HomeMy WebLinkAbout2809 Amends 11.54.030/11.54.050ORDINANCE NO. ¢~ ~'Off
AN ORDINANCE AMENDING SECTIONS 11.54,030 AND 11.54,050 OF
THE ASHLAND MUNICIPAL CODE TO REMOVE HELMET
REQUIREMENTS ON SIDEWALKS AND TO REDUCE CRIMINAL
PENALTIES FOR SKATEBOARD VIOLATIONS IN THE DOWNTOWN
AREA.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Section 11.54.030.A of Ashland Municipal Code is amended to read:
11.54.030 Skateboard Regulations. The following regulations apply to the
operation of a skateboard on a public street, sidewalk or public property:
A. Protective Headgear. Any person operating a skateboard shall wear
protective headgear of a type approved under ORS 815.052 for bicycle helmets.
Provided, however, protective headgear shall be required only when operating a
skateboard on public streets. Headgear is recommended on sidewalks or public
property.
SECTION 2. Section 11.54.050 of Ashland Municipal Code is amended to read:
11.54.050 Enhanced Penalties in Downtown Area. Any person who violates any
of the provisions of this chapter in the downtown area defined in section
11.52.020.B.1 is, upon conviction, punishable as follows:
A. First offense. Upon the first conviction for a violation under this
chapter, the person shall be punished by a fine of $25.00 (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. Every person who is convicted of a violation of this
chapter for a second time within a five-year period shall be punished by a fine
not less than $50 nor more than $250. Fifty 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. In addition, the court may order forfeiture of a
skateboard which was ridden in violation of this chapter, 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 this chapter.
C. Third or subseauent offense. Every person who violates this chapter a third
or more times within a five-year period shall be punishable by a fine of not less
than $100.00 nor more than $500.00. 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 the fine. Upon conviction of a third or subsequent violation
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of this chapter within a five-year period, the court may order forfeiture of a
skateboard which was ridden in violation of this chapter, 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 this chapter.
The foregoing ordinance was first READ on the /~ day of _/~~1997,
and duly PASSED and ADOPTED this ~ day of ~c/~ , 19~.
Barbara Christensen, City Recorder
SIGNED and APPROVED this /~ 7 day of J~f'~-'/~'~__ ,19~.
·
Catherine M. Golden, Mayor
Paul Nolte, City Attorney
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