TITLE VII: TRAFFIC CODE Chapter 70. TRAFFIC CONTROL 71. PARKING 72. RECREATIONAL VEHICLES 1 Winston -Traffic Code CHAPTER 70: TRAFFIC CONTROL Section General Provisions 70.01 State statutes adopted 70.02 Short title 70.03 Definitions Administration 70.15 Powers of the Council 70.16 Duties of the City Manager 70.17 Public danger 70.18 Standards 70.19 Authority of police and fire officers General Regulations 70.30 Crossing private property 70.31 Unlawful riding 70.32 Damaging sidewalks and curbs 70.33 Removing glass and debris 70.34 Dynamic braking devices Processions 70.45 Funeral procession Truck Routes 70.60 Definitions 70.61 Establishment of truck routes 70.62 Prohibition 70.63 Exclusions 70.99 Penalty 3 Winston -Traffic Code GENERAL PROVISIONS § 70.01 STATE STATUTES ADOPTED. (A) It is the policy of the city to conform its traffic laws as closely as feasible to the traffic laws of this state. The provisions of O.R.S. Chapters 153, 801, 802, 803, 805, 806, 807, 809, 810, 811, 813, 814, 815, 816, 818, 819, 820, 821, 822 and 823 as now enacted or hereafter amended, are hereby adopted, and violation thereof shall constitute an offense against the city. (B) The definitions in O.R.S. Chapters 153 and 801 to 823 shall apply, where the context requires, to all sections of this chapter. (1993 Code, Comp. No. 5-4) (Ord. 416, passed 12-21-1987) Penalty, see § 70.99 § 70.02 SHORT TITLE. This chapter may be cited as the City Uniform Traffic Ordinance. (1993 Code, Comp. No. 5-2) (Ord. 201, passed 11-11-1975) § 70.03 DEFINITIONS. (A) In addition to those definitions contained in the State Vehicle Code, for the purpose of this Title VII, the following definitions shall apply unless the context clearly indicates or requires a different meaning. BUS STOP. A space on the edge of a roadway designated by a sign for use by buses loading or unloading passengers. HOLIDAY. New Year’s Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day and any other day proclaimed by the Council to be a HOLIDAY. LOADING ZONE. A space on the edge of a roadway designated by a sign for the purpose of loading or unloading passengers or materials during specified hours of specified days. MOTOR VEHICLE. Every vehicle that is self-propelled, including tractors, fork-lift trucks, motorcycles, road-building equipment, street-cleaning equipment and any other vehicle capable of moving under its own power, notwithstanding that the vehicle may be exempt from licensing under the motor vehicle laws of this state. PERSON. A natural person, firm, partnership, association or corporation. Traffic Control TAXICAB STAND. A space on the edge of a roadway designated by sign for use by taxicabs. TRAFFIC LANE. The area of the roadway used for the movement of a single line of traffic. VEHICLE. As used in subsequent sections of this Title VII, includes bicycles. (B) As used in this Title VII, the singular includes the plural, and the masculine includes the feminine. (1993 Code, Comp. No. 5-2) (Ord. 201, passed 11-11-1975) ADMINISTRATION § 70.15 POWERS OF THE COUNCIL. Subject to state laws, the City Council shall exercise all municipal traffic authority for the city except those powers specifically and expressly delegated herein or by another ordinance. (1993 Code, Comp. No. 5-2) (Ord. 201, passed 11-11-1975) § 70.16 DUTIES OF THE CITY MANAGER. The City Manager or his or her designate shall implement the ordinances, resolutions and motions of the Council by installing traffic-control devices. The installations shall be based on the standards contained in the state Manual on Uniform Traffic Control Devices for Streets and Highways. (1993 Code, Comp. No. 5-2) (Ord. 201, passed 11-11-1975; Ord. 651, passed 12-20-2010) § 70.17 PUBLIC DANGER. Under conditions constituting a danger to the public, the City Manager or his or her designate may install temporary traffic-control devices deemed by him or her to be necessary. (1993 Code, Comp. No. 5-2) (Ord. 201, passed 11-11-1975; Ord. 651, passed 12-20-2010) § 70.18 STANDARDS. The regulations of the City Manager