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Home My WebLink About2008 08-12 CC ADJ AGENDA PKTAgenda Of An Adjourned Regular Meeting City Council of the City of National City Council Chambers Civic Center 1243 National City Boulevard National City, California Regular Meeting - Tuesday — August 12, 2008 — 6:00 P.M. Open To The Public Please complete a request to speak form prior to the commencement of the meeting and submit it to the City Clerk. It is the intention of your City Council and Community Development Commission (CDC) to be receptive to your concerns in this community. Your participation in local government will assure a responsible and efficient City of National City. We invite you to bring to the attention of the City Manager/Executive Director any matter that you desire the City Council or Community Development Commission Board to consider. We thank you for your presence and wish you to know that we appreciate your involvement. ROLL CALL Pledge of Allegiance to the Flag by Mayor Ron Morrison Public Oral Communications (Three -Minute Time Limit) NOTE: Pursuant to state law, items requiring Council or Community Development Commission action must be brought back on a subsequent Council or Community Development Commission Agenda unless they are of a demonstrated emergency or urgent nature. Upon request, this agenda can be made available in appropriate alternative formats to persons with a disability in compliance with the Americans with Disabilities Act. Please contact the City Clerk's Office at (619) 336-4228 to request a disability -related modification or accommodation. Notification 24-hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Spanish audio interpretation is provided during Council and Community Development Commission Meetings. Audio headphones are available in the lobby at the beginning of the meetings. Audio interpretacidn en espanol se proporciona durante sesiones del Consejo Municipal. Los audidfonos estan disponibles en el pasillo al principio de la junta. Council Requests That All CeII Phones And Pagers Be Turned Off During City Council Meetings OF THE CITY COUNCIL OR COMMUNITY DEVELOPMENT COMMISSION MEETING AGENDAS AND MINUTES MAY BE OBTAINED THROUGH OUR WEBSITE AT www.ci.national-city.ca.us CITY COUNCIL/COMMMUNITY DEVELOPMENT COMMISSION AGENDA 8/12/08- Page 2 CITY COUNCIL ORDINANCE FOR ADOPTION 1. 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. (City Attorney) STAFF REPORTS MAYOR AND CITY COUNCIL ADJOURNMENT Next Regular City Council and Community Development Commission Meeting - Tuesday — August 19, 2008 - 6:00 p.m. — Council Chamber - National City. TAPE RECORDINGS OF CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION MEETINGS ARE AVAILABLE FOR SALE IN THE CITY CLERK'S OFFICE City of National City, California CITY COUNCIL AGENDA STATEMENT MEETING DATE August 12, 2008 AGENDA ITEM NO. ITEM TITLE 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 PREPARED BY George H. Eiser, III f DEPARTMENT City Attorney (Ext. 4221) EXPLANATION Please see attached memorandum. Environmental Review I N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Introduce ordinance. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Memorandum Proposed ordinance A-200 (9/99) ORDINANCE NO. 2008 — 2312 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. 10.53.020 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 — 2312 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 rolierskates, 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 chaptershall 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. PASSED and ADOPTED this 12th day of August, 2008. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk George H. Eiser, III City Attorney