact can be appealed by the defendant or parent/legal guardian as allowed by law. (Ord. 14-783 § 1, 2014; Ord. 04-641 § 1, 2004; Ord. 86-364 § 5, 1986)