8.06.020 Unsafe Use Prohibited.
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A. No skateboard, roller skates, coaster, in-line skates, motorized foot scooters, or similar device shall be ridden in a negligent or unsafe manner but shall be operated with reasonable regard for the safety of the operator and other persons.
B. It shall be unlawful for anyone to roller skate, in-line skate, use a coaster, toy vehicle, motorized foot scooter or any similarly situated device or to ride a skateboard or motorized foot scooter in any public plaza, building or in any parking lot owned, leased or operated by the city or county or to ride a skateboard in any part of Esther Short Park; or to be operated upon privately owned property without the express permission of the owner.
C. Operation of skateboards, in-line skates, roller skates, coasters, toy vehicles, motorized foot scooters and similar devices.
1. Negligent operation. Every person using a skateboard, in-line skates, roller-skates, a coaster, toy vehicle, motorized foot scooter, or any device similar to the foregoing upon any sidewalk or public path where they are not other prohibited, shall use the same in a careful and prudent manner and at a rate of speed no greater than is reasonable and proper under the conditions existing at the point of operation, taking into account the amount and character of pedestrian traffic, grade and width of sidewalk or public path, and condition of surface. Ever person using a skateboard, roller-skates, in-lines skates, coasters, toy vehicles or any similar devices upon a sidewalk or public path shall yield the right-of-way to any pedestrian thereon, and shall obey all traffic-control devices.
2. Interference with vehicular or pedestrian traffic is prohibited. No person upon a skateboard, in-line skates, roller skates, coaster, toy vehicle, motorized foot scooter or any device similar to the foregoing, shall interfere with or restrict the flow of vehicular or pedestrian traffic in any manner whatsoever.
3. Operation of skateboards, in-line skates, roller skates, coasters, toy vehicles, motorized foot scooters, and similar devices after dark. No person upon a skateboard, in-line skates, roller skates, coaster, toy vehicle, or any device similar to the foregoing, shall ride upon public highway or public sidewalk during the hours between one-half hour after sunset and one-half hour before sunrise without wearing a reflective device on his/her front and back.
4. Clinging to motor vehicle. No person upon a skateboard, in-line skates, roller skates, coaster, toy vehicle, motorized foot scooter, or any device similar to the foregoing, shall attach the same or himself or herself to any moving vehicle upon any public highway.
5. Speeding prohibited. No person upon a skateboard, in-line skates, roller skates, coaster, toy vehicle, motorized foot scooter, or any device similar to the foregoing, shall exceed a speed of 25 miles per hour.
6. Confiscation of property. A law enforcement officer having probable cause to believe a violation of this chapter has been committed shall have the authority to confiscate the skateboard, in-line skates, roller skates, coaster, toy vehicle, motorized foot scooter or similar device used in violation of this chapter, and hold the same as evidence pending adjudication of the infraction. The officer shall issue a notice of impoundment to the offender, which shall describe the procedures to obtain the return of the confiscated property.
a. Special requirements for offenses committed by juveniles. If a person under the age of sixteen commits a violation under this chapter, the Vancouver Police shall have the authority to impound the skateboard, in-line skates, roller skates, coaster, toy vehicle, motorized foot scooter or similar device, and issue a notice of impoundment to the offender or his or her parent or guardian, if then and there present.
b. Return of Impounded skateboard, in-line skates, roller skates, coaster, toy vehicle, motorized foot scooter or similar device:
1. Standing to obtain return of property. The owner, (or in the case of a juvenile, his or her parent or guardian), of the skateboard, in-line skates, rollers skates, coaster, toy vehicle, motorized foot scooter or similar device may request a hearing in order to obtain a return of said device.
2. Requesting a hearing. A request to have the skateboard, in-line skates, roller skates, coaster, toy vehicle, motorized foot scooter or similar device returned, shall be in writing, signed by the person requesting its return, and shall be filed with the city clerk no more than ten (10) calendar days from the date of impoundment. Any person requesting a hearing shall submit payment of a fee of $150.00 along with their application.
3. Content of hearing request. The written request shall state the name and address of the owner and the reasons the device should be returned to the owner.
4. Failure to request a hearing. Failure to request the return of the device constitutes a waiver of all right to an administrative hearing and determination of the matter. The device will then be disposed of by the City in accordance with its procedures on abandoned property.
5. Hearing Procedure. The hearings examiner, upon a review of the Police Reports(s), and any testimony of the offender, may
a. Order the return to the skateboard, in-line skates, roller skates, coaster, toy vehicle, motorized foot scooter or similar device;
b. May condition such return upon payment of a civil penalty up to the full amount of the civil infraction. ($250);
c. May order the forfeiture of the device; or
d. Upon a finding that no violation of this chapter occurred, authorize the hearing fee be refunded.
7. Law enforcement officers commissioned by the City of Vancouver are authorized to issue a notice of infraction upon certification that the officer has probable cause to believe, and does believe, that a person has committed an infraction contrary to the provisions of this section. (Ord. M-3886 § 2, 2008; Ord. M-3669 § 2, 2004)