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is hereby amended to read as follows: <br /> Negligent operation of skateboard or similar device. <br /> A. It is unlawful for any person to operate or ride roller skates, in-line skates, a <br /> skateboard, coaster, toy vehicle or any device similar to the foregoing in a negligent <br /> manner upon any publicly owned property or way open to the public in the city. For <br /> purposes of this section, "to ride in a negligent manner" means the riding or propelling of <br /> the skateboard or similar device in such a manner as to endanger or be likely to endanger <br /> any person or property; provided, however, that any person operating or riding the <br /> skateboard or similar device on private property with the consent of the owner in a <br /> manner consistent with the owner's consent shall not be guilty of this offense. <br /> B. Negligent operation of skateboard or similar device is a traffic misdemeanor, <br /> punishable by a fine of not less than two hundred dollars nor more than one thousand <br /> dollars, and by imprisonment in jail not to exceed ninety days. Two hundred dollars of <br /> the fine shall not be suspended or deferred, but the court may authorize community <br /> service in lieu of all or part of the fine. <br /> C. Upon conviction of a violation of this section, the court may order forfeiture of a <br /> skateboard or other device which was ridden in violation of this section, unless it is <br /> proven to the court by a preponderance of the evidence that the defendant is not the <br /> owner of the skateboard or other device and the owner did not or could not have <br /> reasonably known that the skateboard or other device would be ridden violation of this <br /> section. <br /> Section 4: Section 5 of Ordinance No. 1934-93, (EMC 46.72.030), which reads as <br /> follows: <br /> Seizure of skateboard. <br /> Whenever a law enforcement officer has probable cause to believe a skateboard was used <br /> or is being used in violation of this chapter, such skateboard may be seized as evidence <br /> and held until the disposition of the charge. An observation by a law enforcement officer <br /> that a skateboard is in motion upon the ground or pavement in the Central Business <br /> District, whether or not such skateboard is accompanied by a person, shall be sufficient to <br /> establish probable cause of a violation of Section 2 of this ordinance. <br /> is hereby amended to read as follows: <br /> Seizure of skateboard or similar device. <br /> Whenever a law enforcement officer has probable cause to believe a skateboard or <br /> similar device was used or is being used in violation of this chapter, such skateboard or <br /> similar device may be seized as evidence and held until the disposition of the charge. An <br /> observation by a law enforcement officer that a skateboard or similar device is in motion <br /> upon the ground or pavement in the Central Business District, whether or not such <br /> 3 <br />