Chapter 12.36
SKATE PARKS

Sections:

12.36.010    Definitions.

12.36.020    Skate park regulations.

12.36.030    Penalty for violation.

12.36.040    Record of skate park injuries.

12.36.010 Definitions.

“Elbow pads” and “knee pads” shall mean protective devices that are partially constructed of durable foam-like materials for ground shock resistance that are fitted and fastened to cover the elbows and knees (respectively) and are specifically designed and manufactured to absorb the impact of a fall.

“Helmet” shall mean a properly fitted and fastened protective device that meets the standards of either the American Society for Testing and Materials (ASTM) or the United States Consumer Product Safety Commission (CPSC) that is worn on the head and is specifically designed and manufactured to absorb the impact of a fall.

“Roller skate” shall mean any footwear or device that may be attached to the foot or footwear, to which non-metallic wheels are attached and such wheels may be used by the wearer for moving or propulsion, including but not limited to in-line skates commonly known as roller blades.

“Roller skating” shall mean the use of a roller skate for moving or propulsion.

“Safety equipment” shall mean, at a minimum, helmets, elbow pads and knee pads.

“Skateboard” shall mean all nonmetallic wheeled objects, coasters, conveyances, or similar devices used for transportation or sport which are propelled by human power and which are not classified as bicycles or roller skates.

“Skateboarding” shall mean the use of a skateboard for transportation or sport.

“Skate park” shall mean a public facility that is designed for use by persons riding skateboards or roller skates, and which is designated a “skate park” by the parks and recreation director. (Ord. 09-4 (part))

12.36.020 Skate park regulations.

The following regulations shall apply for all skate parks:

A.    No person shall use a skate park for uses other than for skateboarding or roller skating.

B.    No person shall skateboard or roller skate without wearing the required safety equipment as posted at a skate park.

C.    No person shall skateboard or roller skate when the skating surface is wet.

D.    No person shall engage in profanity, reckless or boisterous behavior (including, but not limited to, tandem riding, pushing, horseplay and bullying) or any other activity that could endanger the safety of persons using a skate park or spectators.

E.    Only skateboards and roller skates will be allowed to be used in a skate park. Prohibited devices include, but are not limited to, bicycles, scooters and any motorized device, whether electric or gas powered.

F.    No person shall use, consume or possess food, beverages, glass bottles or any breakable glass item on the skating surface.

G.    No person shall place or utilize additional obstacles or other materials, including, but not limited to, ramps or jumps, at a skate park.

H.    No person shall use, or be under the influence of, alcohol, controlled substances or illegal drugs while using a skate park.

I.    No person shall enter the skating surface area of a skate park unless actively skateboarding or roller skating in accordance with these regulations.

J.    No person shall use portable/personal stereos audible to the general public or any source of amplified music, such as stereos, boom boxes and amplifiers, within a skate park or its perimeter. Personal music or other listening devices not audible to the general public are permitted.

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

L.    No person shall litter or place trash or debris in or on the skating surface. All trash shall be placed in a designated trash receptacle.

M.    No person shall apply, or cause to be applied, any vandalism, including but not limited to graffiti, tagging, stickers or decals, to any facilities in the skate park.

N.    All persons shall skateboard or roller skate only on the skating surface, and shall not skateboard or roller skate on the curbs, planters, benches, steps, or railing in the area of a skate park or other city-owned area surrounding a skate park, except steps, railings, or other structures inside the skate park which are designed and intended as a skate surface.

O.    No person shall skateboard or roller skate at a skate park at any times other than those established as the hours of operation.

P.    Climbing on or over a skate park fence is prohibited. No person shall enter or exit a skate park by any means other than by walking though a gate, turnstile, door or other means provided and intended by the city for ingress and egress into a skate park.

Q.    Except for authorized guide dogs and service animals, animals are prohibited inside any fenced area of a skate park, and are prohibited from the skate surface.

R.    Skateboarding at a skate park is deemed to be a recreational hazardous activity whereby the city may avail itself of immunity from liability for injuries sustained by patrons of a skate park while skateboarding if all of the following conditions are met (pursuant to California Health and Safety Code Section 115800 and California Government Code Section 831): (1) the person skateboarding is twelve (12) years of age or older; and (2) the skateboarding activity that caused the injury was stunt, trick, or luge skateboarding.

S.    The parks and recreation director shall develop and institute policies that are consistent with this chapter. Any violation of such policy shall be subject to penalty as a violation of this chapter. (Ord. 09-4 (part))

12.36.030 Penalty for violation.

A.    Any violation of the provisions of this chapter shall be deemed to be an infraction and punishable by a fine not exceeding one hundred dollars ($100.00); second and subsequent offenses within one year may be prosecuted as an infraction or misdemeanor. A second violation within a year that is prosecuted as an infraction may be punishable by a fine not exceeding two hundred dollars ($200.00); and a third or further violation within a year that is prosecuted as an infraction may be punishable by a fine not exceeding five hundred dollars ($500.00). The complaint charging such violation shall specify whether the violation is a misdemeanor or an infraction, and the prosecuting authority may impose an alternative penalty such as community service. Each day a violation of any provision of this chapter continues shall be a new and separate violation. Any person cited and convicted of three or more violations of this chapter in a twelve (12) month period shall be permanently barred from the use of or entrance to a skate park.

B.    In addition to the penalties so described, any police officer or other person authorized to issue citations shall have the authority to impound any skateboard, bicycle, scooter or roller skates of a person found violating this chapter. Upon impoundment of any skateboard, bicycle, scooter, or roller skates as provided herein, the owner of such device shall be issued a receipt. Said receipt shall state the hours, location, time frame and manner for claiming the impounded skateboard, bicycle, scooter, or roller skates, as provided in subsections (B)(1) and (2) of this section.

1.    Upon presentation of the receipt, the owner may claim the impounded skateboard, bicycle, scooter, or roller skates at the police department during business hours. If the owner is a minor, such owner may claim the impounded skateboard, bicycle, scooter, or roller skates if accompanied by a parent or guardian. No fee may be assessed on the owner, parent or guardian.

2.    If the impounded skateboard, bicycle, scooter, or roller skates is/are not claimed within sixty (60) days after the date of impoundment, the city may dispose of the item(s) by destruction or public sale at auction.

C.    Any provision of this code or appendices thereto inconsistent with the provisions of this chapter, to the extent of such inconsistencies and no further, is hereby repealed or modified to the extent necessary to effect the provisions of this chapter.

D.    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. 09-4 (part))

12.36.040 Record of skate park injuries.

A.    The parks and recreation commission shall maintain a record of all known or reported injuries incurred by a skateboarder and/or other user in the skate park.

B.    The parks and recreation commission shall maintain 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 of each year, with the California Judicial Council. (Ord. 09-4 (part))