HomeMy WebLinkAboutORD 1452Ordinance No. 1452
An Ordinance of the City Council of the City of Palm Desert, California,
Amending Chapter 8.85 of the Palm Desert Municipal Code to Modernize
Skate Park Regulations and Making a Finding of Exemption Under CEQA
City Attorney’s Summary
The purpose of this ordinance is to update Chapter 8.85 to conform to the
current Health and Safety Code Section 115800, expressly incorporate the
statutory definition of “other wheeled recreational device” (nonmotorized
bicycles, scooters, inline skates, roller skates, or wheelchairs used
recreationally), mandate helmets/elbow pads/knee pads for all covered
activities, require signage affording “reasonable notice” per the statute,
declare qualifying use a hazardous recreational activity under Section
115800(e) and Government Code Section 831.7, add clear rules of
conduct, record-keeping, and enforcement tools, and authorize
unsupervised operation. Adoption will enable the City to eliminate daily
supervision and the $5 fee (per staff recommendation to Council) while
preserving maximum liability protections and enhancing public safety.
Whereas, the City of Palm Desert is committed to protecting the public health,
safety, and welfare of its residents and visitors by regulating the use of its skate park
facility in a manner that promotes safe recreational activity, ensures compliance with
state law, minimizes risks of injury, and preserves the community character of
surrounding areas; and
Whereas, the City maintains a skate park facility in the Palm Desert Civic Center
that is designed and maintained for the purpose of riding skateboards and other
wheeled recreational devices; and
Whereas, the City’s existing Chapter 8.85 (adopted in 1999 and last amended in
2000) was drafted before the Legislature expanded Health and Safety Code Section
115800 to expressly cover “other wheeled recreational devices” and updated the
hazardous recreational activity provisions; the current chapter focuses primarily on
skateboards and in-line skating and does not fully mirror the current statutory definitions
or protections; and
Whereas, in order to benefit from the liability safe-harbor in Health and Safety
Code Section 115800(b) for an unsupervised facility, the City must (1) adopt an
ordinance requiring any person riding a skateboard or other wheeled recreational device
to wear a helmet, elbow pads, and knee pads, and (2) post signs affording reasonable
notice of that requirement and the penalty for noncompliance; and
Whereas, Health and Safety Code Section 115800(d) defines “other wheeled
recreational device” to mean nonmotorized bicycles, scooters, inline skates, roller
skates, or wheelchairs being used for recreational purposes; and
Whereas, Health and Safety Code Section 115800(e) and Government Code
Section 831.7 together provide qualified immunity for public entities when qualifying use
Docusign Envelope ID: 2DD5BF3D-41D3-8A24-80FC-7DCFAAC2B223
Ordinance No. 1452 Page 2
(by persons 12 and older engaged in stunt, trick, or luge riding at a compliant park) is
deemed a hazardous recreational activity; the City desires to declare such use a
hazardous recreational activity to the fullest extent permitted by law ; and
Whereas, the updated regulations will continue to require safety equipment, post
clear signage, prohibit unsafe or prohibited conduct, and provide effective enforcement
mechanisms, thereby strengthening the City’s skate park program without imposing new
substantive restrictions on lawful activity; and
Whereas, the City Council finds and declares that these measures are necessary
to protect public safety, reduce the risk of injury, ensure equitable and consistent
enforcement, maintain property values, and safeguard the general public health, safety,
and welfare, consistent with the City’s police power and authority under the California
Constitution and state law; and
Whereas, the proposed ordinance is consistent with and furthers the purposes of
the City’s Parks and Recreation regulations; and
Whereas, all other legal prerequisites to the adoption of this ordinance have been
satisfied.
Now, Therefore, The City Council of the City of Palm Desert Does Hereby Ordain As
Follows:
Section 1. Incorporation of Recitals.
The recitals set forth above are hereby incorporated by reference and adopted as
findings of the City Council.
Section 2. Amendment of Chapter 8.85.
Chapter 8.85 (Skate Park Regulations) of the Palm Desert Municipal Code is hereby
amended in its entirety to read as follows:
“CHAPTER 8.85
SKATE PARK REGULATIONS
§ 8.85.010 Purpose.
