[HISTORY: Derived from Sec. 10-13 of the 1975 Code (Ord. No. 334).
Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
The entire width between the boundary lines of every public road
or street within the borough and the entire width between the boundary lines
of every private road or street which is subject to control under the provisions
of N.J.S.A. Title 39.
A platform or board with roller skate wheels or other similar wheels
affixed to the underside, designated to be ridden by a person or persons,
which has no steering device or mechanism to steer or control the direction
thereof while being used or ridden, even though the direction may be controlled
to some degree by shifting the feet or weight of the rider during such use.
No person shall use, operate or ride any skateboard on any public or
semipublic road or public place in the borough which is subject to control
under the provisions of N.J.S.A. Title 39.
A police officer who shall observe any person using, operating or riding
a skateboard in violation of this chapter shall seize such skateboard, and
such skateboard shall only be released to such person, or the parent or guardian
in case such person is a minor, upon issuance of a warning as to the effect
of this chapter.
A.
For violation of any provision of this chapter, any other
chapter of this Code or any other ordinance of the borough where no specific
penalty is provided regarding the section violated, the maximum penalty, upon
conviction, shall be a fine not exceeding $1,000 or imprisonment for a period
not exceeding 90 days, or both (N.J.S.A. 40:49-5).
B.
Separate violations. Except as otherwise provided, every
day in which a violation of any provision of this chapter or any other ordinance
of the borough exists shall constitute a separate violation.
C.
Application. The maximum penalty stated in this section
is not intended to state an appropriate penalty for every violation. Any lesser
penalty, including a nominal penalty or no penalty at all, may be appropriate
for a particular case or violation.
D.
Minimum penalty. The Borough Council may prescribe that,
for the violation of any particular Code provision or ordinance, at least
a minimum penalty shall be imposed which shall consist of a fine which may
be fixed at an amount not exceeding $100 (N.J.S.A. 40:49-5).
