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HomeMy WebLinkAboutCC ORD 2008-2311 Adds Ch. 10.53, regulations for use of skateboard parks (10.53)ORDINANCE NO. 2008 — 2311 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 10 OF THE NATIONAL CITY MUNICIPAL CODE BY ADDING CHAPTER 10.53 PERTAINING TO REGULATIONS FOR USE OF SKATEBOARD PARKS BE IT ORDAINED by the City Council of the City of National City that Title 10 of the National City Municipal Code is amended as follows: Section 1. Title 10 of the National City Municipal Code is hereby amended by adding Chapter 10.53 to read as follows: Chapter 10.53 REGULATIONS FOR USE OF SKATEBOARD PARKS Sections: 10.53.010 Purpose. 10.53.020 Skateboarding prohibited in certain areas. 10.53.030 Protective gear required. 10.53.040 Skateboard park prohibited activities. 10.53.050 Signs. 10.53.060 Violations. 10.53.010 Purpose. This Chapter is adopted pursuant to the City's police powers and California Health and Safety Code section115800, and any succeeding or related statutes, for the purpose of protecting the City from claims arising from use of the public skateboard parks. Skateboarding is an inherently dangerous recreational activity, and persons using skateboards do so at their own risk. 10.53.020 Skateboarding prohibited in certain areas. Skateboarding is prohibited in city parks and recreational facilities unless specifically authorized in areas designated by this chapter and as further designated by resolution of the city council. The city designates and maintains as a skateboard park facility that area located within Kimball Park, where the current basketball/tennis courts are sited, and whose boundaries are designated by a fence and sign designating the area as a city skateboard park. 10.53.030 Protective gear required. It is unlawful for any person to ride, operate, or use a skateboard at any skateboard park located on city property unless that person is wearing a helmet, elbow pads, and knee pads (collectively, "Safety Equipment") in accordance with the Safety Equipment manufacturer's recommendations. The Safety Equipment must be in a serviceable condition. 10.53.040 Skateboard park prohibited activities. A. The prohibited activities within the premises of any city park, playground, recreational facility, and golf course contained in section 10.52.010 of this code shall also apply to designated skateboard parks located on city property. B. No person shall engage in any of the following acts within the premises of any designated skateboard park located on city property: Ordinance No. 2008 — 2311 Page 2 1. Place or use any unauthorized apparatus, pieces of equipment, or obstacles within the skateboard park; 2. Place or use other materials, including but not limited to ramps or jumps, within the skateboard park; 3. Skateboard on wet surfaces; 4. Enter the skateboard park unless actively skateboarding; 5. Use, consume, or have within his or her custody or control, food or beverages, within the skateboard park; 6. Enter the skateboard park while under the influence of alcoholic beverages or drugs; 7. Use or possess glass containers, bottles, or other breakable glass objects or products within the skateboard park; 8. Use or engage in intimidation, hazing, bullying, pushing or fighting; 9. Skateboard with more than one rider on the skateboard at any one time; 10. Ride, operate or use any device other than a skateboard in the skateboard park. Prohibited devices include but are not limited to rollerskates, in -line skates, bicycles, motorized vehicles, motorized skateboards, and motorized skates. 10.53.050 Signs. The director will post signage at the skateboard park affording reasonable notice that any person riding a skateboard in the skateboard park must wear a helmet, elbow pads, and kneepads, and that any person failing to do so will be subject to citation under this ordinance. The signage will state at a minimum the following: SKATEBOARDING ONLY. THIS SKATEBOARD PARK IS NOT SUPERVISED. SKATEBOARDING IS HAZARDOUS. SKATEBOARD AT YOUR OWN RISK. THE NATIONAL CITY MUNICIPAL CODE REQUIRES PERSONS USING THIS SKATEBOARD PARK TO WEAR A HELMET, ELBOW PADS, AND KNEE PADS. NO UNAUTHORIZED APPARATUS, PIECES OF EQUIPMENT, OR OBSTACLES. FAILURE TO COMPLY IS UNLAWFUL. 10.53.060 Violations. Every act prohibited or declared unlawful and every failure to perform an act made mandatory by this chapter shall be prosecuted as a misdemeanor or an infraction as provided in Section 1.20.010 of this Code and in accordance with Chapter 1.20 of this Code. ATTEST: 0 Michael R. Dalla, PASSED and ADOPTED this 12th day of Au ust, 2008. on Morrison, Mayor APPROVED AS TO FORM: ity Clerk p,‘... .r George H. Eiser, III City Attorney Passed and adopted by the Council of the City of National City, California, on August 12, 2008 by the following vote, to -wit: Ayes: Councilmembers Morrison, Natividad, Parra, Zarate. Nays: None. Absent: Councilmember Ungab. Abstain: None. AUTHENTICATED BY: By: RON MORRISON Mayor of the City of National City, Califomia N 1 C rk of the City of tiona City I City, California Deputy I HEREBY CERTIFY that the foregoing ordinance was not finally adopted until seven calendar days had elapsed between the day of its introduction and the day of its final passage, to wit, on August 5, 2008, and on August 12, 2008. I FURTHER CERTIFY THAT said ordinance was read in full prior to its final passage or that the reading of said ordinance in full was dispensed with by a vote of not less than a majority of the members elected to the Council and that there was available for the consideration of each member of the Council and the public prior to the day of its passage a written or printed copy of said ordinance. I FURTHER CERTIFY that the above and foregoing is a full, true and correct copy of ORDINANCE NO. 2008-2311 of the City Council of the City of National City, passed and adopted by the Council of said City on August 12, 2008. City Clerk of the City of National City, California By: Deputy