The purposes of this chapter are:
1. To establish regulations for the safe use and enjoyment of City -
owned and City-operated skate park facilities, in the interest of public safety;
2. To comply with Health and Safety Code Section 115800 by
adopting an ordinance requiring all persons riding a skateboard or other wheeled
recreational device at a City skate park facility to wear a helmet, elbow pads, and knee
pads, with penalty by citation;
Docusign Envelope ID: 2DD5BF3D-41D3-8A24-80FC-7DCFAAC2B223
Ordinance No. 1452 Page 3
3. To satisfy the conditions of Health and Safety Code Section
115800(b) for operating a publicly owned skate park facility that is not supervised on a
regular basis; and
4. To satisfy the conditions for the hazardous recreational activity
liability safe harbor under Health and Safety Code Section 115800(e) and Government
Code Section 831.7, to the fullest extent permitted by law.
§ 8.85.020 Definitions.
As used in this chapter, the following terms have the meanings set forth below.
Terms used but not defined in this chapter shall have the meanings in common usage or
as otherwise defined by applicable state law.
“City skate park facility” or “skate park” means any outdoor area or facility owned
or operated by the City of Palm Desert that is designed and maintained for the purpose
of riding recreational skateboards or other wheeled recreational devices, including
without limitation the Palm Desert Skate Park located at the Palm Desert Civic Center,
43900 San Pablo Avenue, Palm Desert, California.
“Elbow pads” means protective coverings worn on both elbows designed to
absorb impact and reduce abrasion injury.
“Helmet” means a protective head covering that meets the standards of the
American National Standards Institute (ANSI Z90.4), the Snell Memorial Foundation, the
American Society for Testing and Materials (ASTM), or a comparable safety standard,
and that is properly fitted and fastened on the rider’s head while in use.
“Knee pads” means protective coverings worn on both knees designed to absorb
impact and reduce abrasion injury.
“Other wheeled recreational device” has the same meaning as in Health and
Safety Code Section 115800(d), and means nonmotorized bicycles, scooters, inline
skates, roller skates, or wheelchairs being used for recreational purposes. This
definition shall be interpreted consistently with any amendment to Health and Safety
Code Section 115800(d).
“Skateboard” means a platform mounted on wheels, designed or customarily
used by a person standing, sitting, or kneeling, and propelled by the rider pushing off
with one foot, by gravity, or by the momentum of the rider. The term does not include
motorized or electric-powered boards or platforms.
“Skating area” means the portion of a City skate park facility specifically designed
and designated for riding a skateboard or other wheeled recreational device, which may
include a bowl, half-pipe, street course, pump track, or other purpose -built concrete or
other surface area.
“Stunt, trick, or luge riding” means the performance of maneuvers beyond
straight, level riding, including jumps, grinds, slides, aerials, spins, and similar acrobatic
or speed-oriented techniques.
Docusign Envelope ID: 2DD5BF3D-41D3-8A24-80FC-7DCFAAC2B223
Ordinance No. 1452 Page 4
§ 8.85.030 State Law Compliance - Safety Equipment Requirement.
A. Equipment and Signage Requirements. The following requirements are
adopted pursuant to Health and Safety Code Section 115800(b) to satisfy the conditions
for operating City skate park facilities without regular supervision:
1. Any person riding a skateboard or other wheeled recreational
device in the skating area of a City skate park facility must wear a helmet, elbow pads,
and knee pads at all times while riding.
2. The City shall post signs at each City skate park facility in
accordance with Section 8.85.080, providing reasonable notice of the safety equipment
requirement and the penalty for non -compliance.
B. Recordkeeping. The Parks and Recreation Department shall develop and
maintain a system for recording skateboarding and other wheeled recreational device
injuries and claims in accordance with Health and Safety Code Section 115800(e).
§ 8.85.040 Hazardous Recreational Activity Designation.
A. Designation. Skateboarding and riding other wheeled recreational devices
in a City skate park facility are hereby designated as hazardous recreational activities
within the meaning of Government Code Section 831.7, and as provided in Health and
Safety Code Section 115800(e), to the fullest extent permitted by law. By virtue of the
design features of the skating area, including ramps, bowls, rails, half-pipes, and
transitions, all riding of a skateboard or other wheeled recreational device within the
skating area constitutes stunt, trick, or luge riding within the meaning of Health and
Safety Code Section 115800(e)(1)(B).
