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HomeMy WebLinkAboutORD 925ORDINANCE NO. 925 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA ADDING SECTION 8.85 TO TITLE 8 OF THE PALM DESERT MUNICIPAL CODE, HEALTH AND SAFETY, AS IT RELATES TO REGULATIONS FOR THE PALM DESERT SKATE PARK AND DECLARING THE URGENCY THEREOF The City Council of the City of Palm Desert, California does hereby ordain as follows: Section 1. That Chapter 8.85 is hereby added to Title 8 of the Code of the City of Palm Desert, California to read as follows: "CHAPTER 8.85 SKATE PARK REGULATIONS Sections 8.85.010 Purpose 8.85.020 Definitions 8.85.030 Hazardous Recreational Activity 8.85.040 Regulations 8.85.050 Prohibited Uses Surrounding Area 8.85.060 Violation - Penalty 8.85.010 Purpose The purpose of this ordinance is to set rules, regulations for the usage of the skate park facility. Rules and regulations shall be posted by the City on the "official sign" at the entry into the skate park facility. This ordinance complies with the Health and Safety Code § 115800 by noticing the park user that this is a hazardous recreational activity and the users are skating at their own risk. 8.85.020 Definitions For the purpose of this chapter only the following definitions shall apply: A. "Roller skates" mean any footwear or device which may be attached to the foot or footwear to which wheels are attached and such wheels may be used by the wearer in moving including in -line skates known as "roller blades". The definition of these terms shall include a single roller skate, or part thereof, used by the wearer in moving. B. "Skate board" or skate boards includes any board of any material which has wheels attached to it where such wheels may be used for movement or propulsion. C. "Official sign" means a sign which sets forth the rules by which the skate park and the surrounding areas are operated. RMPUB\DJE\155592 1 918/99 13:16 ORDINANCE NO. 925 D. "Rules and Regulations" means those regulations set forth in Section 8.85.040. �r 8.85.030 Hazardous Recreational Activity Palm Desert Skate Park located at Palm Desert Civic Center is designated as a recreational area for in -line skating. As defined in Section 831.7 of the Government Code and as further defined by AB 1296, that skate boarding, roller skating and in -line roller blading is a hazardous recreational activity for both adults and children. 8.85.040 Regulations A. Any person riding a skate board or using in -line skates shall wear a helmet, elbow pads, and knee pads and, in addition, in -line skaters must wear wrist guards. B. Sponsored contests, demonstrations, classes or clinics must obtain approval using the park reservation process and receive City approval prior to the event. C. No bicycles or other wheeled vehicles will be permitted inside the skate park. D. No spectators are permitted inside the skating area. E. No food or glass bottles are permitted inside the skating area. F. No smoking, alcohol, or drug use is permitted in the skate park facility. G. Skate boarding and in -line skating is prohibited when it is raining or if the concrete is wet. H. Additional ramp, jumps or obstacles may not be brought into the skate park. In -line skating is deemed to be a hazardous recreational activity and the City may not be liable for injuries incurred in this park. 8.85.050 Prohibited Uses Surrounding Area A. Skate board and in -line skating are prohibited from performing stunts, tricks or luge skate boarding in the parking lot, on curbs, or other surrounding areas of the Civic Center and Civic Center Park. 8.85.060 Violation Penalty A. Anyone using the skate board park facility must wear a helmet, elbow pads and knee pads. In -line skaters must also wear wrist guards in addition to helmet, elbow pads and knee pads. Anyone not using the required personal protective gear is subject to citation under this ordinance and removal from the skate park facility." Section 2. This ordinance is declared to be in full force and effect immediately upon adoption on September 9, 1999 as an urgency ordinance. Such action is necessary because RMPUB\DJE\155592 2 9/8/99 13:16 ORDINANCE NO. 925 the skate park facility is open and in operation and the regulations contained herein are necessary to protect the public health safety and welfare of the users of said park as well as of the community in general. Section 3. The City Clerk shall cause this ordinance to be published once within fifteen (15) days after it is adopted and the same shall be in full force and effect on and after September 9, 1999. PASSED, APPROVED and ADOPTED at a regular meeting of the City council of the City of Palm Desert, California, on the 9 thday of September, 1999, by the following roll call vote: A' AYES: Benson, Crites, Ferguson, Kelly, Spiegel NOES: None ABSENT: None ABSTAIN: None ROBERT SPIEGEL, Y City of Palm Desert, California SHEILA R: GILLIGAN, CiN Clerk APPROVED AS .TO FORM: By: AVID RWIN, City Attorney City of Pahn Desert, California RMPUB\DJE\155592 9/8/99 13:16