or his or her designate shall be based upon: (A) Traffic engineering principles and traffic investigations; (B) Standards, limitations and rules promulgated by the State Transportation Commission (see § 70.01); and Winston -Traffic Code (C) Other recognized traffic-control standards. (1993 Code, Comp. No. 5-2) (Ord. 201, passed 11-11-1975; Ord. 651, passed 12-20-2010) § 70.19 AUTHORITY OF POLICE AND FIRE OFFICERS. (A) It shall be the duty of police officers to enforce the provisions of this Title VII. (B) In the event of a fire or other public emergency, officers of the Police and Fire Departments may direct traffic as conditions require, notwithstanding the provisions of this chapter. (1993 Code, Comp. No. 5-2) (Ord. 201, passed 11-11-1975) GENERAL REGULATIONS § 70.30 CROSSING PRIVATE PROPERTY. No operator of a vehicle shall proceed from one street to an intersecting street by crossing private property. This provision shall not apply to the operator of a vehicle who stops on the property for the purpose of procuring or providing goods or services. (1993 Code, Comp. No. 5-2) (Ord. 201, passed 11-11-1975) Penalty, see § 70.99 § 70.31 UNLAWFUL RIDING. No operator shall permit a passenger and no passenger shall ride on a vehicle upon a street except on a portion of the vehicle designed or intended for the use of passengers. This provision shall not apply to an employee engaged in the necessary discharge of a duty, or to a person riding within a truck body in space intended for merchandise. (1993 Code, Comp. No. 5-2) (Ord. 201, passed 11-11-1975) Penalty, see § 70.99 § 70.32 DAMAGING SIDEWALKS AND CURBS. (A) The operator of a motor vehicle shall not drive upon a sidewalk or roadside planting strip except to cross at a permanent or temporary driveway. (B) No unauthorized person shall place dirt, wood or other material in the gutter or space next to the curb of a street with the intention of using it as a driveway. (C) No person shall remove a portion of a curb or move a motor vehicle or device moved by a motor vehicle upon a curb or sidewalk without first obtaining authorization and posting bond if required. A person who causes damage shall be held responsible for the cost of repair. Traffic Control (D) No person shall ride or lead a horse or horses on city bike paths or allow horses to be on sidewalks or bike paths. (1993 Code, Comp. No. 5-2) (Ord. 201, passed 11-11-1975) Penalty, see § 70.99 § 70.33 REMOVING GLASS AND DEBRIS. A party to a vehicle accident or a person causing broken glass or other debris to be upon a street shall remove the glass and other debris from the street. (1993 Code, Comp. No. 5-2) (Ord. 201, passed 11-11-1975) § 70.34 DYNAMIC BRAKING DEVICES. (A) It shall be unlawful for any person knowingly to use, assist in using or permit the use of any unmuffled dynamic braking device on any motor vehicle, except to avoid imminent danger to person or property. A DYNAMIC BRAKING DEVICE is defined as a device used primarily on trucks and buses to convert a motor from an internal combustion engine to an air compressor for the purpose of vehicle braking without the use of wheel brakes. (B) This section shall take effect 30 days after its passage by the City Council and approval by the Mayor on October 14, 2003. (Ord. 592, passed 10-6-2003; Ord. 593, passed 12-1-2003) Penalty, see § 70.99 PROCESSIONS § 70.45 FUNERAL PROCESSION. (A) A funeral procession shall proceed to the place of interment by the most direct route which is both legal and practicable. (B) The procession shall be accompanied by adequate escort vehicles for traffic-control purposes. (C) All motor vehicles in the procession shall be operated with their lights turned on. (D) No person shall unreasonably interfere with a funeral procession. (E) No person shall operate a vehicle that is not a part of the procession between the vehicles of a funeral procession. (1993 Code, Comp. No. 5-2) (Ord. 201, passed 11-11-1975) Penalty, see § 70.99 Winston -Traffic Code TRUCK ROUTES § 70.60 DEFINITIONS. For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. HEAVY