[Amended 10-14-2002 by Ord. No. 1674; 7-19-2010 by Ord. No. 1787]
As used in this chapter, the following terms shall have the
meanings indicated:
The parent or guardian or other person similarly responsible
for the general care and supervision of a minor or a person acting
at the request of such parent, guardian or other responsible person.
The areas as defined by § 440-90 of this article.
Any public area which is designated and operated for skateboarding,
blades and bikes by the Warren Recreation Commission, said public
area to include areas which have been designated as such as of the
date of this article and those areas so designated in the future.
A self-balancing, two-nontandem-wheeled device assigned to
transport only one person with an electric propulsion system.
A motorcycle, including a motor scooter, with a motor which
produces not to exceed five brake horsepower.
A motor-driven cycle equipped with operable pedals, a motor
rated no more than 1.5 brake horsepower, a cylinder capacity not exceeding
50 cubic centimeters, an automatic transmission, and a maximum design
speed of no more than 25 miles per hour, or an electric motor-driven
cycle equipped with operable pedals and an automatic transmission
powered by an electric battery or battery-pack-powered electric motor
with a maximum design speed of no more than 25 miles per hour.
All public parking lots, garages and spaces of all natures
and descriptions whatsoever located within the City of Warren, whether
owned and operated by the City, a parking authority, or by any other
public entity.
A device propelled solely by human-powered pedals.
Those areas of ingress, egress and regress which are not
typically designated for vehicular traffic.
Any natural person, whether minor or adult.
The practice of propelling oneself through the use of a pair
of boot-like devices equipped with a row of wheels.
Any device consisting of handlebars attached by a long rod
to a footboard on two or more wheels propelled either by human or
mechanical means.
That portion of the streets, highways, boulevards and alleys
designated or ordinarily used for pedestrian travel.
Any and all contrivances and appliances of any and all descriptions,
with wheels, intended for use by one or more persons in moving across
the surface of the earth, with the exceptions of tricycles, bicycles
and automobiles, trucks and other motor vehicles licensed by the Commonwealth
of Pennsylvania for use on state highways.
A single platform mounted with at least two wheels which
is propelled solely by human power and which has no mechanisms or
other device with which to steer or to control the movement or direction
of the platform, with or without motorized power.
All forms of wheeled devices intended to be worn or clamped
upon the feet and used for personal locomotion by the user thereof
in lieu of walking and shall include but not be limited to traditional
roller skates and in-line skates.
The public streets, highways, boulevards and alleys of all
natures and descriptions designated or ordinarily used for vehicular
travel, excluding sidewalks.
Any motorized or nonmotorized device with wheels or rollers
upon which a person may ride.
The following areas described below shall be considered to be
the designated area and are hereby affected by this article:
A.Â
With the exception of bicycles, which may be operated on the streets
listed below, it shall be unlawful for any person to use, operate,
park or ride unlicensed apparatus or recreational devices on the streets
or sidewalks along the following portions of streets in the City of
Warren:
Street
|
Side
|
Between
|
---|---|---|
Hickory Street
|
Both
|
Crescent Park to Fourth Avenue
|
Liberty Street
|
Both
|
Clark Street to Fourth Avenue
|
Market Street
|
West
|
Pennsylvania Avenue to Fourth Avenue
|
Pennsylvania Avenue
|
North
|
Poplar Street to Market Street
|
Pennsylvania Avenue
|
South
|
Hickory Street to Market Street
|
Pennsylvania Avenue
|
Both
|
Market Street and South Street
|
Second Avenue
|
Both
|
Pennsylvania Avenue to Market Street
|
Third Avenue
|
Both
|
Hickory Street to Market Street
|
B.Â
It shall be unlawful for any person to use, operate, park or ride
unlicensed apparatus or recreational devices on the sidewalk or pedestrian
access areas of Breeze Point Landing and Soldiers and Sailors Park
in the City of Warren.
