46.72.050 Violation—Penalty.
Violation of any of the provisions of Section 46.72.010 is a traffic offense, whether or not the act at issue occurred upon a roadway, and shall be punished as follows:
A. First Offense. It is a traffic infraction for any person to violate Section 46.72.010 and shall be punished by a fine of fifty dollars (to include all costs and assessments). This fine shall not be suspended or deferred, but the court may authorize community service in lieu of all or part of this fine.
B. Second Offense.
1. Every person who violates Section 46.72.010 a second time within a five-year period shall be a guilty of a misdemeanor, punishable by a fine not less than one hundred dollars nor more than five hundred dollars. One hundred dollars of the fine shall not be suspended or deferred, but the court may authorize community service in lieu of all or part of this fine;
2. Upon conviction of a second violation of Section 46.72.010 within a five-year period, the court may order forfeiture of a skateboard which was ridden in violation of Section 46.72.010, unless it is proven to the court by a preponderance of the evidence that the defendant is not the owner of the skateboard and the owner did not or could not have reasonably known that the skateboard would be ridden in violation of Section 46.72.010.
C. Third or Subsequent Offense.
1. Every person who violates Section 46.72.010 a third or more time within a five-year period shall be guilty of a misdemeanor, punishable by a fine of not less than two hundred dollars nor more than one thousand dollars, and by imprisonment in jail not to exceed ninety days. Two hundred dollars of the fine shall not be suspended or deferred, but the court may authorize community service in lieu of all or part of the fine;
2. Upon conviction of a third or subsequent violation of Section 46.72.010 within a five-year period, the court may order forfeiture of a skateboard which was ridden in violation of Section 46.72.010 unless it is proven to the court by a preponderance of the evidence that the defendant is not the owner of the skateboard and the owner did not or could not have reasonably known that the skateboard would be ridden in violation of Section 46.72.010. (Ord. 1934-93 § 3, 1993.)