MOTOR TRUCKS. Motor trucks or combinations of motor trucks and trailers that have a total gross unloaded vehicle weight exceeding 20,000 pounds as posted thereon and have three or more axles. LOADED. Carrying commercial cargo. STREETS. Routes of travel within the city including streets, highways, public roads and public rights-of-way, paved or unpaved. TRUCK ROUTE. A way over certain streets within the city, as established by resolution of the City Council, over and along which loaded heavy motor trucks are allowed to operate. (1993 Code, Comp. No. 5-5) (Ord. 467, passed 8-5-1991) § 70.61 ESTABLISHMENT OF TRUCK ROUTES. Upon recommendation from the City Traffic Safety Commission, the City Council may from time to time by resolution establish or revise truck routes for loaded heavy motor trucks and may also designate by resolution allowable parking areas within the city for loaded heavy motor trucks. (1993 Code, Comp. No. 5-5) (Ord. 467, passed 8-5-1991) § 70.62 PROHIBITION. It shall be a violation of this subchapter for any person to move, operate or drive, or cause to be moved, operated or driven, any loaded heavy motor truck on any street except on an established truck route or a parking area designated under § 70.61. (1993 Code, Comp. No. 5-5) (Ord. 467, passed 8-5-1991) Penalty, see § 70.99 § 70.63 EXCLUSIONS. This subchapter shall not apply to: (A) Emergency vehicles or vehicles owned by public entities that are on official business or on an emergency call; Traffic Control (B) Any detoured, loaded heavy motor truck being operated on any officially established detour, provided it would not have been a violation of this subchapter for a loaded heavy motor truck to be operated on the street from which the detour was established; or (C) Any loaded heavy motor truck being operated on a street other than a truck route for the specific purpose of picking up or discharging goods at any business or residence located on the street. (1993 Code, Comp. No. 5-5) (Ord. 467, passed 8-5-1991) § 70.99 PENALTY. (A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99. (B) Violation of §§ 70.30 through 70.33 is punishable by fine not to exceed $100, or confinement in the city jail not to exceed ten days, or by both the fine and imprisonment. (1993 Code, Comp. No. 5-2) (C) Violation of any provision of § 70.34 is an infraction and is punishable by a fine of not less than $100 and not more than $250. The second and subsequent violation in any one-year period is punishable by a fine of not less than $250. (D) Violation of §§ 70.60 through 70.63 shall constitute an offense against the city. Each separate violation of §§ 70.60 through 70.63 shall be punishable by a fine of up to $250. (1993 Code, Comp. No. 5-5) (Ord. 201, passed 11-11-1975; Ord. 467, passed 8-5-1991; Ord. 592, passed 10-6-2003; Ord. 593, passed 12-1-2003) Winston -Traffic Code CHAPTER 71: PARKING Section Parking Regulations 71.01 Method of parking 71.02 Prohibiting parking or standing 71.03 Prohibited parking 71.04 Use of loading zone 71.05 Unattended vehicles 71.06 Standing or parking of buses and taxicabs 71.07 Restricted use of bus and taxicab stands 71.08 Lights on parked vehicle 71.09 Extension of parking time 71.10 Exemption Parking Citations and Owner Responsibility 71.25 Citation on illegally parked vehicle 71.26 Failure to comply with traffic citation attached to parked vehicle 71.27 Owner responsibility 71.28 Registered owner presumption Impoundment 71.40 Impoundment of vehicle 71.99 Penalty PARKING REGULATIONS § 71.01 METHOD OF PARKING. (A) Where parking space markings are placed on a street, no person shall stand or park a vehicle other than in the indicated direction and, unless the size or shape of the vehicle makes compliance impossible, within a single marked space. Where no parking space markings exist, all vehicles shall be parked parallel to and adjacent to the edge of the roadway and facing in the same direction as the flow 11 Winston -Traffic Code of traffic in the lane closest to