Chapter 12.30
SKATE PARK GUIDELINES AND RULES

Sections:

12.30.010    Creation of general guidelines and policies.

12.30.020    Prohibited acts.

12.30.030    Enforcement.

12.30.040    Penalties.

12.30.050    Fines and forfeitures.

12.30.060    Severability.

12.30.010 Creation of general guidelines and policies.

The city may develop and authorize by resolution additional rules to govern the operation of the Brookings Skate Park. [Ord. 07-O-583 § 2.]

12.30.020 Prohibited acts.

A. No person shall use the skate park unless such person is wearing, at all times during such use, a safety helmet as approved under ORS 815.052. Additional safety equipment is recommended.

B. No person shall damage or deface any part of the skate park.

C. No person shall bring into the skate park or possess within the skate park any glass containers.

D. No person shall use the skating area of the skate park with anything other than a skateboard or in-line skates. No BMX bicycles, other types of bicycles and motorized or nonmotorized scooters or similar devices are to be used at the skate park.

E. No person shall bring onto or possess within the skate park any alcohol, tobacco or controlled substances.

F. No person shall modify or attempt to modify any element, surface or area within or around the skate park.

G. No person shall enter or remain in the skate park except during hours posted by the city.

H. Horseplay, violence and profanity are prohibited. [Ord. 07-O-583 § 2.]

12.30.030 Enforcement.

Whenever a police officer has probable cause to believe that a skateboard, in-line skates, BMX bicycles or bicycles of all kinds are being used in violation of this chapter, the skateboard, in-line skates, BMX bicycles or bicycles of all kinds may be seized as evidence and held until the disposition of any charges. [Ord. 07-O-583 § 2.]

12.30.040 Penalties.

A. A violation of the prohibited acts of this chapter shall be a violation of the Brookings Municipal Code.

B. The person who violates any provisions of this chapter may be fined, prohibited from using the skate park and have any property used in violation of this chapter seized, and forfeited pursuant to the provisions of this chapter. [Ord. 07-O-583 § 2.]

12.30.050 Fines and forfeitures.

A. The fine for a first offense under this chapter shall be $50.00, the second violation shall be $100.00 and the third or subsequent violation shall be punishable pursuant to Chapter 1.05 BMC, General Penalty.

B. Upon a third conviction, the court may, in addition to any other penalty, order that the skateboard, in-line skates, BMX bicycles or any type of bicycle that was used at the time of the offense be impounded for a time not to exceed 30 days or forfeited.

C. Upon a third conviction, the court may order forfeiture of the skateboard, in-line skates, BMX bicycle or any type of bicycle which was ridden in violation of this chapter, unless it is proven to the court by preponderance of the evidence that the offender is not the owner of the skateboard, in-line skates, BMX bicycle or any other type of bicycle and the owner did not or could not have reasonably known that the skateboard, in-line skates, BMX bicycle or any other type of bicycle would be ridden in violation of this chapter. [Ord. 16-O-757 § 6; Ord. 07-O-583 § 2.]

12.30.060 Severability.

The provisions of this chapter are hereby declared to be independent from one another, and if any clause, sentence, paragraph or part of this chapter shall for any reason be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder of this chapter which shall be confined in its operation thereof directly to the section involved in the controversy in which such judgment shall have been rendered. [Ord. 07-O-583 § 2.]