§ 12-58. Penalty for violation

(a) Any violation of the provisions of this article shall be deemed to be an infraction or misdemeanor at the discretion of the city attorney or district attorney, and punishable as such. The complaint charging such violation shall specify whether the violation is a misdemeanor or an infraction. Each day a violation of any provision of this article continues shall be a new and separate violation. Any person cited and convicted of three or more infractions of this article shall be permanently barred from the use of or entrance to a skate park.

(b) In addition to the penalties so described, any police officer or other person authorized to issue citations shall have the authority to impound any skateboard, bicycle, scooter or roller skates of a person found violating this article. Upon impoundment of any skateboard, bicycle, scooter, roller skates as provided herein, the owner of such device shall be issued a receipt. Said receipt shall state the hours, location, time frame and manner for claiming the impounded skateboard bicycle, scooter, roller skates, as provided in subparagraph (1) and (2) of this paragraph.

(1) Upon presentation of the receipt, the owner may claim the impounded skateboard, bicycle, scooter, roller skates at the police department during business hours. If the owner is a minor, such owner may claim the impounded skateboard, bicycle, scooter, roller skates if accompanied by a parent or guardian. No fee may be assessed on the owner, parent or guardian.

(2) If the impounded skateboard, bicycle, scooter, roller skates is/are not claimed within sixty (60) days after the date of impoundment, the city may dispose of the item(s) by destruction or public sale at auction.

(c) Any provision of this Code or appendices thereto inconsistent with the provisions of this article, to the extent of such inconsistencies and no further, is hereby repealed or modified to the extent necessary to effect the provisions of this article.

(d) If any section, subsection, paragraph, sentence, clause, phrase or portion of this article is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this article.

(Ord. No. 05-5, § 1, 4-19-05 ; Ord. No. 07-1, § 1, 1-16-07 )