HomeMy WebLinkAboutID# 14-555 Second Reading & Adoption Ordinance No. 2015-1335 Public Skate Park FacilitiesCITY OE
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REPORT TO CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
FROM: Grant Yates, City Manager
DATE: April 28, 2015
SUBJECT: Second Reading and Adoption of Ordinance No. 2015 -1335
Regarding Public Skate Park Facilities
Recommendation
It is recommended that the City Council waive further reading and adopt by title only
Ordinance No. 2015 -1335, 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.
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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.
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.
On April 14, 2015, an ordinance was introduced to establish a comprehensive set of rules
and regulations for the use of these facilities to enhance the user experience, reduce the
potential for injury, and take advantage of certain immunities accorded public agencies.
The ordinance establishes rules along with consequences for violations by a skate park
participant. The new municipal code also satisfies the State's requirements that skate
park operators require the wearing of helmets, elbow pad and knee pads, which in turn
provides certain critical immunities to a public agency operating a skate park. In the
absence of operator supervision, a public skate park must include signage reciting the
rules and regulations specified in the ordinance.
The proposed ordinance was previously presented and approved by the Public Safety
Advisory Commission.
Ordinance Regarding Public Skate Park Facilities
April 28, 2015
Page 2 of 2
Discussion
At the meeting of April 14, 2015, two primary areas of concern were presented by the City
Council for further consideration.
First, there was a question regarding the use of the skate park by both skaters and BMX
bikes. At this time, the park would be open for roller skates, in -line skates, scooters,
skateboards, and BMX bikes.
Second, concerns were expressed about the proposed age restrictions. California Health
& Safety Code section 115800 and Government Code section 831.7 provide public
entities with certain immunities from liability arising out of a person's participation in a
"hazardous recreational activity." Skateboarding at a public skate park is considered a
"hazardous recreational activity" if certain conditions are met.
To meet these conditions for immunity from liability, the skateboarder must be 12 years
of age or older and using a "stunt, trick, or luge skateboard."
This is a requirement for the immunity only; state law does not mandate that the City
adopt an age restriction. However, if a boarder is younger than 12, the immunity from
liability under these state law provisions would not apply to that injured boarder regardless
of whether the City requires such young boarder to be supervised or not.
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an adult in order to encourage adult supervision of underage skateboarders and thereby
mitigate the risk of injury. The proposed rules outlined in the ordinance will be posted
clearly on signage at skate parks to encourage adult supervision of those under the age
of 12.
Therefore, no substantial revisions have been made to the ordinance as introduce and it
is now being presented for the second reading and adoption as part of the Lake Elsinore
Municipal Code.
Prepared by:
Approved by:
Nicole Dailey, Management Analyst
Grant Yates, City Manager
Attachment: Ordinance No. 2015 -1335 regarding Public Skate Park Facilities
ORDINANCE NO. 2015 -1335
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.
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"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
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.
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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.
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PASSED, APPROVED, AND INTRODUCED at a regular meeting of the City
Council of the City of Lake Elsinore, California, on the — day of 1
2015, and adopted at a regular meeting of the City Council of the City of Lake Elsinore,
California, on the _ day of _, 2015.
Mayor Steve Manos
City of Lake Elsinore City Council
ATTEST:
Virginia J. Bloom, City Clerk
APPROVED AS TO FORM:
Barbara Zed Leibold, City Attorney
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