C.Â
It shall be unlawful for any person to use, operate, park or ride
unlicensed apparatus or recreational devices on or in parking facilities
or on the pedestrian access areas leading to parking facilities or
in the City and/or private parking lots without written permission
of the owner of such property; provided, however, that oral permission
will be satisfactory with respect to private property owned and occupied
by parents, legal guardians or grandparents of the person using, operating,
or riding upon unlicensed apparatus or recreational devices.
D.Â
It shall be unlawful for a person to use any personal property (fixed
or portable) as a prop for jumping on or over, grinding on or ramping
without prior written permission from the property owner.
B.Â
It shall not be unlawful for any person to use or operate an unlicensed
apparatus or recreational devices if the sole purpose of that use
is to cross the street.
C.Â
Nothing in this article shall prevent a pedestrian from pulling an
unlicensed apparatus or recreational device, with or without a rider,
upon a sidewalk.
D.Â
Any law enforcement officer shall be exempt from prosecution for
the performance of any acts in violation of this article which are
committed during the discharge of his or her duties as a law enforcement
officer.
E.Â
Unlicensed apparatus or recreational devices may be operated on sidewalks
by a minor when that minor is accompanied by an adult as defined by
this article and operated with regard to the safety reasonable care
of others.
F.Â
The provisions set forth in this article do not apply to electric
personal assisted mobility devices, wagons, wheelchairs and strollers
or other devices designed and used for the purpose of transporting
infants, children, physically challenged or incapacitated persons
or to other devices intended and used for transporting merchandise
and materials, so long as they are used for the purposes for which
they are intended.
A.Â
A permit for a special event during which the use of unlicensed apparatus
or recreational devices may be permitted at the location of the special
event only, and for the date and time of the special event only, can
be acquired by filing an application and remitting appropriate fees
to the appropriate City office. In applying for such a permit, the
applicant must specifically request that the use of unlicensed apparatus
or recreational devices be permitted; if not so requested, permission
for the use of unlicensed apparatus or recreational devices at the
special event will not be considered granted simply by virtue of the
granting of the special event permit. The City Manager, the Manager's
designee or City Council reserves the right to reject any such requests,
either in part or in whole. Applications may be approved by the City
Manager, the Manager's designee or City Council.
B.Â
For reasonable cause shown, the Chief of Police or his designee may
issue special permits to individuals authorizing the holder thereof
to utilize roller blades or roller skates for personal transportation
over the streets set forth in the designated area.
C.Â
Any individual receiving a special permit shall be solely responsible
for complying with all applicable federal, state and local laws, rules,
regulations and ordinances and shall be solely responsible to conduct
said transportation in a safe and reasonable manner. In addition,
any individual receiving a special permit shall be solely liable for
any and all injuries, damages, accidents, causes of action, or the
like which may arise out of or pursuant to the special permit and
its subsequent use.
A.Â
Any person convicted of violating any of the provisions of this article
which are governed by the Vehicle Code of the Commonwealth of Pennsylvania
shall be sentenced to pay and to suffer such penalties as are set
forth in the Pennsylvania Vehicle Code for such offenses.
B.Â
Any person convicted of violating any of the provisions of this article
which do not also constitute violations of the Pennsylvania Vehicle
Code shall be sentenced to the following:
(1)Â
First offense. The unlicensed apparatus or recreational device may
be impounded by the Police Department for a period of five calendar
days and, upon conviction, shall be sentenced to pay a fine of $25
plus the cost of prosecution.
(2)Â
Second offense. The unlicensed apparatus or recreational device may
be impounded by the Police Department for a period of 15 calendar
days and, upon conviction, shall be sentenced to pay a fine of $50
plus the cost of prosecution.
(3)Â
Third offense. The unlicensed apparatus or recreational device may
be impounded by the Police Department for a period of 30 calendar
days and, upon conviction, shall be sentenced to pay a fine of $100
plus the cost of prosecution.
(4)Â
Fourth and subsequent offenses. The unlicensed apparatus or recreational
device may be impounded by the Police Department for a period of one
year and, upon conviction, shall be sentenced to pay a fine of $300
plus the cost of prosecution.
C.Â
To be considered a subsequent offense under this article shall not
require a conviction. In the event that the offender is a minor, the
parent, guardian or other person having legal custody of said minor
shall be notified of the offense.