B. Civil Liability Limitation. Consistent with Government Code Section 831.7
and Health and Safety Code Section 115800, and subject to the exceptions and
limitations set forth in those statutes, the City shall not be liable for injuries incurred by
participants in skateboarding or other wheeled recreational device riding at a City skate
park facility. Nothing in this chapter creates any duty of care or basis of liability beyond
what may be imposed by applicable state law.
C. Participant Assumption of the Risk. All persons who use a City skate park
facility do so at their own risk. By entering the skating area, each participant assumes all
inherent risks of skateboarding and use of other wheeled recreational devices, including
but not limited to collisions, falls, and contact with the skating surface or equipment.
§ 8.85.050 Regulations - Permitted and Prohibited Uses.
A. Permitted Uses in the Skating Area. Skateboarding and riding other
wheeled recreational devices is permitted:
1. In the skating area only;
2. While wearing a helmet, elbow pads, and knee pads at all times
while riding;
Docusign Envelope ID: 2DD5BF3D-41D3-8A24-80FC-7DCFAAC2B223
Ordinance No. 1452 Page 5
3. During posted hours only. The Parks and Recreation Director or
designee is authorized to establish, adjust, and post the hours of operation for each City
skate park facility. Use of a City skate park facility outside of posted hours is prohibited.
B. Special Events. Organized events at a City skate park facility, including
contests, demonstrations, classes, camps, or similar group activities, must be approved
in advance through the City’s park reservation and special event permit process.
C. Prohibited Devices in the Skating Area. The following devices are
prohibited from the skating area at all times:
1. Motorized or electric-powered skateboards, scooters, bicycles, or
other motorized vehicles;
2. Any device the Parks and Recreation Director or designee has
determined is unsafe or unfit for use in the skating area based on a reasonable finding
that the device is likely to cause damage to the skating surface or harm to other
participants.
D. Safety Hazard Prohibitions. The following are prohibited in the skating
area at all times because they create foreseeable safety hazards:
1. Food and beverages (to reduce litter and wet surfaces);
2. Glass containers or cans;
3. Unauthorized ramps, jumps, or obstacles;
4. Use of the skating area when it is raining or the skating surface is
wet or otherwise impaired;
5. Smoking of any substance, including tobacco, e -cigarettes, and
cannabis, in accordance with Chapter 8.36;
6. Consumption or possession of alcoholic beverages;
7. Possession or use of illegal drugs or drug paraphernalia;
8. Verbal abuse, threats, harassment, or intimidation of other users;
and
9. Any act that endangers the safety or well-being of others.
E. Spectators. Non-participating spectators are prohibited in the skating area.
Spectators must remain in designated viewing areas or areas outside the skating area.
§ 8.85.060 Notice and Signage.
A. Posting Requirement. The City shall post at least one official sign at the
entry to each City skate park facility, and additional signs within or adjacent to the
skating area as needed to provide reasonable notice of this chapter.
Docusign Envelope ID: 2DD5BF3D-41D3-8A24-80FC-7DCFAAC2B223
Ordinance No. 1452 Page 6
B. Sign Content. Each sign posted pursuant to this section shall cite to this
chapter and include wording similar to the following:
1. Safety Equipment Requirement: “All persons riding a skateboard or
other wheeled recreational device in the skating area must wear a helmet, elbow pads,
and knee pads at all times while riding.”
2. Hazardous Activity Warning: “Skateboarding and use of other
wheeled recreational devices are hazardous recreational activities. Use of this facility is
at your own risk. The City of Palm Desert may not be liable for injuries incurred at this
facility.”
3. Citation Warning: “Failure to wear required safety equipment is an
infraction subject to citation and a fine of $100. Violators may be required to leave the
facility.”
4. Park Regulations Summary: A summary of the regulations set forth
in Section 8.85.050.
5. Hours of Operation: The posted hours of operation for the facility.
§ 8.85.070 Enforcement and Penalties.
