Chapter 8.62
SKATEBOARDS AND BICYCLES
Sections:
8.62.020 Skateboards—Areas of prohibited operation.
8.62.030 Bicycles—Areas of prohibited operation.
8.62.040 Operation of skateboards and bicycles in prohibited areas—Violations—Penalties.
8.62.050 Skateboards and bicycles—Confiscation pending adjudication.
8.62.060 Skateboards and bicycles—Issuance of infractions.
8.62.070 Purpose and intent of chapter.
8.62.010 Definitions.
For the purposes of this chapter, the following terms shall have the following meanings:
“Bicycle” means every device propelled solely by human power upon which a person or persons may ride, having two tandem wheels, either of which is sixteen inches or more in diameter, or three-wheels, any one of which is more than twenty inches in diameter.
“Commercial business district” means that area consisting of the business district, including general, traffic oriented, and low-impact, all as designated on the official zoning map pursuant to Chapter 20.10 of this code. It is intended that this encompass the area from, and including, Front Street north to the International Boundary Line, and from Sumas Avenue west to the Burlington Northern Railroad.
“Skateboard” means a flat or curved board, mounted on two or more casters or wheels, manually propelled, and usually made of wood, plastic or fiberglass. (Ord. 1285 § 1, 1999)
8.62.020 Skateboards—Areas of prohibited operation.
No person shall ride in, upon or operate any skateboard upon any public street, highway, alley, roadway, sidewalk, parking area open to the public for vehicular travel, city park, or other public property located within the area designated as the commercial business district. (Ord. 1285 § 2, 1999)
8.62.030 Bicycles—Areas of prohibited operation.
No person shall ride in, upon or operate any bicycle in a city park located within the area designated as the commercial business district. (Ord. 1285 § 3, 1999)
8.62.040 Operation of skateboards and bicycles in prohibited areas—Violations—Penalties.
Violation of any of the provisions of this chapter is a traffic offense, whether or not the act at issue occurred upon a roadway, and shall be punished as follows:
(a)(1) First offense: the fast offense shall be punished by a penalty of not more than two hundred fifty dollars, including all costs and assessments, and not less than twenty-five dollars, which minimum amount shall not be suspended or deferred, but the court may authorize community service in lieu of all or part of this penalty.
(2) Second offense: the second offense within a five-year period shall be punished by a penalty of not more than two hundred fifty dollars, including all costs and assessments, and not less than seventy-five dollars, which minimum amount shall not be suspended or deferred, but the court may authorize community service in lieu of all or part of this penalty.
(3) Third or subsequent offense: a person committing a third or subsequent offense within a five-year period shall be guilty of a misdemeanor and, upon conviction, shall be punished by fine not to exceed one thousand dollars or imprisonment in jail not to exceed ninety days or by both such fine and imprisonment. The minimum sentence shall be one hundred dollars, which amount shall not be suspended or deferred, but the court may authorize community service in lieu of all or part of this fine.
(b) Forfeiture: upon a conviction for a third or subsequent offense, the court shall during sentencing further determine whether to order a forfeiture of a skateboard or bicycle which was ridden or operated in violation of this chapter, unless it is proven to the court by preponderance of the evidence that the defendant is not the owner of the property and the owner did not or could not have reasonably known that the property would be ridden in violation of this chapter. A forfeited skateboard or bicycle shall be destroyed or sold at public auction. (Ord. 1285 § 4, 1999)
8.62.050 Skateboards and bicycles—Confiscation pending adjudication.
A law enforcement officer having probable cause to believe a violation of this chapter has been committed shall have the authority to confiscate the skateboard or bicycle used in violation of this chapter and hold the same as evidence pending adjudication of the offense. (Ord. 1285 § 5, 1999)
8.62.060 Skateboards and bicycles issuance of infractions.
Law enforcement officers commissioned by the city are authorized to issue a notice of infraction upon certification the officer has probable cause to believe, and does believe, that a person has committed an infraction contrary to the provisions of this chapter. The infraction need not have been committed in the issuing officer’s presence except as otherwise provided by law. (Ord. 1285 § 6, 1999)
8.62.070 Purpose and intent of chapter.
(a) It is expressly the purpose of this chapter to pro vide for and promote the health, safety and welfare of the general public and not to create or otherwise establish or designate any particular class or group of persons who will or should be protected or benefited by the terms of this chapter.
(b) It is the specific intent of this chapter that no provision nor any term used in this chapter is intended to impose any duty whatsoever upon the city or any of its officers or employees, for whom the implementation and enforcement of this chapter shall be discretionary and not mandatory.
(3) Nothing contained in this chapter is intended nor shall be construed to create or form the basis of any liability on the part of the city, or its officers, employees or agents, for any injury or damage resulting from any action or inaction on the part of the city related in any manner to the enforcement of this chapter by its officers, employees or agents. (Ord. 1285 § 7, 1999)