A Fredericton man who refused to pay a fine for skateboarding on city streets has been taken into custody and will be sent to jail.

Lee Breen, 25, was fined in the summer of 2007 after receiving several warnings.

After not paying the initial $50 fine, it was increased to $100. A judge then ordered him in April to pay the fine or be sent to jail for five days.

Breen opted not to pay the fine to Fredericton bylaw S-9, which is to "prevent nuisances" and prohibits people from using a sled, toboggan, wagon or skateboard on city streets.

Breen turned himself in at the Fredericton provincial courthouse on Wednesday, where a judge signed a warrant for his arrest, and he was taken into custody by deputies. He is expected to be transported to the Saint John Regional Correctional Centre on Wednesday afternoon. It is not yet clear if he will have to serve the full five days.

About 80 people rallied outside the courthouse while Breen was taken into custody. Police had earlier provided an escort while the protesters skateboarded and walked around a city block to show their support for Breen.

Safety cited for ban

Skateboarding on streets is a safety issue, said Wayne Knorr, spokesman for the City of Fredericton.

"When you put individuals like that into traffic, you create safety problems, and when you are backing up traffic and preventing them from making their turns, then you are creating a nuisance along the street," Knorr said.

But Breen said he takes precautions while skateboarding by wearing a helmet, avoiding sidewalks and making hand signals.

When the proper precautions are taken, riding a skateboard is no more dangerous than riding a bike in the city, which is allowed, Breen said.

Riding a skateboard is also an environmentally friendly way to commute, he said, adding he strives to maintain a green lifestyle.

Breen operates a zero-emission lawn-care service that uses a reel lawnmower, hand clippers and organic compost.

Fredericton is trying to maintain a greener lifestyle in its Green Matters campaign. Part of the effort includes encouraging people to find greener ways to commute.

"I'm trying to point out that the City of Fredericton is contradicting itself," Breen said. It would cut down on emissions if more people travelled by skateboard, he said, adding the city should scrap its bylaw.

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