A. Safety Equipment Infraction. Failure to wear a helmet, elbow pads, and
knee pads as required by Section 8.85.030(A) is an infraction, punishable by a fine of
one hundred dollars ($100) per violation. Each instance of non-compliant riding is a
separate violation. A person in violation shall also be required to leave the skating area
until compliant equipment is worn.
B. General Violations. Violation of any other provision of this chapter is an
infraction, punishable by a fine not exceeding one hundred dollars ($100) for a first
violation within any twelve-month period, not exceeding two hundred dollars ($200) for a
second violation of the same provision within one year, and not exceeding five hundred
dollars ($500) for each additional violation within one year, consistent with Government
Code Section 36900(b). A third or subsequent violation within a twelve -month period
may alternatively be prosecuted as a misdemeanor punishable as provided in Section
1.12.010 of this code.
C. Administrative Citation. In addition to or in lieu of criminal prosecution,
violations of this chapter may be enforced by administrative citation and administrative
fine pursuant to Chapter 8.81 of this code.
D. Removal from Facility. Any City employee or law enforcement officer may
require a person who violates this chapter to immediately leave the City skate park
facility. A person who fails or refuses to leave when lawfully directed to do so is subject
to citation for trespass in addition to any other applicable penalty.”
Section 3. CEQA Exemption.
The City Council finds that the adoption of this Ordinance is exempt from review under
the California Environmental Quality Act (CEQA) (Pub. Resources Code § 21000 et
Docusign Envelope ID: 2DD5BF3D-41D3-8A24-80FC-7DCFAAC2B223
Ordinance No. 1452 Page 7
seq.) and the CEQA Guidelines (14 Cal. Code Regs. § 15000 et seq.). This Ordinance
is not a “project” within the meaning of CEQA Guidelines Section 15378(b)(5) because it
constitutes an organizational or administrative activity of government that will not result
in direct or indirect physical changes in the environment. The amendments are
regulatory and textual in nature in that they update definitions, clarify safety
requirements, and align municipal code language with state law. No physical
construction, land disturbance, land use change, or other physical environmental impact
will result. Even if considered a project, the Ordinance is exempt pursuant to the
“common sense” exemption of CEQA Guidelines Section 15061(b)(3) because it can be
seen with certainty that there is no possibility that the activity may have a significant
effect on the environment.
Section 4. Effective Date and Publication.
This Ordinance shall take effect and be in full force thirty (30) days after its adoption.
The City Clerk is hereby directed to publish a summary of this Ordinance in the Desert
Sun, a newspaper of general circulation published and circulated in the City of Palm
Desert, California, in accordance with Government Code Section 36933.
Section 5. Custodian of Records.
The custodian of records for this Ordinance is the City Clerk and the records comprising
the administrative record are located at 73-510 Fred Waring Drive, Palm Desert, CA.
Section 6. Severability.
If any section, subsection, sentence, clause, phrase, or word of this Ordinance is for any
reason held to be invalid or unconstitutional by a decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this
Ordinance. The City Council hereby declares that it would have adopted this Ordinance,
and each section, subsection, sentence, clause, phrase, and word thereof, irrespective
of the fact that any one or more sections, subsections, sentences, cl auses, phrases, or
words be declared invalid or unconstitutional.
Adopted on July 9, 2026.
Evan Trubee
Mayor
Attest:
Anthony J. Mejia
City Clerk
Docusign Envelope ID: 2DD5BF3D-41D3-8A24-80FC-7DCFAAC2B223
Ordinance No. 1452 Page 8
I, Anthony J. Mejia, City Clerk of the City of Palm Desert, California, do hereby
certify that Ordinance No. 1452 is a full, true, and correct copy, and was introduced at a
regular meeting of the Palm Desert City Council on June 25, 2026, and adopted at a
regular meeting of the City Council held on July 9, 2026, by the following vote:
Ayes: Harnik, Moreno, Nestande, Pradetto, and Trubee
Noes: None
Absent: None
Abstain: None
Recused: None
In Witness Whereof, I have hereunto set my hand and affixed the official seal of the City
of Palm Desert, California, on ____________________.
Anthony J. Mejia
City Clerk
Docusign Envelope ID: 2DD5BF3D-41D3-8A24-80FC-7DCFAAC2B223
7/13/2026