the vehicle. All vehicles shall be parked as far as practicable from the flow of traffic so as not to create a traffic hazard. (B) The operator who first begins maneuvering his or her motor vehicle into a vacant parking space on a street shall have priority to park in that space, and no other vehicle operator shall attempt to deprive him or her of his or her priority or block his or her access. (C) Whenever the operator of a vehicle discovers that his or her vehicle is parked close to a building to which the Fire Department has been summoned, he or she shall immediately remove the vehicle from the area, unless otherwise directed by police or fire officers. (1993 Code, Comp. No. 5-2) (Ord. 201, passed 11-11-1975; Ord. 241, passed 4-3-1978) § 71.02 PROHIBITED PARKING OR STANDING. In addition to the state motor vehicle laws prohibiting parking, no person shall park or stand: (A) A vehicle in an alley other than for the expeditious loading or unloading of persons or materials, and in no case for a period in excess of 30 consecutive minutes; (B) A motor truck as defined by O.R.S. 801.355 on a street between the hours of 9:00 p.m. and 7:00 a.m. of the following day in front of or adjacent to a residence, motel, apartment house, hotel or other sleeping accommodation; (C) A vehicle on private property not his or her own without the express or implied consent of the person in charge of the private property. When any express or implied consent has been given, the posting, in a conspicuous place on the property by the person in charge of the property, of a printed or written notice stating the name of the person in charge and specifying the parking limitations, shall be prima facie evidence of the withdrawal of that consent under the terms of the limitations; (D) No person shall stop or park a motor vehicle, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic-control signal, in any of the following places: (1) Within an intersection; (2) On a crosswalk; (3) Between a safety zone and the adjacent curb, or within 30 feet of points on the curb immediately opposite the ends of a safety zone, unless a different length is indicated by signs or markings; Parking 13 (4) Within 25 feet from the intersection of curb lines or, if none, within 15 feet of the intersection of property lines at an intersection within a business or residential district, except at alleys; (5) Within 30 feet of an official flashing beacon, stop sign or traffic-control sign located at the side of the roadway; (6) Within 15 feet of the driveway entrance to a fire station; (7) Within ten feet of a fire hydrant; (8) In front of a private drive; (9) On a sidewalk; (10) Alongside or opposite a street or highway excavation or obstruction when the stopping, standing or parking would obstruct traffic; (11) At a place where official traffic signs have been erected prohibiting standing and/or parking; (12) On the roadway side of a vehicle stopped or parked at the edge or curb of a highway or street; (13) Within a 25-foot radius of the intersection of the centerline of a highway and a railway crossing; or (14) In a manner that causes the vehicle to occupy more than one designated parking stall in areas where stalls are indicated by marking on the street or curb. (E) If any portion of this chapter, as amended, is in conflict with the provisions of the State Vehicle Code, except as specifically authorized in that Code, that Code shall govern. If any portion of this chapter is for any reason held to be invalid, the decision shall not affect the validity of the remaining portions of this chapter. (1993 Code, Comp. No. 5-2) (Ord. 201, passed 11-11-1975; Ord. 263, passed 9-10-1979; Ord. 477, passed 7-20-1992) Penalty, see § 71.99 § 71.03 PROHIBITED PARKING. No operator shall park and no owner shall allow a vehicle to be parked upon a street for the principal purpose of: (A) Displaying the vehicle for sale; Winston -Traffic Code (B) Repairing or servicing the vehicle, except repairs necessitated by an emergency; (C) Displaying advertising from the