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ORD 458ORDINANCE NO. 458 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA AMENDING TITLE 11 OF THE LA QUINTA MUNICIPAL CODE BY AMENDING CHAPTER 11.96.020 WHEREAS, the City of La Quinta has determined it is the best interest of the community to provide a designated skateboarding area; and WHEREAS, the City has carefully considered how to best regulate the use of such designated skateboarding 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, or other eventualities which could result in injury to person or property; and WHEREAS, the use of any public skateboarding areas shall be deemed a hazardous recreational activity within the meaning of Section 831.7 of the Government Code and the City may not be held liable for injuries incurred by persons who participate in any such hazardous recreational activity. THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. That Chapter 11.96.020 of the La Quinta Charter and Municipal Code is hereby amended to read as follows: 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: 1 . 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 six a.m. to ten p.m.; 2. No person under the age of twelve shall use the skateboarding park area unless supervised by a person at least twenty-five years of age. The supervising person must assume full responsibility for the person under the age of twelve using the skateboarding park area; 3. 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; Ordinance No. 458 Use of Skateboarding Park Areas Adopted: August 5, 2008 Page 2 4. No person shall cause or initiate any act of violence or harass another person inside or around the skateboarding park area; 5. 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; 6. 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; 7. No person shall consume food or drink in the skateboarding park area; 8. No person shall use alcohol, drugs or smoke in the skateboarding park area or surrounding areas; 9. All persons using the skateboarding park area must place trash in cans provided by the city; 10. No person shall cause graffiti or tagging in or around the skateboarding park area; 11 . 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; 12. No unauthorized pieces of equipment, obstacles or apparatus may be brought into the skateboarding park area; 13. No spectators are permitted within the area designated for skateboarding; 14. Reckless or destructive skating that jeopardizes the safety of persons or property is prohibited; 15. Glass containers are prohibited in the skateboarding park area; 16. All organized events shall have prior written approval from the Community Services Department; 17. Animals are not allowed in the skateboarding park area; Ordinance No. 456 Use of Skateboarding Park Areas Adopted: August 5, 2005 Page 3 B. Any violation of any section in this chapter is deemed to be an infraction and is punishable as such according to the provisions of this code and state law. SECTION 2. 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 3. EFFECTIVE DATE: This Ordinance shall be in full force and effect thirty (30) days after its adoption. SECTION 4. POSTING: The City Clerk shall within fifteen (15) days after passage of this Ordinance, cause it to be posted in at least three 13) 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 this 5`h day of August, 2008, by the following vote: AYES: Council Members Henderson, Kirk, Osborne, Sniff, Mayor Adolph NOES: None ABSENT: None ABSTAIN: None ON ADO PH, M or City of La Quinta, California Ordinance No. 458 Use of Skateboarding Park Areas Adopted: August 5, 2008 Page 4 ATTEST: VERONICA JNTECINO, CMC, City Clerk City of La Q ta, California (SEAL) APPROVED AS TO FORM: M. K T ERINE JEN ,City Attorney City of La Quinta, California Ordinance No. 458 Use of Skateboarding Park Areas Adopted: August 5, 2008 Page 5 STATE OF CALIFORNIA 1 COUNTY OF RIVERSIDE) ss. CITY OF LA QUINTA 1 I, VERONICA MONTECINO, 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. 458 which was introduced at a regular meeting on the 15`" day of July, 2008, and was adopted at a regular meeting held on the 5`h day of August, 2008, not being less than five 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 City Council Resolution No. 2006-115. VERONICA MONTECINO, CMC, City Clerk City of La Quinta, California DECLARATION OF POSTING I, VERONICA MONTECINO, City Clerk of the City of La Quinta, California, do hereby certify that the foregoing ordinance was posted on ~C /S~ pursuant to Council Resolution. ~ V VERONICA MONTECINO, CMC, City Clerk City of La Quinta, California