City of Warren, PA Unlicensed Apparatus and Recreational Devices

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.

DESIGNATED AREA

The areas as defined by § 440-90 of this article.

DESIGNATED SKATEBOARDING FACILITY

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.

ELECTRIC PERSONAL ASSISTED MOBILITY DEVICE

A self-balancing, two-nontandem-wheeled device assigned to transport only one person with an electric propulsion system.

MOTOR-DRIVEN CYCLE

A motorcycle, including a motor scooter, with a motor which produces not to exceed five brake horsepower.

MOTORIZED PEDALCYCLE

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.

PARKING FACILITIES

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.

PEDALCYCLE

A device propelled solely by human-powered pedals.

PEDESTRIAN ACCESS AREAS

Those areas of ingress, egress and regress which are not typically designated for vehicular traffic.

PERSON

Any natural person, whether minor or adult.

ROLLER-BLADING

The practice of propelling oneself through the use of a pair of boot-like devices equipped with a row of wheels.

SCOOTER

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.

SIDEWALK

That portion of the streets, highways, boulevards and alleys designated or ordinarily used for pedestrian travel.

SIMILAR DEVICE

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.

SKATEBOARD

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.

SKATES

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.

STREET

The public streets, highways, boulevards and alleys of all natures and descriptions designated or ordinarily used for vehicular travel, excluding sidewalks.

TOY VEHICLES

Any motorized or nonmotorized device with wheels or rollers upon which a person may ride.

§ 440-90 Designated area; prohibitions.

The following areas described below shall be considered to be the designated area and are hereby affected by this article:

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

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.

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.

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.

§ 440-91 Exemptions.

It shall be unlawful for any person to ride a sled or coaster upon any street within the boundaries of the City of Warren unless that street is on a portion of a street blocked off for sledding by authority of § 440-6 of Article I of this chapter.

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.

Nothing in this article shall prevent a pedestrian from pulling an unlicensed apparatus or recreational device, with or without a rider, upon a sidewalk.

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.

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.

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.

§ 440-92 Special permits.

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.

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.

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.

§ 440-93 Violations and penalties.

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.

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)

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)

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)

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)

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.

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.