Part 4
Devices Propelled by Human Power and/or Gravity

§21-401 Definitions.

For purposes of this Part, the following terms shall have the meanings indicated:

Mobility-related devices–self-propelled wheelchairs, electrical mobility devices, electric personal assistive mobility devices and other similar devices intended for the specific purpose of giving persons with mobility-related disabilities the capability of transporting themselves.

Regulated device–skateboards, pedalcycles, bicycles, tricycles, roller skates, roller blades, in-line skates, heelys, scooters, and all other similar devices propelled by human power and/or by gravity, and other devices propelled by a motor that are not considered vehicles by Pennsylvania law. The provisions pertaining to pedalcycles and bicycles are in addition to those established by Pennsylvania law.

Scooter–a device consisting of an upright steering handle attached to a board or wheel.

Skateboard–a board or other flat surface with wheels or rollers on the bottom and used to skate on any surface.

(Ord. 752, 5/7/2007, §3(a))

§21-402 Restrictions.

1.    General. It shall be unlawful for any person, whether an adult or a minor, to operate, use or ride any device regulated by these provisions on a public highway, roadway, trafficway, street, sidewalk, walkway, path, pedalcycle/bicycle path, alley, driveway, or parking lot within the limits of the Borough of Selinsgrove or on or upon any property owned, leased or maintained by the Borough of Selinsgrove, except in full compliance with these provisions.

2.    Restricted Hours of Operation. It shall be unlawful for any person to operate or use any regulated device, except for pedalcycles, bicycles and mobility-related devices that are equipped with illumination equipment in compliance with Pennsylvania law, from sunset until sunrise on a public highway, roadway, trafficway, street, sidewalk, walkway, path, pedalcycle/bicycle path, alley, driveway, or parking lot within the limits of the Borough of Selinsgrove or on or upon any property owned, leased or maintained by the Borough of Selinsgrove.

3.    Discernable Operation. It shall be unlawful to operate or use a regulated device under atmospheric conditions in which the operator cannot be clearly discernable at a distance of 100 feet.

4.    Restricted Areas by Location.

A.    Except for mobility-related devices and pedalcycles/bicycles, it shall be unlawful to operate any regulated device on or upon the following locations within the Borough: the cartway and parking lanes on both sides of North and South Market Street from East or West Snyder Street to East or West Bough Street.

B.    Except for mobility-related devices, it shall be unlawful to operate any regulated device on or upon the following locations within the Borough:

(1)    The sidewalks on both sides of North and South Market Street from East or West Snyder Street to East or West Bough Street.

(2)    The sidewalks on both sides of East and West Pine Street from North or South Union Alley to North or South Strawberry Alley.

(3)    The sidewalks on both sides of East and West Chestnut Street from North Union Alley to North Strawberry Alley.

(4)    The sidewalks on both sides of University Avenue/Walnut Street from South Union Alley to South Strawberry Alley.

5.    Restricted Areas by Speed Limit. It shall be unlawful for any person to operate or use a regulated device, except for mobility-related devices and pedalcycles/bicycles, on any public highway, roadway, trafficway, or street for which the posted speed limit is greater than 25 miles per hour.

6.    Endangerment to Pedestrians, Vehicles. It shall be unlawful for any person to operate or use a regulated device in any manner that would cause a hazard to or create an endangerment to pedestrians, to others operating regulated devices or to the operators of motor vehicles. The operator of a regulated device shall grant the right-of-way to all pedestrians and shall provide a clearly audible signal when overtaking and passing a pedestrian or an operator of another regulated device No person engaged in operating a regulated device shall suddenly leave a curb sidewalk berm or street or any other place of safety and ride upon or propel any regulated device into or toward the path of a vehicle which is so close as to constitute a hazard. Where there are no pedalcycle/bicycle lanes, persons engaged upon any regulated device upon a public highway, roadway, trafficway, street, or alley shall ride as near to the right as practical, exercising care when passing a standing vehicle or one proceeding in the same direction. When operating a regulated device upon a public highway, roadway, trafficway, street, pedalcycle/bicycle path, or alley; the operator shall obey the applicable rules of the road as they would apply to pedalcycles/bicycles under Pennsylvania Law.

