Chapter 12.25
SKATE PARK FACILITY RULES AND REGULATION*

Sections:

12.25.010    Definitions.

12.25.020    Hours.

12.25.030    Vehicles prohibited.

12.25.040    Vehicles allowed.

12.25.050    Administrative citations, fines, parent/guardian responsibility, administrative hearing.

12.25.060    Skate park rules.

12.25.070    Unsupervised skating venue—Assumption of Risk.

12.25.080    Remote camera(s).

12.25.090    Permits.

12.25.100    Record of skate park injuries.

12.25.110    Inconsistency.

12.25.120    Severability.

*    Editor’s Note: Ord. No. 2008-01, § 1(Exh. A), adopted April 1, 2008, repealed the former ch. 12.25 and enacted a new chapter as set out herein. The former ch. 12.25, §§ 12.25.010—12.25.070, pertained to similar subject matter and derived from Ord. No. 2004-07, § 1(part), 2004.

12.25.010 Definitions.

For the purpose of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

“Bicycle/BMX bike” means a vehicle with two wheels in tandem, propelled by pedals and having handlebars for steering and a saddle-like seat.

“Director” means the city’s director of recreation and cultural services or any of his or her designees.

“In-line skates/roller blades” means a form of skate with nonmetallic skate wheels mounted to the bottom of each boot or shoe, one in front of the other running down the center of the boot or shoe.

“Other wheeled recreational device” means scooters, in-line skates, and roller skates.

“Roller skates” means a form of skate with four nonmetallic wheels affixed to the bottom of each boot or shoe with a wheel situated at the outer four corners of each boot or shoe.

“Scooter” means a vehicle that typically has one front and one rear wheel with a low footboard between, is steered by a handlebar, and is propelled by pushing one foot against the ground while resting the other on the footboard.

“Skate park” and “park” mean the cement surface that is designed and used for skating and enclosed by a high fence. The park area includes the bowl.

“Skate park facility” and “facility” mean the skate park together with the adjacent public parking, picnic and seating areas. It includes all of the facilities from the Teen Center to the curb, including the park.

“Skate park user” means a user of any wheeled recreational device allowed by Section 12.25.040.

“Skateboard” means a wheeled device for riding upon with an oblong rigid material mounted on nonmetallic skate wheels and propelled by human power.

“Tricycle” means a vehicle with three wheels in tandem, propelled by pedals and having handlebars for steering and a saddle-like seat.

“Unicycle” means a one-wheeled vehicle, usually pedal driven. (Ord. 2015-06 § 1, 2015)

12.25.020 Hours.

It is unlawful for any person to use or be present upon the skate park facility between one hour after sunset and nine a.m. (current local time); provided, however, that this section shall not apply to any person who has obtained the prior authorization or permit from the director. Signs shall be posted about the Skate Park Facility indicating the hours of operation. (Ord. No. 2008-01, § 1(Exh. A), 4-1-2008)

12.25.030 Vehicles prohibited.

It is unlawful for any person to use any bicycle/BMX bike, tricycle, unicycle, motorized bicycle/BMX bike, motorized unicycle, motorized tricycle, motorized skateboard, motorized scooter, wheelchair, motorized wheelchair or any vehicle not listed in Section 12.25.040 within the confines of the skate park. (Ord. 2015-06 § 2, 2015)

12.25.040 Vehicles allowed.

All vehicles classified as skateboards, scooters, roller blades/in-line skates and skates that are propelled by human power and meet the definitions as prescribed in Section 12.25.010 are allowable for usage in the skate park. (Ord. 2015-06 § 3, 2015)

12.25.050 Administrative citations, fines, parent/guardian responsibility and administrative hearing.

A.    The director shall have authority to issue administrative citations and administrative fines in accordance with applicable provisions of Chapter 1.12 of the Marina Municipal Code and this section.

B.    Notwithstanding any contrary provisions of Chapter 1.12, any person violating Section 12.25.060 (subsections 1 through 24) is subject to an administrative fine of fifty dollars for the first violation, one hundred dollars for the second violation, and two hundred dollars for the third and all subsequent violations. In addition to an administrative fine of two hundred dollars for a third or subsequent violation the director may permanently bar the violator from using any or all of the skate park facility.

C.    The parent or legal guardian having control or custody of an un-emancipated minor whose conduct violates this chapter shall be jointly and severally liable with the minor for the amount of any administrative fine imposed pursuant to this section.

