Chapter 12.34
DESIGNATION AND USAGE OF SKATE PARKS AND THE OPERATION OF SKATEBOARDS, IN-LINE SKATES AND ROLLER SKATES
Sections:
12.34.030 Administration and Enforcement.
12.34.040 Skate Park Established.
12.34.050 Required Riding Equipment in Skate Park Facility.
12.34.070 Skateboarding, Roller Skating and In-Line Skating is a Hazardous Activity.
12.34.080 No Application to Private Skate Facilities.
12.34.090 Use and Operation of Skateboards, In-Line Skates and Roller Skates Outside of Skate Park.
12.34.010 Purpose.
The purpose of this chapter is to designate a Skate Park Facility and to establish rules related to its use, as well as to regulate the operation of skateboards, in-line skates and common roller skates on all streets, alleys, sidewalks and rights-of-way in the city of Kerman, whether public or private, and all other property owned by the city or by a private owner when the owner or occupant of such property has requested the application of this chapter. (Ord. 01-05 § 1 (part), 2001)
12.34.020 Definitions.
The following definitions shall be applicable to this chapter:
"Bicycle" means any device upon which an individual may ride that is propelled by human power by means of a system of belts, chains, cranks, levers or gears, and which has wheels of at least 20-inches in diameter."In-line skate" means a roller skate with a single row of wheels in a straight line.
"Motorcycle" means any motor vehicle having a seat or saddle for the use of the rider, designed to travel with not more than three wheels in contact with the ground, and weighing less than 1,500 pounds.
"Motorized bicycle" or "moped" means any two-wheeled or three-wheeled device with a motor, engine or other source of propulsion other than human or animal power, which source of propulsion produces less than two gross brake horse power and is capable of propelling the device at a maximum speed of not more than thirty miles per hour on level ground. "Motorized scooter" means any two-wheeled device that has handlebars is designed to be stood or sat upon by the operator, and is powered by an electric motor, internal combustion engine or other source of propulsion that is capable of propelling the device with or without human propulsion. "Motorized skateboard" means any vehicle, device or contrivance, with any number of wheels, with a riding surface of any design, upon which a person may place one or more feet and which is designed to be, or can be, propelled by motorized power, and which is not defined as a bicycle by the California Vehicle Code. "Motorized vehicle" means any vehicle that is propelled by motorized power, whether electrical, internal combustion engine or similar device. "Roller skate" means a shoe, boot or an apparatus worn on a shoe or boot, with wheels attached to such shoe, boot or apparatus. "Skateboard" means a deck, plank or board, with wheels or trucks attached thereto, that is foot propelled and without a steering apparatus. (Ord. 01-05 §1 (part), 2001)
12.34.030 Administration and enforcement.
The community services director of the city of Kerman shall administer this chapter. The director shall adopt guidelines and regulations substantially similar to those set forth in Exhibit "A" incorporated by this reference, and may adopt additional or modified regulations when the community services director has determined that those additions or modifications will protect or enhance the public health, safety and welfare. The director of community services is authorized to make exceptions to the provisions of the guidelines and regulations for the purposes of organized activities or special events, in accordance with guidelines adopted for such purposes. The community services director shall cause appropriate signs or other forms of notice to be posted and maintained identifying the governing regulations and guidelines, except those related to special events or organized activities sponsored or authorized by the city.
The community services director shall timely prepare and submit the reports of injuries, claims or lawsuits arising in connection with the skate park as required by Health and Safety Code Section 115800 or successor laws or regulations.
Any law enforcement officer is authorized to enforce the-regulations and guidelines adopted by the community services director, the provisions of this chapter and any other applicable provision of this code. Any violation of a provision of this chapter shall be an infraction punishable by fines or other remedies in the manner established in Section 12.32.060 of this code. (Ord. 01-05 § 1 (part), 2001)
12.34.040 Skate park established.
The city of Kerman hereby establishes a skate park facility to be designated and maintained at that area located on the north side of Kerckhoff Park, formerly designated as the pool area ("G" Street between Madera Avenue and Third Street), for the purpose of riding skateboards, in-line skates and roller skates. (Ord. 01-05 § 1 (part), 2001)
12.34.050 Required riding equipment in skate park facility.
It is unlawful for a person to ride or use a skateboard, roller skates or in-line skates (as such terms are defined in this chapter) in the skate park unless that person is wearing a helmet, elbow pads and knee pads. The community services director shall install and maintain signs at the facility affording reasonable notice that any person riding a skateboard, in-line or roller skates in the facility must wear a helmet, elbow pads and knee pads, and that any person failing to do so will be subject to citation pursuant to this Chapter 12.34. (Ord. 01-05 § 1 (part), 2001)
