Chapter 9.38
COASTERS, ROLLERSKATES,
AND SKATEBOARDS1
Sections:
9.38.020 Negligent operation of skateboards, coasters, and rollerskates prohibited.
9.38.030 Parental responsibilities.
9.38.040 Enforcement – Penalty – Seizure and forfeiture.
9.38.010 Purpose.
The city council finds that the regulation of the use and/or operation of coasters, rollerskates, skateboards within the city of Milton is a serious public safety concern, especially the safety of minor persons and others upon the public highways of the city of Milton. Toward that end, this chapter is aimed at making unlawful the negligent use and/or operation of such vehicles upon the public roadways of the city of Milton so as to protect the operator of the vehicle and to protect motor vehicles lawfully proceeding upon the public highways. (Ord. 1086 § 2, 1988).
9.38.020 Negligent operation of skateboards, coasters, and rollerskates prohibited.
It is unlawful for any person to operate a skateboard in a negligent manner upon any roadway, sidewalk or publicly owned parking lot. For the purpose of this section, “to operate in a negligent manner” means the operation of a skateboard in such a manner as to endanger or be likely to endanger any persons or property. An offense under this section is a misdemeanor. (Ord. 1086 § 2, 1988).
9.38.030 Parental responsibilities.
It shall be unlawful for every parent, guardian, or other adult person having the care and custody of any minor child under 18 years of age to knowingly permit such a minor child to violate this chapter. An offense under this section is a misdemeanor. (Ord. 1086 § 2, 1988).
9.38.040 Enforcement – Penalty – Seizure and forfeiture.
A. Any minor violating the provisions of this chapter shall be dealt with in accordance with juvenile law and juvenile court procedure, and if remanded for police court prosecution, upon conviction, shall be fined not more than $100.00, or be imprisoned not more than 30 days, or both in discretion of the court; provided however, that upon the first such offense, the maximum penalty shall be a written and verbal warning of violation.
B. Any adult violating the provisions of this chapter, upon conviction, shall be punished by a fine not to exceed $100.00 or by imprisonment not to exceed 90 days, or by both such fine and imprisonment; provided however, that upon the first such offense, the maximum penalty shall be a written and verbal warning of violation.
C. 1. All skateboards, rollerskates and coasters operated in violation of this chapter or in conjunction with a violation of MMC 9.04.020 (RCW 9A.52.080) are subject to seizure and forfeiture; provided any person who has any property seized for the first time pursuant to this chapter may prevent forfeiture of said property by contacting the police department in writing within 15 days of receipt of notice of seizure, requesting the property be returned. In such a case, the police department shall return the property after 30 and before 40 days of its seizure. A hearing may be held pursuant to subsection (C)(5) of this section to determine if a person may claim under this exception.
2. Property subject to forfeiture under this chapter may be seized by any law enforcement officer who has reasonable cause to believe the property was being used in violation of this chapter or MMC 9.04.020 (RCW 9A.52.080).
3. The police department shall cause notice to be served within 15 days following the seizure on the person from whom the property is seized of the seizure and intended forfeiture of the seized property. The notice may be served by any method authorized by law or court rule. Service shall be deemed complete upon mailing.
4. If no person notifies the police department in writing of the person’s claim of ownership or right to possession of the seized property within 30 days of the seizure, such property shall be deemed forfeited.
5. If any person notifies the police department in writing of the person’s claim of ownership or right to possession within 30 days of the seizure, the person or persons shall be afforded a reasonable opportunity to be heard as to their claim or right. The hearing shall be before the chief of police or his or her designee. The burden of producing evidence shall be upon the person claiming to be the lawful owner or the person claiming to have the lawful right to possession of the seized items. A hearing before the seizing agency and any appeal therefrom shall be under RCW Title 34.
6. When property is forfeited under this chapter the police department shall:
a. Destroy that property which is deemed to be harmful to the public; or
b. Sell that property which is not deemed to be harmful to the public. The proceeds shall be deposited in the general fund of the city. (Ord. 1128 § 1, 1990; Ord. 1086 § 2, 1988).
9.38.050 Severability.
If any provision of this act or its application to any person or circumstances is held invalid, the remainder of the act or application to the provision to other persons or circumstances is not affected. (Ord. 1086 § 2, 1988).
Prior legislation: Ord. 1055.