vehicle; or (D) Selling merchandise from the vehicle, except when authorized. (1993 Code, Comp. No. 5-2) (Ord. 201, passed 11-11-1975) Penalty, see § 71.99 § 71.04 USE OF LOADING ZONE. No person shall stand or park a vehicle for any purpose or length of time, other than for the expeditious loading or unloading of persons or materials, in a place designated as a loading zone when the hours applicable to that loading zone are in effect. In no case, when the hours applicable to the loading zone are in effect, shall the stop for loading and unloading of materials exceed the time limits posted. If no time limits are posted, then the use of the zone shall not exceed 30 minutes. (1993 Code, Comp. No. 5-2) (Ord. 201, passed 11-11-1975) Penalty, see § 71.99 § 71.05 UNATTENDED VEHICLES. Whenever a police officer shall find a motor vehicle parked unattended with the ignition key in the vehicle, the police officer is authorized to remove the key from the vehicle and deliver the key to the person in charge of the police station. (1993 Code, Comp. No. 5-2) (Ord. 201, passed 11-11-1975) § 71.06 STANDING OR PARKING OF BUSES AND TAXICABS. The operator of a bus or taxicab shall not stand or park the vehicle upon a street in a business district at a place other than a bus stop or taxicab stand, respectively, except that this provision shall not prevent the operator of a taxicab from temporarily stopping his or her vehicle outside a traffic lane while loading or unloading passengers. (1993 Code, Comp. No. 5-2) (Ord. 201, passed 11-11-1975) Penalty, see § 71.99 § 71.07 RESTRICTED USE OF BUS AND TAXICAB STANDS. No person shall stand or park a vehicle other than a taxicab in a taxicab stand, or a bus in a bus stop, except that the operator of a passenger vehicle may temporarily stop for the purpose of and while actually engaged in loading or unloading passengers, when stopping does not interfere with a bus or taxicab waiting to enter or about to enter the restricted space. (1993 Code, Comp. No. 5-2) (Ord. 201, passed 11-11-1975) Penalty, see § 71.99 Parking 15 § 71.08 LIGHTS ON PARKED VEHICLE. No lights need be displayed upon a vehicle that is parked in accordance with this chapter upon a street where there is sufficient light to reveal a person or object at a distance of at least 500 feet from the vehicle. (1993 Code, Comp. No. 5-2) (Ord. 201, passed 11-11-1975) § 71.09 EXTENSION OF PARKING TIME. Where maximum parking time limits are designated by sign, movement of a vehicle within a block shall not extend the time limits for parking. (1993 Code, Comp. No. 5-2) (Ord. 201, passed 11-11-1975) § 71.10 EXEMPTION. The provisions of this chapter regulating the parking or standing of vehicles shall not apply to vehicles of the city, county or state or public utility while necessarily in use for construction or repair work on a street, or a vehicle owned by the United States while in use for the collection, transportation or delivery of mail. (1993 Code, Comp. No. 5-2) (Ord. 201, passed 11-11-1975) PARKING CITATIONS AND OWNER RESPONSIBILITY § 71.25 CITATION ON ILLEGALLY PARKED VEHICLE. Whenever a vehicle without an operator is found parked in violation of a restriction imposed by this chapter, the officer finding the vehicle shall take its license number and any other information displayed on the vehicle which may identify its owner, and shall conspicuously affix to the vehicle a traffic citation for the operator to answer to the charge against him or her or pay the penalty imposed within seven days during the hours and at a place specified in the citation. (1993 Code, Comp. No. 5-2) (Ord. 201, passed 11-11-1975) § 71.26 FAILURE TO COMPLY WITH TRAFFIC CITATION ATTACHED TO PARKED VEHICLE. If the operator does not respond to a traffic citation affixed to a vehicle within a period of seven days, the Court Clerk may send to the owner of the vehicle to which the traffic citation was affixed a Winston -Traffic Code letter informing him or her of the violation and warning him or her that, in the event that the letter is