7.    Damage or Endangerment to Public Property. It shall be unlawful for any person to knowingly or recklessly operate or use a regulated device in any manner that causes damage to or that would recklessly create a risk to cause damage to public property, including, but not necessarily limited to the marking of the surface of sidewalks or curbs or the wearing away of any surface or of any coating on any surface in excess of that normally associated with normal wear and tear.

8.    Trespass. It shall be unlawful for any person to knowingly operate or use a regulated device on private real property without consent of the owner or lessor of the real property.

9.    Damage or Endangerment to Private Real or Personal Property. It shall be unlawful for any person to knowingly or recklessly operate or use a regulated device in any manner that causes damage to or that would recklessly create a risk to cause damage to private real or personal property, including, but not necessarily limited to, damage to the land or to structures, fixtures or personal property affixed to or located on the private real property.

10.    Obeyance of Signs, Signals or Instructions. It shall be unlawful for any person to operate or use a regulated device in noncompliance with any traffic signals or signs, or the instructions of police officers, fire police officers or crossing guards.

11.    Prohibition of Ramps, Half-pipes, Obstacles. It shall be unlawful for any person to operate or use a regulated device in conjunction with any ramp, half-pipe or other obstacle or structure placed on or located within any public highway, roadway, trafficway, street, sidewalk, walkway, path, pedalcycle/bicycle path, alley, driveway, or parking lot within the limits of the Borough of Selinsgrove or on or upon any property owned, leased or maintained by the Borough of Selinsgrove. It shall also be unlawful for any person to place such ramp, half-pipe or other obstacle or structure within any public highway, roadway, trafficway, street, sidewalk, walkway, path, pedalcycle/bicycle path, alley, driveway, or parking lot within the limits of the Borough of Selinsgrove or on or upon any property owned, leased or maintained by the Borough of Selinsgrove.

12.    Obstruction to Traffic. It shall be unlawful for any person to intentionally or recklessly operate or use a regulated device as provided in this Section so as to interfere with vehicular traffic on any highway, roadway, trafficway, street, alley, driveway, or parking lot within the limits of the Borough of Selinsgrove, or recklessly pose a danger to themselves, other persons or vehicles, through such interference with traffic.

13.    Hazard Related to Parking of Devices. It shall be unlawful for any person to park or place a regulated device so as to cause a hazard to or to impede the normal and reasonable movement of pedestrians, operators of other regulated devices or vehicles.

14.    Manufacturers Recommended Use or Normal Practice. It shall be unlawful for any person to operate or use a regulated device in any manner other than that recommended by the manufacturer or generally accepted as normal practice.

15.    Loitering and Noise. Loitering regulations are contained within Chapter 6, Part 4, and noise regulations are contained within Chapter 6, Part 1, of the Code of the Borough of Selinsgrove. Provisions of this Chapter may be applicable in combination with the regulations contained herein.

(Ord. 752, 5/7/2007, §3(a))

§21-403 Violations and Penalties.

Any person violating any provision of this Part is guilty of a summary offense and shall:

A.    For First Offense. A warning may be issued for a first offense. If the person violating the Part is a minor, in addition to the warning, the Borough Police shall notify, in writing, the parents, guardian or other person having legal custody of said minor of the violation of this Part. In addition, said person violating this Part shall be provided with a copy of this Part.

B.    For Second and Subsequent Offense(s). Upon conviction of a second or subsequent offense, the person shall be sentenced to pay a fine of not less than $10 nor more than $1,000 plus costs and reasonable attorney fees incurred by the Borough in the enforcement proceeding and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. If the person violating this Part is a minor, the parents, guardian or other person having legal custody of said minor shall be, upon conviction, sentenced to pay a fine of not less than $10 nor more than $1,000 plus costs together with reasonable attorney fees and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this Part continues or each Section of this Part which shall be found to have been violated shall constitute a separate offense. [Ord. 825]

(Ord. 752, 5/7/2007, §3(a); as amended by Ord. 825, 10/3/2016, §5(B))