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Home My WebLink AboutID# 14-530 First Reading & Introduction of Ordinance 2015-1335 Public Skate Park FacilitiesCITY OF LADE tjgjLSINOB E DREAM EXTREMLn REPORT TO CITY COUNCIL TO: Honorable Mayor and Members of the City Council FROM: Grant Yates, City Manager DATE: April 14, 2015 SUBJECT: First Reading and Introduction of Ordinance No. 2015 - Regarding Public Skate Park Facilities Recommendation It is recommended that the City Council waive further reading and introduce by title only Ordinance No. 2015 - , AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING CHAPTER 8.42 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING PUBLIC SKATE PARK FACILITIES. Background Skate parks are becoming an increasingly common amenity in many communities. The City currently maintains and operates one public skate park facility at McVicker Canyon Park where in -line skaters, roller skaters, BMX riders and skateboarders are welcome to hone their skills as well as socialize with others. This year, the City plans to open its second public skate park facility at Serenity Park. The project is currently under design and is planned for completion in June 2015. Discussion To curb potentially hazardous recreational activity exposures at McVicker Canyon Skate Park and future skate parks, the City's municipal code requires an additional chapter that establishes a comprehensive set of rules and regulations for the use of these facilities. This includes wearing safety equipment and other enforceable rules, such as age restrictions; hours of operation; abusive language; food, drink and alcoholic beverages; glass containers; loud music; wet, icy or slippery conditions, the number of skaters at any given time; and time restrictions when there is a waiting line. In short, this legislation clearly details the skate park rules and establishes a consequence if the rules are violated by a skate park participant. The new municipal code shall satisfy all of the State's requirements for the operation of a hazardous recreational activity and thus provide the essential liability immunities associated with the California Health and Ordinance Regarding Public Skate Park Facilities April 14, 2015 Page 2 of 2 Safety Code, Chapter 4 (Safe Recreational Land Use) Section 115800 and Government Code, Chapter 2 (Dangerous Conditions of Public Property) Section 831.7. All skate parks will include signage inclusive the rules and regulations specified in the ordinance. The proposed ordinance was presented to the Public Safety Advisory Commission for review and approval in February and March 2015. The commission reviewed and offered several additional revisions for further consideration by the City Attorney and staff. These recommendations and changes have been incorporated into the attached ordinance. Prepared by: Nicole Dailey, Management Analyst Approved by: Grant Yates, City Manager Attachment: Draft Ordinance No. 2015- regarding Public Skate Park Facilities Aft-M1 ORDINANCE NO. 2015- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTION CHAPTER 8.42 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING PUBLIC SKATE PARK FACILITIES THE CITY COUNCIL OF THE CITY OF THE CITY OF LAKE ELSINORE DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 8.42 is hereby added to the Lake Elsinore Municipal Code as follows: Chapter 8.42 PUBLIC SKATE PARK FACILITIES 8.42.010 Purpose. The purpose of this chapter is to establish a comprehensive set of rules and regulations for the use of public skate park facilities in the City of Lake Elsinore. 8.42.020 Definitions. For purposes of this chapter, the following terms, phrases, words, and derivations shall have the meaning given in this section: "BMX bike" means a bicycle with a stout frame, knobby tires, and 20 -inch wheels, typically used for racing on such a dirt track and for performing tricks. 'Department' means the City of Lake Elsinore Department of Community Services. "Director" means the Director of the City of Lake Elsinore Department of Community Services or his or her designee. "Public skate park facility" means any facility, structure or area in which skateboarding, in -line skating and roller skating is permitted pursuant to the provisions of this chapter, which is owned by the City, and which has been designated as a "public skate park facility" by the City. "Roller skates " or "in -line skates" means any shoe, boot or other footwear to which one or more wheels are attached. "Scooter" means any device that has at least two wheels with a low foot board between the wheels that is steered by a handlebar and is propelled by pushing one foot against the ground while resting the other on the foot board. 1 DRAFT "Skateboard" means any platform of any composition or size to which two or more wheels are attached and which is intended to be ridden or propelled by one or more persons standing or kneeling upon it and to which there is not affixed any seat or any other device or mechanism to turn and control the wheels. 8.42.030 Rules and Regulations. A. All skaters must skate safely and responsibly. No skater may enter a public skate park facility when it is already being used to capacity. When skaters are waiting to enter, a time limit of 20 minutes per person shall be imposed. B. Persons participating in recreational activities at a public skate park facility or other areas designated by the City Council for activities, which include the use of skateboards, in -line skates or roller skates shall wear the following safety equipment at all times: helmet with fastened safety strap, elbow pads and knee pads. Those using skateboards or in -line scooters must wear shoes (no bare feet or sandals). C. All children under 12 years of age who wish to utilize a public skate park facility must be accompanied by an adult (18 or older). Non - skater shall not enter the park unless accompanying an underage child. D. The hours of the operation for a public skate park facility will be posted at each Public skate park facility. Any person attempting to use a public skate park facility during any other time shall be subject to immediate ejectment, in addition to any other penalties provided in this chapter. E. Public skate park facilities are for roller skates, in -line skates, scooters, skateboards, and BMX bikes. Any other use is not permitted in or on a public skate park facility whatsoever. No moveable obstacles or outside materials (e.g. ramps /jumps) are allowed in the park. F. Use of profanity, abusive language, violence and /or weapons is prohibited and shall result in automatic expulsion from a public skate park facility. G. Skating is not permitted when surfaces are wet, icy or slippery. H. No alcohol, drugs, smoking, glass containers, food or drink is permitted within a public skate park facility. Skating is also not permitted while being under the influence of alcohol or illegal drugs. I. Loud music or excessive noise shall not be permitted at a public skate park facility. J. No person shall enter in or on a public skate park facility with an animal. 2 DRAFT K. The Director may set forth any other rules and regulations for the use of a public skate park facility which he or she deems appropriate, provided that signs describing such rules and regulations are placed and posted pursuant to Section 8.42.040. 8.42.040 Signage and Posting Requirement. In order to provide reasonable notice to the public, the Director shall place and post signs in one or more conspicuous and visible area(s) of the skate park facility designating the facility, structure or area as a public skate park facility. The sign shall also specify the rules and regulations established pursuant to this chapter and prohibiting the activities described in this chapter. The signs required pursuant to this section shall cite the respective code section being invoked and list a method for reporting violations should they occur 8.42.050 Hazardous Recreational Activity. The use of any public skate park facility shall be deemed a hazardous recreational activity within the meaning of California Government Code Section 831.7. The City of Lake Elsinore may not be held liable for injuries incurred by persons who participate in any such hazardous recreational activity. 8.42.060 Enforcement. The Director shall have the authority to eject and expel from any public skate park facility any person who is in violation of this chapter. Any person failing to comply with the provisions of this chapter shall be subject to citation or other applicable enforcement authority available to the City. SECTION 2. If any provision, clause, sentence or paragraph of this Ordinance to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions of this Ordinance and are hereby declared to be severable. SECTION 3. This Ordinance shall take effect thirty (30) days after the date of its final passage. The City Clerk shall certify as to adoption of this Ordinance and cause this Ordinance to be published and posted in the manner required by law. 3 PASSED, APPROVED, AND INTRODUCED at a regular meeting of the City Council of the City of Lake Elsinore, California, on the day of 2015, and adopted at a regular meeting of the City Council of the City of Lake Elsinore, California, on the day of , 2015. ATTEST: Virginia J. Bloom, City Clerk APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney Mayor Steve Manos City of Lake Elsinore City Council 13