disregarded for a period of seven days, a warrant for his or her arrest will be issued. (1993 Code, Comp. No. 5-2) (Ord. 201, passed 11-11-1975) § 71.27 OWNER RESPONSIBILITY. The owner of a vehicle placed in violation of a parking restriction shall be responsible for the offense, except when the use of the vehicle was secured by the operator without the owner’s consent. (1993 Code, Comp. No. 5-2) (Ord. 201, passed 11-11-1975) Penalty, see § 71.99 § 71.28 REGISTERED OWNER PRESUMPTION. In a prosecution of a vehicle owner charging a violation of a restriction on parking, proof that the vehicle at the time of the violation was registered to the defendant shall constitute a presumption that he or she was then the owner in fact. (1993 Code, Comp. No. 5-2) (Ord. 201, passed 11-11-1975) IMPOUNDMENT § 71.40 IMPOUNDMENT OF VEHICLE. (A) Whenever a vehicle is placed in a manner or location that constitutes an obstruction to traffic or a hazard to public safety, a police officer shall order the owner or operator of the vehicle to remove it. If the vehicle is unattended, the officer may cause the vehicle to be towed and stored at the owner’s expense. The owner shall be liable for the costs of towing and storing, notwithstanding that the vehicle was parked by another or that the vehicle was initially parked in a safe manner, but became an obstruction or hazard. (B) The disposition of a vehicle towed and stored under authority of this section shall be in accordance with the provisions of the ordinance of the city relating to impoundment and disposition of vehicles abandoned on the city streets. (C) The impoundment of a vehicle will not preclude the issuance of a citation for violation of a provision of this chapter. (D) Stolen vehicles may be towed from public or private property and stored at the expense of the vehicle owner. (E) Whenever a police officer observes a vehicle parked in violation of a provision of this chapter, if the vehicle has four or more unpaid parking violations outstanding against it, the officer may, in Parking 17 addition to issuing a citation, cause the vehicle to be impounded. A vehicle as impounded shall not be released until all outstanding fines and charges have been paid. Vehicles impounded under authority of this division (E) shall be disposed of in the same manner as is provided in division (B) of this section. (1993 Code, Comp. No. 5-2) (Ord. 201, passed 11-11-1975) Penalty, see § 71.99 Cross-reference: Impoundment of a vehicle, see § 90.039 § 71.99 PENALTY. (A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99. (B) Violation of §§ 71.01 through 71.10 is punishable by fine not to exceed $50. (1993 Code, Comp. No. 5-2) (Ord. 201, passed 11-11-1975) Winston -Traffic Code CHAPTER 72: RECREATIONAL VEHICLES Section Bicycles 72.01 Bicycle operating rules 72.02 Impounding of bicycles Skateboards 72.15 Definitions 72.16 Prohibited riding areas 72.17 Duty to yield 72.18 Duty to obey traffic-control devices 72.19 Prohibited riding times 72.20 Careless riding 72.21 Seizure of skateboards 72.22 Procedure 72.99 Penalty BICYCLES § 72.01 BICYCLE OPERATING RULES. In addition to observing all other applicable provisions of this chapter and state law, a rider of a bicycle shall not leave a bicycle, except in a bicycle rack. If no rack is provided, he or she shall leave the bicycle so as not to obstruct any roadway, sidewalk, driveway or building entrance. Nor shall he or she leave the bicycle in violation of the provisions relating to the parking of motor vehicles. (1993 Code, Comp. No. 5-2) (Ord. 201, passed 11-11-1975) Penalty, see § 72.99 § 72.02 IMPOUNDING OF BICYCLES. (A) No person shall leave a bicycle on public or private property without the consent of the person in charge or the owner thereof. 