12.34.060 Bicycle, motorcycle, motorized vehicle, motorized skateboard or scooter use prohibited in skate park.
The skate park is for use only by riders of skateboards, in-line skates and roller skates. It is unlawful for a person to enter onto or ride on the skate park with a bicycle, motorized bicycle, motorcycle, motorized vehicle, motorized scooter, nonmotorized scooter, motorized skate board, or any other device than a skateboard, in-line skates or roller skates. A sign shall be posted warning that anyone riding or bringing any unauthorized device or contrivance onto the park is in violation of the ordinance codified in this chapter and is subject to citation. (Ord. 01-05 § 1 (part), 2001)
12.34.070 Skateboarding, roller skating and in-line skating is a hazardous recreational activity.
Skateboarding, roller skating, and in-line skating at the skate park or at other locations within the city is a hazardous recreational activity for participants and the city of Kerman will assert all defenses available at law or equity in connection with any injuries or property damage incurred in connection with such hazardous recreational activity. (Ord. 01-05 § 1 (part), 2001)
12.34.080 No application to private skate facilities.
This chapter shall not have any application to any privately-owned facility constructed and engineered for skateboarding, common roller skating or in-line skating. (Ord. 01-05 § 1 (part), 2001)
12.34.090 Use and operation of skateboards, in-line skates and roller skates outside of skate park.
A. Except as otherwise provided in this section, no person shall use or operate a skateboard, common roller skates or in-line skates on a public or private street or alley in the city if there is a sidewalk adjacent and parallel to the street or alley. If no such sidewalk is present, skateboards, common roller skates or in-line skates may be used or operated on a street or alley as far to the right-hand side of the roadway as is practicable, in the same direction as traffic.
B. No person shall use or operate a skateboard, common roller skates or in-line skates or any public or private street, alley, sidewalk or right-of-way, or on any property owned or controlled by the city in a manner that endangers the safety of any other person or property. No person using or operating a skateboard, common roller skates or in-line skates on a public or private street, alley, sidewalk or right-of-way, or any other property owned or controlled by the city, shall pass a pedestrian at a distance closer than three feet. If such street, alley, sidewalk or right-of-way is not sufficiently wide to allow the skateboarder, common roller skater or in-line skater to pass the pedestrian while maintaining a three-foot distance, the skateboarder, common roller skater or in-line skater shall cease to operate the skateboard, common roller skates or in-line skates and walk past the pedestrian until such time as the skateboarder, common roller skater or in-line skater can maintain a three-foot distance.
C. No person shall use or operate a skateboard, common roller skates or in-line skates within twenty (20) feet of the entrance to any shop, store or commercial building while such shop, store or commercial building is open for business.
D. The use of ramps, jumps or any, other device used to force the skateboard, common roller skates or in-line skates off the pavement shall be prohibited on any public street, alley sidewalk or right-of-way, public property, or property owned or controlled by the city, and on any private property unless written permission for such use has been given by the owner or lawful occupant of such property.
E. No person shall be towed on a skateboard, common roller skates or in-line skates by the use of any mechanical or motorized device.
F. The use or operation of skateboards, common roller skates or in-line skates shall be unlawful upon any public or private property or property owned or controlled by the city when such property has been posted pursuant to this section. The city and any owner or lawful occupant of private property may post and maintain signs, at its or their own expense, prohibiting the use or operation of skateboards, common roller skates and in-line skates in or on its or their property, which signs shall contain the following or substantially similar language:
"The use of Skateboards, Roller Skates or In-Line Skates is Prohibited on This Property pursuant to City of Kerman Municipal Code Section 12.34.090. Violation is punishable as an infraction."
The Kerman Police Department is authorized to enter upon any city, public or private property so posted to enforce the provisions of this section. Violations of this section shall be an infraction punishable in the manner specified in Section 12.32.060 of this code. (Ord. 01-05 § 1 (part), 2001)
EXHIBIT "A"
Skate Park Rules
• All users are required to wear helmets, kneepads and elbow pads. Any person failing to wear the required equipment will be subject to citation pursuant to Section 12.34.030 of the Kerman Municipal Ordinance.
• Skateboards, in-line skates and roller skates only--No bicycles, foot traffic or other devices or vehicles permitted.
• Skate Park Hours are 8:00 a.m. to 10:00 p.m. or as otherwise posted.
• Please keep noise to a minimum. Protect your skate park from graffiti and abuse, call 911 to report a crime in progress.
• Keep food or drink off skating surface. No glass is permitted in or around the skating area.
• Additional obstacles or other materials (ramps/jumps) may not be used at the skate park.
• Do not use facility if hazardous condition exists. Report any damage/hazardous conditions to the Kerman Recreation and Community Services Department or call 846-9383.
• All organized events shall have written approval from the director of recreation and community services.
• Users under the age of 14 must be accompanied by parents.
WARNING
Skateboarding and skating are hazardous recreational activities. Use of this facility may result in death, paralysis, brain damage, concussion, broken bones or other serious injury. Use this skate park at your own risk only.