Banning Municipal Code Ch. 10.40 Skateboards, Roller Skates, Coasters and Other Wheeled Devices

As used in this chapter:

"Coasters" means a footboard mounted upon two or more wheels and controlled by an upright steering handle. This device is usually propelled by the user in an upright position.

"Operate in a hazardous manner" means the deliberate operation of one or more of the above described devices in a way that the operator knows creates a substantial risk of injury or damage to the person or property of another. Riding of the device on any step or stairs or any part thereof; on any furniture, street furniture, or equipment not specifically designed for such purposes; on any structural part above the street, sidewalk or walking surface adjacent to the structural part is presumed to fall within this definition.

"Other wheeled devices" shall include but not be limited to any wheeled vehicle or device propelled by human, wind or motorized power; other than conveyances for the disabled.

"Roller skates" means a pair of shoes, mounted upon wheels and is most often propelled by the user in an upright, standing position or kneeling.

"Skateboard" means a footboard mounted upon four or more wheels and is usually propelled by the user who sometimes stands, sits, kneels, or lays upon the device while it is in motion.

(Code 1965, § 5-25.)

These regulations are applicable to skateboards, roller skates, coasters and other wheeled devices and shall apply whenever such device is operated or ridden upon any street, sidewalk, or upon any public path set aside for the exclusive use of vehicles, subject to those exceptions stated herein.

(Code 1965, § 5-26.)

It shall be a violation of law, subject to punishment hereunder for any parent, guardian or other adult person having the care and custody of any minor child under eighteen years of age to permit any such minor child to engage in conduct that violates any of the provisions of this chapter.

(Code 1965, § 5-27.)

A. It shall be a violation of law, subject to punishment hereunder for any person operating a skateboard, roller skates, coasters or other wheeled devices to fail to obey the instructions of official traffic control signals, signs, and other control devices applicable to vehicles, unless otherwise directed by a police officer.

B. Whenever authorized signs are erected indicating that no right or left or U turn is permitted, it shall be a violation of law, subject to punishment hereunder for any person operating a skateboard, coaster, or other wheeled device to fail to obey the direction of any such sign, except where such person dismounts from the skateboard, coaster or other wheeled device to make any such turn, in which event such person shall then obey the regulations applicable to pedestrians.

(Code 1965, § 5-28.)

A. It shall be a violation of law, subject to punishment hereunder, for any person operating a skateboard, roller skates, coasters or other wheeled devices to operate in a hazardous manner upon any roadway or sidewalk.

B. It shall be a violation of law, subject to punishment hereunder, for any person operating a skateboard, roller skates, coasters or other wheeled devices to obstruct, hinder, impede or restrict the lawful course of travel of any motor vehicle or the lawful use of any pedestrian of public streets, sidewalks, alleys, parking areas, pathways, or trails in any manner whatsoever.

C. When operating a skateboard, roller skates, coaster, or other wheeled device upon a sidewalk or other area routinely traveled by pedestrians, it shall be a violation of law, subject to punishment hereunder, for such operator to fail to yield the right-of-way to any pedestrian before overtaking and passing such pedestrian so as not to endanger the safety of the pedestrian.

(Code 1965, § 5-29.)

A. It shall be a violation of law, subject to punishment hereunder for any person to operate a skateboard, roller skates or other wheeled device within the following areas:

1. Any city owned property unless specifically set aside for the use of such wheeled device;

2. Any privately-owned parking lot when properly posted. As used in this subsection, "properly posted" means those privately-owned parking lots which have signs not less than eighteen inches by twenty-four inches in size and lettering not less than one inch in height installed at each entrance to the lot and at least two additional signs at highly visible locations within the parking lot with the following wording:

SKATEBOARDING AND ROLLERSKATING PROHIBITED ON THESE PREMISES, VIOLATORS WILL BE CITED. BMC 10.40.060(A).

B. The city engineer as authorized by resolution of the city council may erect signs on any public sidewalk or roadway regulating or prohibiting the riding of skateboards, roller skates, coaster and other wheeled devices in the designated area.

(Code 1965, § 5-30.)

It shall be a violation of law, subject to punishment hereunder for any person operating any skateboard, roller skates, coaster, or other wheeled device to attach the same or himself/herself to any moving vehicle upon the roadway.

(Code 1965, § 5-31.)

It shall be a violation of law, subject to punishment hereunder for any person to operate a skateboard, roller skates, coaster or other wheeled device upon a street or sidewalk during the hours between a half-hour after sunset and half hour before sunrise without wearing a reflective device on both the front and back of the rider.

(Code 1965, § 5-32.)

A. Unless otherwise stated in this chapter any violation of this chapter shall be subject to penalties as follows:

1. First Offense. A first offense shall be a written warning, maintained on file by the police for one year.

2. Second Offense. A second offense shall be an infraction and subject to a fine of fifty dollars.

3. Third Offense. A third offense shall be an infraction and subject to a fine of one hundred fifty dollars.

4. Any subsequent offense shall be prosecuted as a misdemeanor and may be subject to fine, imprisonment or both as allowed by California State law.

B. All skateboards, roller skates, coasters and other wheeled devices operated in violation of this chapter 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 such property by contacting the police department in writing within fifteen days of receipt of notice of seizure, requesting the property be returned. In such a case, the police department shall return the property without penalty within ten days of the request. A hearing may be held pursuant to subsection (D)(3) of this section to determine if a person may make a claim under this subsection.

C. Upon the occasion of second or subsequent seizure of the same property, the property shall be held for a minimum of thirty days and a maximum of fifty. A fee of one dollar shall be charged for each day the property is held in impound. The proceeds, less a reasonable administrative charge, shall be earmarked for application to the construction and maintenance of a skateboard park within the City of Banning.

D. Property subject to seizure 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.

1. In all cases, the police department shall cause notice of the seizure and intended forfeiture of the property to be served on the person from whom the property is seized within fifteen days following the seizure. The notice may be served by any method authorized by law or court rule. Service shall be deemed complete upon mailing. The notice shall describe the procedure for recovery of the property.

2. In all cases, 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 thirty days of the seizure, such property shall be deemed forfeited.

3. Upon the occasion of a second or subsequent seizure of the same property, if any person notifies the police department in writing of the person's claim of ownership or right to possession within thirty days of the seizure, the property shall be delivered to the party upon payment of the impound fee unless there is a disputed or doubted claim of right as determined by the police chief or his/her designee. The person or persons shall be afforded a reasonable opportunity to be heard as to a disputed or doubtful claim or right. The hearing shall be before the police chief or his/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 of possession of the seized items. The determination of the police chief or his/her designee shall be the final action by the city in the matter.

4. The above notwithstanding, if it is determined that the impounded property was stolen, the property shall be returned to the owner without imposition of the impound fee.

E. When property is forfeited under this chapter the police department shall:

1. Destroy that property which is deemed to be harmful to the public; or

2. Sell that property which is not deemed to be harmful to the public. The proceeds shall be earmarked for application to the construction and maintenance of a skateboard park within the city.

(Code 1965, § 5-33.)