6.74.030 Penalty for violation of Section 6.70.020 – Seizure of device and forfeiture.
(a) Police officers may seize the device a person is using whether it be a skateboard, longboard, roller-skates, foot scooter, electric motorized foot scooter, gas powered motorized scooter, or a motorized scooter when that person is found to be in violation of this chapter three or more times and shall hold it until such time as set forth herein or until such time that it is forfeited as set forth herein.
(b) A person found to be in violation of Section 6.70.020 shall be deemed to have committed an infraction and shall be issued a civil infraction citation. The infraction citation shall be filed with the Selah municipal court. The civil monetary fine shall be thirty dollars for a first offense, one hundred fifty dollars for a second offense, and two hundred fifty for a third offense. For persons under the age of sixteen years of age, the parent(s) or legal guardian(s) of the person shall be responsible for payment of the fine. A person seeking to contest the civil infraction citation must do so in the manner provided on the citation.
(c) Where a device is seized, the person cited may also request that a hearing be set concerning forfeiture of the device. The request for a hearing on seizure and forfeiture must be made in writing to the police department within forty-five days from the date on which the device was seized.
(d) In the event that the cited person does not seek a hearing to contest the seizure and forfeiture of a device, any seized device shall be deemed forfeited and the police department is authorized to dispose of the device as provided by law.
(e) A police officer seizing a device under this chapter shall provide the person cited with a notice of forfeiture. The notice shall indicate that the device will be forfeited unless the person cited seeks a hearing to contest the forfeiture as provided under subsection (c) of this section.
(f) If a person requests a hearing to contest the seizure and forfeiture of a device, that person shall be afforded a reasonable opportunity to be heard. The hearing shall be set before the chief of police or his or her designee. All seized devices shall be forfeited unless the person requesting a hearing demonstrates to the chief of police's satisfaction that the device should not be forfeited. Factors the chief of police shall consider in determining whether the device should be forfeited include, but are not limited to, the following:
(1) Whether the cited person's use of the device caused damage to public property.
(2) Whether the cited person has previously been cited under the provisions of this chapter for a violation.
(3) Whether the cited person created a situation that endangered the safety and welfare of the public or whether the cited person created a situation that resulted in an annoyance to the general public.
(g) No device may be forfeited under this chapter where it is demonstrated that the device was operated in violation of the chapter without the device owner's knowledge or consent. (Ord. 1921, § 1, 2013.)