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HomeMy WebLinkAboutORD 930ORDINANCE NO. 930 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA REVISING SECTION 8.85 IN TITLE 8 OF THE PALM DESERT MUNICIPAL CODE, HEALTH AND SAFETY, SKATE PARK REGULATIONS The City Council of the City of Palm Desert, California does hereby ordain as follows: Section 1. That Chapter 8.85 of Title 8 of the Code of the City of Palm Desert, California is hereby revised, and replaced in its entirety, to read as follows: "CHAPTER 8.85 SKATE PARK REGULATIONS Sections 8.85.010 Purpose 8.85.020 Definitions 8.85.030 State Law Compliance 8.85.040 Hazardous Recreational Activity 8.85.050 Use of the Skate Park & Surrounding Areas 8.85.060 Regulations 8.85.070 Penalty 8.85.080 Notice 8.85.010 Purpose The purposes of this ordinance are: (1) to establish regulations for the use and enjoyment of the Skate Park facility, in the interest of public safety; (2) to comply with Health and Safety Code Section 115800 by adopting an ordinance requiring use of safety equipment, with penalty by citation and notice by sign; and (3) to satisfy the conditions of Sections 115800 and 115800.1 for qualified immunity from liability for hazardous recreational activities. 8.85.020 Definitions A. The terms used in this chapter, e.g., "skateboard", shall have the meanings in common usage, except as otherwise defined herein or by the Health and Safety Code and other applicable laws. RMPUB\JCP158689 Ordinance No. 930 B. For the purposes of this chapter only, the following definitions shall apply: ,W„ The term "Skate Park" means the Palm Desert Skate Park facility, located in the Palm Desert Civic Center in the City of Palm Desert, California; 2. The term "Skating Area" means the area within the Skate Park designed for skating and skateboarding activities, which is limited to the bowl and adjacent concrete. 8.85.030 State Law Compliance A. Health and Safety Code § 115800 prohibits any operator of a skateboard park to permit any person to ride a skateboard therein unless that person is wearing a helmet, elbow pads, and knee pads. B. The City hereby requires, pursuant to § 115800, that: Any person riding a skateboard at the Skate Park must wear a helmet, elbow pads, and knee pads; and 2. Notice of the safety equipment required in subsection 1 above and notice of the penalty for violation shall be provided. C. The Parks and Recreation Department shall develop a system for recording skateboarding and in -line skating injuries and claims and shall report those incidents to the Judicial Council in accordance with §§ 115800 and 115800.1. D. The City has determined that wrist guards afford a significant measure of injury prevention. Therefore, in addition to the safety equipment required by the State, the City hereby requires any person using the skating area to wear wrist guards. 8.85.040 Hazardous Recreational Activity A. Skateboarding and in -line skating are deemed hazardous recreational activities, within the meaning of Government Code § 831.7, by Health and Safety Code §§ 115800 and 115 800. 1 under specified conditions. B. The City hereby adopts the pertinent State law definitions of hazardous recreational activities and hereby affirms that use of the Palm Desert Skate Park is deemed a hazardous recreational activity to the fullest extent permitted by law. 2 RMPUBUCTM 58689 Ordinance No. 930 C. In conformity with § 115800.1: The City hereby designates the Palm Desert Skate Park, located in the Palm Desert Civic Center in Palm Desert, California, a recreational area in which in -line skating is permitted; and 2. The City shall post notice advising the public that in -line skating in the designated area by adults is deemed a hazardous recreational activity and that the City may not be liable for injuries incurred by participants. 8.85.050 Use of the Skate Park & Surrounding Area A. Stunts, tricks or luge skateboarding are: Prohibited in the picnic area, parking lot, curbs, and surrounding areas of the Skate Park, Civic Center and Civic Center Park; and 2. Permitted in the Skating Area only. B. Skating and skateboarding are the only activities permitted in the Skating Area. Bicycles or other vehicles are prohibited from entering the Skating Area. C. The safety of the Skating Area is reduced by the presence of debris of any kind and by wet conditions. Food and beverage consumption produce foreseeable litter and are not permitted within the Skating Area. Use of the Skating Area under wet conditions is also prohibited. D. The City hereby designates the Skate Park a "public place" within the meaning of Municipal Code Chapter 8.36 (§§ 8.36.010 et seq.). "No smoking" shall be included in the regulations posted for public notice. 8.85.060 Regulations The following regulations shall be posted for public notice. A. Any person using the skating area must wear a helmet, elbow pads, knee pads and wrist guards. B. No bicycles or other vehicles are permitted in the skating area. C. No spectators are permitted in the skating area. 3 R VWUBUCT1158689 Ordinance No. 930 D. No food, glass bottles or cans are permitted in the skating area at any time. E. No unauthorized ramps, jumps or obstacles are permitted in the skate park. F. Use of the skating area is prohibited when it is raining or the concrete is wet. G. No smoking, alcohol or drug use is permitted in the skate park. H. Sponsored events (contests, demonstrations, classes, etc.) must be approved by the City, in advance, through the park reservation process. 8.85.070 Penal A. The City hereby resolves that failure to observe § 8.85.060A (above), which requires use of safety equipment, shall be an Infraction with a specific fine in the amount of Fifty and No/100 Dollars ($50.00). B. Any person who fails to observe § 8.85.060A (above), requiring use of safety equipment, is subject to citation, fine and removal from the Skate Park. B. Notice of this penalty shall be posted with the Regulations in § 8.85.060. 8.85.080 Notice A. The City shall post an official sign at the entry of the Skate Park facility and additional signs therein as needed to provide reasonable notice of this ordinance. B. The sign(s) shall provide notice to the public of 1. The Regulations (A through H) above; 2. The caution: "Skating and skateboarding are hazardous recreational activities and the City may not be liable for injuries"; and 3. The Penalty: "Violators will be subject to citation, a $50 fine and removal. (Palm Desert Municipal Code Section 8.85.)" " Section 2. Upon the effective date, this ordinance will supersede, repeal, and replace the urgency ordinance adopted on September 9, 1999 which added Section 8.85 to the Palm Desert Municipal Code. 4 RMPUBVCT1158689 Ordinance No. 930 Section 3. The city clerk shall certify the adoption of the Ordinance and shall cause the same to be published once in a newspaper of general circulation printed within the City of Palm Desert, California. It shall be in full force and effect thirty (30) days after its adoption. PASSED, APPROVED and ADOPTED at a regular meeting of the City council of the City of Palm Desert, California, on the 9th day of December, 1999by the following roll call vote: AYES: Benson, Ferguson, Kelly, Spiegel, Crites NOES: None ABSENT: None ABSTAIN: None BUFORD CRITES, MAYOR City of Palm Desert, California ATTEST: By. RACHELLE D. KLASSEN, ACTING CITY CLERK APPROVED AS FORM: By: AVID J WIN, City Attorney City of Palm Desert, California RMPUBUC U58689