D.    Administrative citations and fines issued under this section shall be subject to the administrative hearing provisions of Chapter 1.12. (Ord. 2015-06 § 4, 2015; Ord. No. 2008-01, § 1(Exh. A), 4-1-2008)

12.25.060 Skate park facility rules.

It is unlawful for any person within the skate park facility to be in violation of the following rules of conduct and such persons shall be subject to administrative citation and administrative fine or criminal prosecution of the responsible party, as an infraction or as a misdemeanor at the city attorney’s discretion, pursuant to the Marina Municipal Code or the California Penal Code, including expulsion from the skate park facility:

1.    Skate park users under twelve years of age shall be accompanied by a responsible adult at least eighteen years of age.

2.    All skate park users shall wear a helmet, knee pads and elbow pads at all times when skating. All safety equipment shall be in good condition and repair and must fit the skater properly. Helmets, knee pads and elbow pads shall meet the standards of either the American Society for Testing and Materials (ASTM) or the United States Consumer Product Safety Commission (CPSC) or standards established by these entities subsequent to the adoption of this section. Failure to wear or the use of nonfitting, improperly worn, worn out or unsafe equipment can disqualify the person from skating.

3.    All skateboards, scooters, in-line skates/roller blades and roller skates must be in good working order and safe for operation. Use of unsafe equipment can disqualify the person from skating.

4.    No person shall be on or use an individual apparatus within the skate park while another person is using it.

5.    No person shall use the skate park when the surfaces of the skate park are wet or other conditions exist which would adversely affect the safety of skateboarders or skaters.

6.    Graffiti, tagging, damage, vandalizing and defacing city property or the property of others is prohibited. Such activity may result in the skate park facility or the skate park’s closure, expulsion from the facility or the park.

7.    Debris, waste and trash shall be disposed of only in appropriate receptacles provided by the city.

8.    Use of amplified music is prohibited unless by permit issued by the director.

9.    Use of profanity, gestures or verbiage or boisterous behavior that could elicit a violent response, or that could endanger the safety of persons using the skate park facility, is prohibited.

10.    No person shall have a dangerous weapon in his or her possession. Dangerous weapons include, but are not limited to, guns, knives, bats, clubs or martial arts weapons.

11.    Any bicycle/BMX bicycle, tricycle, unicycle, wheelchair, motorized bicycle/BMX bike, motorized tricycle, motorized unicycle, motorized skateboard, motorized scooter, motorized wheelchair or any other motorized or nonmotorized vehicle not expressly permitted by Section 12.25.040 is prohibited in the skate park.

12.    Food, drink, gum, and wax are prohibited inside the skate park.

13.    Glass containers are prohibited inside the skate park.

14.    Use, consumption, or being under the influence of any drug or possession of any drug paraphernalia is prohibited in the skate park facility.

15.    Loitering in the skate park facility is prohibited.

16.    Smoking or the use, consumption, possession or being under the influence of any alcoholic beverage is prohibited anywhere at the skate park facility.

17.    No additional skating obstacles or materials (including but not limited to ramps or jumps) may be brought into the skate park, unless authorized by a permit issued pursuant to Section 12.25.090.

18.    All skaters must wear shirts while in the skate park.

19.    Organized events must be approved by issuance of a use permit by the director.

20.    Any activity that constitutes dangerous or reckless behavior or that has the potential of injuring another skate park user or other person is prohibited.

21.    Animals are prohibited inside the skate park.

22.    If cited for a violation of this chapter, upon determination by the director, a person may be suspended for thirty days from use of the facility and the park and any equipment used in connection with a violation of this chapter may be seized as evidence and impounded. The director shall provide the violator with a receipt. Articles impounded pursuant to this section which are not claimed and released within sixty days of the initial impoundment date shall be disposed of according to the city’s police department established procedures for the impoundment of unclaimed property. For individuals under eighteen years of age, the signature of a parent or legal guardian shall be required for the release of impounded property. Disposition and release of impounded property shall only be processed by authorized personnel of the city’s police department during normal business hours.

23.    The director is authorized to close the skate park facility or the skate park for violations of any of these rules and must close and so post the park or the facility when a physically unsafe situation is created until such time as the director declares the park or facility safe for operation.

24.    In addition to the rules set forth in this section, the director may establish other reasonable rules and regulations to protect the skate park facility or the skate park and the persons using them from injury or damage. (Ord. 2015-06 § 5, 2015)

12.25.070 Unsupervised skating venue—Assumption of risk.

The City of Marina Skate Park is an unsupervised recreational venue. The director shall cause to be posted signs on the fences of the skate park, facing the interior and exterior of the skate park, stating:

“Skateboarding and the use other wheeled recreational devices are hazardous recreational activities. Use of this park may result in minor or serious injuries that could result in death. Any use of this facility is at your own risk. The City of Marina does not assume any responsibility for injuries or death. Each person entering the facility assumes all risk of injury or death. All skate park users shall wear a helmet, knee pads and elbow pads that are in good working order and condition and which fit the skater properly (Marina Municipal Code, Chapter 12.25, California Health & Safety Code §§ 115800).

