Chapter 46.72
SKATEBOARDING IN CENTRAL
BUSINESS DISTRICT
Sections:
46.72.010 Riding skateboard or similar device in central business district—Prohibited.
46.72.020 Negligent operation of skateboard or similar device.
46.72.030 Seizure of skateboard or similar device.
46.72.040 Skateboards—Riding on sidewalks.
46.72.005 Definitions.
The following definitions apply in this chapter:
A. “Roller skates” has its ordinary meaning and means a pair of shoes mounted upon two sets of wheels, most often propelled by the user in an upright, standing position.
B. “In-line skates” has its ordinary meaning and means a pair of shoes or boots, mounted upon three or more sets of wheels located one behind the other under the attached shoe or boot, and is most often propelled by the user in an upright, standing position.
C. “Skateboard” has its ordinary meaning and includes a board of any material with wheels affixed to the underside, designed to be ridden by a person.
D. “Coaster” or “scooter” means a footboard mounted upon two or more wheels, controlled by an upright steering handle, and is most often propelled by the user usually in an upright position or kneeling. (Ord. 2543-01 § 1, 2001)
46.72.010 Riding skateboard or similar device in central business district—Prohibited.
A. It is unlawful for any person to be upon roller skates or in-line skates, or to ride in or upon or by any means a skateboard, coaster, toy vehicle or any device similar to the foregoing, upon a public sidewalk or roadway in the central business district.
B. “Central business district,” as used in this chapter, means the area designated by the Everett zoning code (Title 19), as now or hereafter amended, as Zone UM and designated as “Parking Area A” in the Everett zoning code, Chapter 34. (Ord. 3617-18 § 75, 2018: Ord. 2543-01 § 2, 2001: Ord. 1934-93 § 2, 1993)
46.72.020 Negligent operation of skateboard or similar device.
A. It is unlawful for any person to operate or ride roller skates, in-line skates, a skateboard, coaster, toy vehicle or any device similar to the foregoing in a negligent manner upon any publicly owned property or way open to the public in the city. For purposes of this section, “to ride in a negligent manner” means the riding or propelling of the skateboard or similar device in such a manner as to endanger or be likely to endanger any person or property; provided, however, that any person riding the skateboard or similar device on private property with the consent of the owner in a manner consistent with the owner’s consent shall not be guilty of this offense.
B. Negligent operation of a skateboard or similar device is a traffic misdemeanor, punishable by a fine of not less than two hundred dollars nor more than one thousand dollars, and by imprisonment in jail not to exceed ninety days. Two hundred dollars of the fine shall not be suspended or deferred, but the court may authorize community service in lieu of all or part of the fine.
C. Upon conviction of a violation of this section, the court may order forfeiture of a skateboard or other device which was ridden in violation of this section, unless it is proven to the court by a preponderance of the evidence that the defendant is not the owner of the skateboard or other device and the owner did not or could not have reasonably known that the skateboard or other device would be ridden in violation of this section. (Ord. 2543-01 § 3, 2001: Ord. 1934-93 § 4, 1993)
46.72.030 Seizure of skateboard or similar device.
Whenever a law enforcement officer has probable cause to believe a skateboard or similar device was used or is being used in violation of this chapter, such skateboard or similar device may be seized as evidence and held until the disposition of the charge. An observation by a law enforcement officer that a skateboard or similar device is in motion upon the ground or pavement in the central business district, whether or not such skateboard or similar device is accompanied by a person, shall be sufficient to establish probable cause of a violation of Section 46.72.010. (Ord. 2543-01 § 4, 2001: Ord. 1934-93 § 5, 1993)
46.72.040 Skateboards—Riding on sidewalks.
A. Whenever any person is operating or riding roller skates, in-line skates, a skateboard, coaster, toy vehicle or any device similar to the foregoing upon a sidewalk, such person shall yield the right-of-way to any pedestrian.
B. No person shall operate or ride roller skates, in-line skates, a skateboard, coaster, toy vehicle or any device similar to the foregoing upon a public sidewalk or roadway in a business district.
C. Violation of any provision of this section is a traffic infraction.
D. “Business district,” as used in this section, means any area designated by the Everett Zoning Code (Title 19) as now or hereafter amended, as Zone B-1, B-2(A), B-2(B), C-1, or C-2. (Ord. 2543-01 § 5, 2001: Ord. 1934-93 § 6, 1993)
46.72.050 Violation—Penalty.
Violation of any of the provisions of Section 46.72.010 is a traffic offense, whether or not the act at issue occurred upon a roadway, and shall be punished as follows:
A. First Offense. It is a traffic infraction for any person to violate Section 46.72.010 and shall be punished by a fine of fifty dollars (to include all costs and assessments). This fine shall not be suspended or deferred, but the court may authorize community service in lieu of all or part of this fine.
B. Second Offense.
1. Every person who violates Section 46.72.010 a second time within a five-year period shall be a guilty of a misdemeanor, punishable by a fine not less than one hundred dollars nor more than five hundred dollars. One hundred dollars of the fine shall not be suspended or deferred, but the court may authorize community service in lieu of all or part of this fine;
2. Upon conviction of a second violation of Section 46.72.010 within a five-year period, the court may order forfeiture of a skateboard which was ridden in violation of Section 46.72.010, unless it is proven to the court by a preponderance of the evidence that the defendant is not the owner of the skateboard and the owner did not or could not have reasonably known that the skateboard would be ridden in violation of Section 46.72.010.
C. Third or Subsequent Offense.
1. Every person who violates Section 46.72.010 a third or more time within a five-year period shall be guilty of a misdemeanor, punishable by a fine of not less than two hundred dollars nor more than one thousand dollars, and by imprisonment in jail not to exceed ninety days. Two hundred dollars of the fine shall not be suspended or deferred, but the court may authorize community service in lieu of all or part of the fine;
2. Upon conviction of a third or subsequent violation of Section 46.72.010 within a five-year period, the court may order forfeiture of a skateboard which was ridden in violation of Section 46.72.010 unless it is proven to the court by a preponderance of the evidence that the defendant is not the owner of the skateboard and the owner did not or could not have reasonably known that the skateboard would be ridden in violation of Section 46.72.010. (Ord. 1934-93 § 3, 1993)