19 Winston -Traffic Code (B) A bicycle left on public property for a period in excess of 24 hours may be impounded by the Police Department. (C) In addition to any citation issued, a bicycle parked in violation of this chapter may be immediately impounded by the Police Department. (D) If a bicycle impounded under this chapter is licensed, or other means of determining its ownership exists, the police shall make reasonable efforts to notify the owner. No impounding fee shall be charged to the owner of a stolen bicycle which has been impounded. (E) A bicycle impounded under this chapter which remains unclaimed shall be disposed of in accordance with the city’s procedures for disposal of abandoned or lost personal property. (F) Except as provided in division (D) above, a fee of $5 shall be charged to the owner of a bicycle impounded under this section. (1993 Code, Comp. No. 5-2) (Ord. 201, passed 11-11-1975) Penalty, see § 72.99 SKATEBOARDS § 72.15 DEFINITIONS. For the purpose of this subchapter, the following definition shall apply unless the context clearly indicates or requires a different meaning. SKATEBOARD. A board of any material, natural or synthetic, with wheels affixed to the underside, designed to be ridden by a person. (1993 Code, Comp. No. 5-3) (Ord. 396, passed 5-4-1987) § 72.16 PROHIBITED RIDING AREAS. The City Council may from time to time establish areas where use of skateboards is prohibited including sidewalks in that area. This action shall be taken by motion which designates the area and directs posting of signs in the area notifying of the prohibition. The prohibition shall be complete upon the posting of the notices. (1993 Code, Comp. No. 5-3) (Ord. 396, passed 5-4-1987) Penalty, see § 72.99 Recreational Vehicles § 72.17 DUTY TO YIELD. A person riding a skateboard shall yield the right-of-way to pedestrians and shall yield the right-of-way to motor vehicles when approaching or crossing a driveway. (1993 Code, Comp. No. 5-3) (Ord. 396, passed 5-4-1987) § 72.18 DUTY TO OBEY TRAFFIC-CONTROL DEVICES. A person riding a skateboard upon a public street shall obey all traffic-control devices. (1993 Code, Comp. No. 5-3) (Ord. 396, passed 5-4-1987) § 72.19 PROHIBITED RIDING TIMES. No person shall ride a skateboard upon any street or sidewalk at any time from sunset to sunrise or at any time when, due to insufficient light or inclement weather conditions, persons or vehicles are not clearly discernible at a distance of 1,000 feet. (1993 Code, Comp. No. 5-3) (Ord. 396, passed 5-4-1987) Penalty, see § 72.99 § 72.20 CARELESS RIDING. No person shall ride a skateboard upon a roadway or sidewalk or premises open to the public in a manner that endangers or would be likely to endanger any person or property. (1993 Code, Comp. No. 5-3) (Ord. 396, passed 5-4-1987) Penalty, see § 72.99 § 72.21 SEIZURE OF SKATEBOARDS. At the time that a citation is issued to a skateboard rider who is in violation of this subchapter, the police may seize the skateboard upon which the violator was riding. (A) A skateboard may be recovered from the City Police Department between the hours of 8:00 a.m. and 4:00 p.m. by an adult rider 24 hours after being seized. (B) A skateboard may be recovered from the City Police Department between the hours of 8:00 a.m. and 4:00 p.m. by a juvenile offender 24 hours after being seized. A board shall only be released to a juvenile offender when accompanied by a parent or guardian. (1993 Code, Comp. No. 5-3) (Ord. 396, passed 5-4-1987) Winston -Traffic Code § 72.22 PROCEDURE. (A) A citation to appear in the Municipal Court for violation of this subchapter shall be issued to the alleged violator stating the date, time and place to appear and the date and place of the alleged offense. At the request of the offender, a trial shall be conducted before the Judge. (B) All juvenile violators shall be cited to Juvenile Court. (1993 Code, Comp. No. 5-3) (Ord. 396, passed 5-4-1987) § 72.99 PENALTY. (A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99. (B) Violation of §§ 72.01 and 72.02 is punishable by fine not to exceed $50. (1993 Code, Comp. No. 5-2) (C) The penalty for violation of any provisions of §§ 72.15 through 72.22 shall be a fine not less than $5 and not more than $100. (1993 Code, Comp. No. 5-3) (Ord. 201, passed 11-11-1975; Ord. 396, passed 5-4-1987)