CHAPTER 10-600. PUBLIC PLACES -- PROHIBITED CONDUCT
§10-610. Skateboarding, Rollerblading and Bicycling on Public Property. [95]
(1) No person shall use a skateboard in any of the following
areas:
(a) the area bounded by Arch street, Fifteenth street, Broad
street, and John F. Kennedy boulevard (the Municipal Services Building plaza and
sidewalks); or
(b) on public property unless use of a skateboard on such property is
authorized by regulation, ordinance or statute, or is otherwise authorized by
the governmental agency, department of commission responsible for such property.
"Public Property" does not include public roads, highways, bicycle and/or
skateboard paths, or sidewalks abutting private property. "Public Property" also
shall not include Recreation Department facilities, which facilities shall be
subject to the rules and regulations of the Recreation
Department.
(2) No person shall use a skateboard, rollerblades or a
bicycle on portions of private property, including but not limited to outdoor
plazas, that are dedicated to use by the general public, where the owner of such
private property has posted a notice indicating that such activity is prohibited
on that property pursuant to the Philadelphia Code and that violation of the
prohibition may lead to confiscation and forfeiture of skateboards, rollerblades
and bicycles used on the property.
(3) The parent of any child under the
age of eighteen (18) years who violates this Section shall also be in
violation of this Section.
(4) Penalties.
(a) The
penalty for a violation of this Section shall be a civil penalty of three
hundred dollars ($300), provided that the total amount of civil penalties
assessed against a child and his or her parents shall not exceed a total of
three hundred dollars ($300) based upon each violation by the
child.
(b) An additional penalty for a violation of this Section shall
be forfeiture of any skateboard, rollerblade or bicycle used in violation of
this Section, unless it is proven to the Court by a preponderance of the
evidence that the defendant does not own the item and the owner did not or could
not have reasonably known that the item would be used in violation of this
Section. Further the total amount of any penalty assessed for each violation,
taking into account the value of both the fine and forfeiture, shall not exceed
three hundred dollars ($300).
(5)
Enforcement.
(a) Whenever a police officer has
probable cause to believe a skateboard, rollerblade or bicycle was used or is
being used in violation of this Section the officer may seize the
item.
(b) Any person authorized to enforce ordinances may issue a
ticket to any person in violation of this section, pursuant to the procedures
set forth in §10-1606. Contested charges shall be resolved, fines shall be
imposed, and payments shall be collected and processed by the Director of
Finance and the Bureau of Administrative Adjudication, all pursuant to the
procedures set forth in §§10-1604 through 10-1609. Notwithstanding the
foregoing, any person to whom a ticket is issued may, within eight (8) days of
receipt, pay seventy-five ($75) in lieu of contesting the violation and in lieu
of any other fines or penalties. The ticket shall contain an appropriate notice
to the recipient of his or her right not to contest the violation and
appropriate instructions and procedures for payment, as prescribed by the
Director of Finance. Upon timely payment under this subsection, the Police
Department shall make any item seized under this Section available for return to
the offender, pursuant to the procedures established by the Police
Department.
(c) The removal of any notice posted pursuant to subsection
(2) by anyone other than the owner, or agent of the owner, of the posted
property shall constitute a separate violation of this
Section.
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