Loading...
ORD 380ORDINANCE NO. 380 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING CHAPTER 11.96 OF THE LA QUINTA MUNICIPAL CODE TO ADD SECTION 11.96.020 SETTING FORTH REGULATIONS FOR THE USE OF SKATEBOARDING PARK AREAS WHEREAS, the City of La Quinta has determined that it is in the best interest of the community to designate certain areas within the City as skateboarding park areas; and WHEREAS, the City has carefully considered how to best regulate the use of such skateboarding park areas so as to facilitate their use and enjoyment while at the same time protecting the users of such skating facilities, pedestrians, and others from conflicts, accidents, and other eventualities which could result in injury to person or property; and WHEREAS, the California Legislature has determined that, under certain conditions, the use of skateboards at a public skateboarding facility is a hazardous recreational activity within the meaning of Section 831 .7 of the California Government Code which limits the City's exposure to liability for injuries incurred by persons who participate in any such hazardous recreational activity; and WHEREAS, pursuant to Health and Safety Code Section 115800, the City must adopt an ordinance requiring any person riding a skateboard at the facility to wear a helmet, elbow pads, and knee pads. THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. That Chapter 11.96 of the La Quinta Charter and Municipal Code is hereby amended to add Section 11.96.020, which reads as follows: Section 11.96.020 Use of Skateboarding Park Areas: A. All persons using a skateboarding park area within the City shall obey all rules and regulations posted in any such area. In addition, all persons within a skateboarding park area in the City shall comply with the following requirements. (a) No person shall skate or skateboard within a skateboarding park area at times other than those established as the hours of operation. The hours of operation shall be 6:00 a.m. to 10:00 P.M. Ordinance No. 380 Amendment to Chapter 11.96 Regulations / Skateboarding Park Areas Adopted: January 21, 2003 Page 2 (b) No person under the age of 14 shall use the skateboarding park area unless supervised by a person at least 25 years of age. The supervising person must assume full responsibility for the person under the age of 14 using the skateboarding park area; (c) No person shall skate or skateboard when the skateboarding park area is wet or when hazardous conditions, such as irregularities in the skating surface or skateboarding park area exist; (d) No person shall cause or initiate any act of violence or harass another person inside or around the skateboarding park area; (e) Only skateboards and in -line skates can be used in the skateboarding park area. Use of other equipment, such as bicycles or scooters within the skateboarding park area is prohibited; (f) No person shall use the skateboarding park area unless they wear proper safety equipment including a helmet, elbow pads, and knee pads properly sized and designated for the intended use; (g) No person shall consume food or drink in the skateboarding park area; (h) No person shall use alcohol or drugs or smoke in the skateboarding park area or surrounding areas; (i) All persons using the skateboarding park area must place trash in cans provided by the City; (j) No person shall cause graffiti or tagging in or around the skateboarding park area; (k) No person shall skateboard or skate on curbs, planters, benches, steps, railings, fences, playground equipment, driveways or areas intended for uses other than skating within the area surrounding the skateboarding park area; (1) No unauthorized pieces of equipment, obstacles or apparatus may be brought into the skateboarding park area; (m) No spectators are permitted within the area designated for skateboarding; (n) Reckless or destructive skating that jeopardizes the safety of persons or property is prohibited; (o) Glass containers are prohibited in the skateboarding park area; (p) All organized events shall have prior written approval from the Community Services Department; (q) Animals are not allowed in the skateboarding park area. B. A violation of any section in this Chapter is deemed to be an infraction and is punishable according to the provisions of this Code (Chapter 11.96 § 11.96.020). Ordinance No. 380 Amendment to Chapter 11.96 Regulations / Skateboarding Park Areas Adopted: January 21, 2003 Page 3 SECTION II. SEVERABILITY. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of La Quinta hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause; phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions thereof may be declared invalid or unconstitutional. SECTION III. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after its adoption. SECTION IV. POSTING. The City Clerk shall within fifteen (15) days after passage of this Ordinance, cause it to be posted in at least three (3) public places designated by resolution of the City Council; shall certify to the adoption and posting of this Ordinance; and shall cause this Ordinance and its certification, together with proof of posting to be entered into the Book of Ordinances of the City of La Quinta. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 21 st day of January, 2003, by the following vote: AYES: Council Members Henderson, Osborne, Perkins, Sniff, Mayor Adolph NOES: None ABSENT: None ABSTAIN: None DON AD LPH, ayor City of La Quinta, California Ordinance No. 380 Amendment to Chapter 11.96 Regulations / Skateboarding Park Areas Adopted: January 21, 2003 Page 4 ATTEST: JUNE REEK, CMC, City Jerk City of La Quinta, California (CITY SEAL) APPROVED AS TO FORM: M. KATH [NE JENSO City Attorney City of La Quinta, California Ordinance No. 380 Amendment to Chapter 11.96 Regulations / Skateboarding Park Areas Adopted: January 21, 2003 Page 5 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE) ss. CITY OF LA QUINTA ) I, JUNE S. GREEK, City Clerk of the City of La Quinta, California, do hereby certify the foregoing to be a full, true and correct copy of Ordinance No. 380 which was introduced at a regular meeting held on the 7" day of January, 2003, and was adopted at a regular meeting held on the 21 st day of January, 2003, not being less than 5 days after the date of introduction thereof. I further certify that the foregoing Ordinance was posted in three places within the City of La Quinta as specified in a Resolution of the City Council. JU . GREEK, CMC, Clerk City of La Quinta, California DECLARATION OF POSTING I, JUNE S. GREEK, City Clerk of the City of La Quinta, California, do hereby certify that the foregoing ordinance was posted on January 31, 2003, pursuant to Council Resolution. J GREEK, CMC, y Clerk City of La Quinta, California