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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