It is unlawful for any person to ride, operate or utilize any device other than a non-motorized skateboard, scooter, in-line skates/roller blades or roller skates. It is unlawful for any person to provide amplified music within the Park. The use of wax is prohibited. No additional ramps, jumps, barricades or other obstructions may be brought into the skate park. Any person failing to comply shall be subject to administrative citation and fine (Marina Municipal Code, Chapter 12.25).”

(Ord. 2015-06 § 6, 2015)

12.25.080 Remote camera(s).

Any use of a remote camera(s) at the facility or the park is for the purpose of deterring crime only and such camera(s) are not used for purposes of monitoring or supervising skaters. Signs indicating that this unsupervised skate park facility and skate park is being viewed by remote camera shall be posted. (Ord. No. 2008-01, § 1(Exh. A), 4-1-2008)

12.25.090 Permits.

A.    It is unlawful for any organized group to use the skate park facility or any portion thereof without authorization or permit issued by the director.

B.    For purposes of this section an “organized group” shall include any team, league, club or group consisting of six or more individuals who participate together in recreation, sport or similar activity two or more times in a thirty-day period or for groups holding tournaments, meets or any other organized competition.

C.    Permit Procedure.

1.    Application for a permit shall be made on a form provided by the director and must be accompanied by the fee established by the city pursuant to Chapter 3.24.

2.    The director may issue a permit hereunder if it is found that:

a.    The proposed activity is consistent with the recreational needs of the community;

b.    The proposed activity will not unreasonably interfere with or detract from the general public’s enjoyment of the park or the surrounding neighborhood. In case of a conflict in requests or schedules, preference shall be given to Marina-based youth organizations to the extent possible;

c.    The proposed activity and use will not unreasonably interfere with or detract from the promotion of public health, welfare, safety and recreation;

d.    The proposed activity or use is not reasonably anticipated to incite violence, crime or disorderly conduct;

e.    The proposed activity will not entail unusual, extraordinary or burdensome expense or police operation by the city;

f.    The Facility has not been reserved for other use at the day and hour required in the application.

3.    Exemptions. No permit shall be required for city-sponsored events.

4.    Appeal. Within ten days after receipt of an application, the director shall inform an applicant in writing of the reason(s) for refusing a permit, and any aggrieved person shall have the right to appeal in writing within thirty days to the city manager, who shall consider the application under the standards set forth in subsection (C)(2) of this section and sustain or overrule the director’s decision within thirty days. The decision of the city manager shall be final.

5.    Effect of Permit. A permittee shall be bound by all skate park facility and city park rules and regulations and all applicable ordinances fully as though the same were inserted in said permits.

6.    Liability of Permittee. The person or persons to whom a permit is issued shall be liable for any loss, damage or injury sustained by any person, or the City, resulting from the use allowed by the permit.

7.    Subject to Conditions. Any such permit shall be issued subject to such conditions as the director deems appropriate, including but not limited to the following:

a.    Proof of insurance;

b.    Indemnification of the city and its officers, employees, agents and volunteers;

c.    Damage deposit;

d.    Security requirements;

e.    No alcoholic beverages including beer;

f.    Requirement that all participants are aware of the conditions of the permit and all facility rules and regulations.

8.    Revocation. The director shall have the authority to revoke a permit upon finding a violation of any rule or ordinance or condition, that the facts leading to the findings in subsection (C)(2) of this section are no longer present or upon any other good cause shown. Upon such revocation, the permit shall no longer be valid and all members of the organized group must immediately cease use of the facility.

D.    The director shall post or cause to be posted signs at conspicuous places at the skate park giving notice of the provisions of this section. (Ord. No. 2008-01, § 1(Exh. A), 4-1-2008)

12.25.100 Record of skate park injuries.

The director shall maintain a record of all known or reported injuries incurred by a skater, skateboarder and/or an inline skater or roller blader or scooter user in the skate park and a record of all claims paid and not paid, including any lawsuits and their results, arising from those incidents that were filed against the city. Copies of these records shall be filed annually, no later than January 30th each year, with the California Assembly Committee on Judiciary and the Senate Committee on Judiciary. (Ord. 2015-06 § 7, 2015)

12.25.110 Inconsistency.

Any provision of the Municipal Code or appendices thereto inconsistent with the provisions of this chapter, to the extent of such inconsistency and no further, is hereby repealed or modified to the extent necessary to effect the provisions of this chapter. (Ord. No. 2008-01, § 1(Exh. A), 4-1-2008)

12.25.120 Severability.

If any section, subsection, paragraph, sentence, clause, phrase or portion of this chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. (Ord. No. 2008-01, § 1(Exh. A), 4-1-2008)