Penalty for Skateboard Offenses to Be Reviewed : Law: In the wake of controversial arrests last month, the Laguna Niguel City Council tonight will consider downgrading violations from misdemeanors to infractions.

Almost one month after two teen-agers were arrested and handcuffed by a sheriff’s deputy for allegedly riding their skateboards in the street, the City Council tonight will consider reducing the penalty for skateboard offenses.

Sheriff’s Lt. Joe Davis, head of the city’s police services, is recommending that the penalty be scaled down from a misdemeanor to a less serious infraction. Instead of facing arrest and a possible court date, violators would be fined $25 for a first offense and $50 for subsequent violations.

Mayor Patricia C. Bates called for a review of the city’s law after two 15-year-old boys were arrested on Oct. 24 for allegedly skateboarding along busy Niguel Road near Marina Hills Drive during rush hour. The boys were handcuffed and taken to the Laguna Niguel sheriff’s substation, where they were booked and photographed before being released to their parents.

Council members contacted Monday said that they were inclined to pass a downgraded ordinance.

“My feeling is skateboarding is not a crime,” Councilman Paul M. Christiansen said. “Therefore, citing it as a public infraction would most likely be the proper avenue to take.”

Councilman Larry A. Porter agreed that “a misdemeanor is too severe” a penalty and predicted that other council members would vote to support the lesser penalty.

“I believe the consensus of the council is going to support the staff recommendation,” he said.

When Laguna Niguel incorporated, it adopted a county law that makes it a misdemeanor to skateboard in the street. In June, the council passed a separate law banning “acrobatic or hazardous” skateboarding, bicycle riding or roller-skating in commercial centers when requested by a business owner.

At one point, it was proposed that violators of that law be charged with a misdemeanor. But the law was downgraded to change the violation to an infraction after lobbying by skateboarders.

If the council approves Davis’ recommendation at tonight’s meeting, the penalty for violating either skateboarding ordinance will be the same. Last month’s arrests were the first in the city under the law banning skateboarding in the street, Davis said.

The arrests caused an outcry from supporters of skateboarders, and the father of one of the boys expressed outrage that his son “will now go through the rest of his life with a criminal record.”

On Monday, that boy’s mother said she is relieved that the city is considering changing the law and will attend the council meeting to express her support for the proposed change.

“I think it’s great,” she said.

The parents filed a complaint against the arresting officer shortly after the incident. Lt. Richard J. Olson, a Sheriff’s Department spokesman, said Monday that Davis will review the arrest. Davis would not comment further on the investigation, but a spokesman for the Orange County Deputy Sheriff’s Assn. defended the arresting officer’s actions.

“I think the deputy involved in this got a bum rap,” Robert MacLeod said, adding that the boys could have been killed had they fallen off their skateboards and into the path of an oncoming car.