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