§ 90-1. Definitions.

For the purpose of this chapter, the following terms shall have the meanings designated, unless otherwise specified in this chapter:

CONTROLLED PARKING AREA — A land surface or building structure owned, leased or rented by the Town of Berlin, designated for public parking.

PLAY VEHICLE — A one-, two-, three- or more wheeled vehicle propelled exclusively by human power and not defined as a "bicycle" in § 11-104 of the Transportation Article of the Maryland Annotated Code, and shall include, without limitation, skateboards and soapbox or similar human-powered vehicles. Unless otherwise specified herein, "play vehicles" shall not include roller skates, in-line skates, tricycles or other three-or-more-wheeled toys commonly used by small children under the supervision of an older responsible person, nor shall it include any special vehicles, motorized or otherwise, used by the handicapped, subject to the provisions of § 21-1103(c) of the Transportation Article of the Maryland Annotated Code.

PUBLIC WAY — All streets, roads, highways, public thoroughfares, lanes and alleys which are at present or may be in the future within the Town of Berlin.

SIDEWALK — That portion of a street right-of-way or a path abutting or parallel to a street right-of-way which is paved with concrete or similar material and intended specifically for pedestrian traffic.

§ 90-2. Restricted locations.

It shall be unlawful for any person to operate a play vehicle as defined by this chapter on United States Route 113, Maryland Route 346 (Ocean City Boulevard), Maryland Route 818 (Main Street), Maryland Route 376 (Bay Street), Maryland Route 374 (Broad Street) and William Street and on any controlled parking area, public way or other public property of any nature whatsoever in the downtown B-1 Zone.

§ 90-3. Permitted areas of operation.

1. It shall be lawful for any person to operate a play vehicle on sidewalks adjacent to the operator’s own residence.
2. It shall be lawful for any person to operate a play vehicle on facilities provided by the Town of Berlin for the operation of play vehicles.
3. It shall be lawful for any person to operate a play vehicle for specific events in any public area designated for that purpose at a time and location approved or sanctioned by the Mayor and Council.

§ 90-4. Restricted acts.

1. It shall be unlawful for any person to operate a play vehicle on any sidewalk within the Town of Berlin when such action in any way impedes the free movement of pedestrians thereon, interrupts the peace and tranquility of another or endangers the safety of the operator or another.
2. It shall be unlawful for any person to operate a play vehicle on any public way within the Town of Berlin when such action in any way impedes traffic thereon or endangers the safety of the operator or another.

§ 90-5. Enforcement; violations and penalties.

1. In the event that any law enforcement officer having jurisdiction within the Town of Berlin corporate limits observes any child operating a play vehicle in violation of this chapter or § 21-1103 of the Transportation Article, the officer may confiscate the play vehicle operated by said child and shall return the play vehicle only to the parent or legal guardian of said child. The officer shall be authorized to confiscate the play vehicle under the provisions of this chapter whether or not he or she issues a citation for a violation of this chapter or § 21-1103.
2. In the event that any law enforcement officer having jurisdiction within the Town of Berlin corporate limits observes any adult operating a play vehicle in violation of this chapter or § 21-1103 of the Transportation Article, the officer may confiscate the play vehicle operated by said adult and shall return the play vehicle after a period of not less than 24 hours, and only upon the personal appearance of the violator at the Berlin Police Department Office or Police Department Substation to request such return. The officer shall be authorized to confiscate the play vehicle under the provisions of this chapter whether or not he or she issues a citation for a violation of this chapter or § 21-1103 of the Transportation Article.

§ 90-6. Repealer.

Ordinance No. 1995-9 is hereby repealed.