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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 PAGE 1-ORDINANCE (p:skatebd.d97) 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 PAGE 2-ORDINANCE (p:,k~,ba.a97)