HomeMy Public PortalAboutOrdinance 7571/23/96
ORDINANCE NO. 757
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF BEAUMONT ADDING SECTION 10.38 TO THE
BEAUMONT MUNICIPAL CODE RELATING TO SKATEBOARD AND
ROLLER SKATE USE ON DESIGNATED CITY -OWNED PROPERTY
RECITALS
WHEREAS, the City Council has found and determined that the
popularity of roller-skating and skateboarding has substantially
increased in recent years, and such popularity is expected to
increase among children and adults as a form of recreation and
transportation; and
WHEREAS, as a result of such increase in popularity,
roller-skating and skateboarding, like bicycles, will not fade
away as a mere fad but appears to be as natural a mode of
recreation and transportation as biking; and
WHEREAS, as long as roller-skating and skateboarding
continues to grow in popularity and continues to occur on city
streets, parking lots, and other public facilities the potential
for creating public nuisances will increase; and
WHEREAS, the City Council was petitioned by a substantial
number of young citizens for permission to use certain City -owned
property, such as the City Hall parking lot, for the purpose of
practicing their skating skills; and
WHEREAS, the City Council has found and determined that there
is no privately -owned or operated facility for roller-skating and
skateboarding enthusiasts within the City and that in order to
engage in such activities, the youth of our City must resort to
streets and sidewalks and other unsafe places; and
WHEREAS, that in addition to providing public swimming
facilities and parks with playgrounds, the City Council has found
and determined that the CITY should also provide one or more
designated areas on City -owned property for use thereof by
roller -skaters and skateboarders.
NOW, THEREFORE, the City Council of the City of Beaumont,
California, hereby ordains as follows:
Section 1. Skateboarding and Roller -Skating
Chapter 10.38 is added to the Beaumont Municipal Code to read
as follows:
Section 10.38.010 Definitions
For purposes of this Ordinance only, the following
definitions shall apply:
a. "Roller Skates" shall mean and include any
footwear or device which may be attached to the foot or
footwear to which wheels are attached and such wheels
may be used by the wearer in moving, including in-line
skates known as "roller blades". The definition of
these terms shall include a single roller skate, or
parts thereof, used by the wearer in moving.
b. "Skateboard" or "Skateboards" shall mean and
include any board of any material which has wheels
attached to it where such wheels may be used for
movement or propulsion.
c. "Official Sign" shall mean and include a sign
which meets the specifications set by the Beaumont
Police Department and which prohibits, authorizes or
otherwise regulates the operation of roller skates
and/or skateboards.
Section 10.38.020 Designated Areas
The City Council may, from time to time, designate by
resolution certain areas for the use of roller skates and
skateboards. Such areas shall be posted with official signs
that shall contain, at a minimum, the following information:
a.
permitted
b.
specified
That skateboarding and roller-skating is
in the designated area;
That such activities are permitted only on
days of the week and hours during such days;
c. That all skaters and skateboarders shall wear
a helmet, elbow pads and knee pads pursuant to
California Health and Safety Code, Section 25906;
d. That no skateboarding or roller-skating shall
be permitted between sunset and sunrise the following
day unless the designated area is adequately lighted;
e. That no roller skater or skateboarder shall
impair his or her hearing, vision or mental faculties
by, for example, wearing headphones, mask or hood, or
using drugs or alcohol;
2
f. That users do so at their own risk, and shall
assume unconditional responsibility for the safety of
themselves, other skaters and passersby;
g. That the designated area must be kept clean
and that any debris or other material left by the users
of the designated area will result in the revocation of
the privilege to use the designated area for
roller-skating and skateboarding purposes;
h. That violation of the rules and regulations
governing the use of the designated area for
roller-skating and skateboarding shall constitute an
infraction, punishable by a fine of not less than $25.00
nor more than $150.00, and that any roller skates or
skateboards used in the violation of any such rule or
regulation shall be seized and impounded by the
enforcing officer and held by the City pending a
determination that the same is no longer needed for
evidentiary purposes;
i. That failure to abide by the rules shall
result in closure of the area to skaters; and
j. That violations and violators are to be
reported to the Beaumont Police Department at
(909)769-8500.
Section 10.38.030 Skateboarding or Roller -Skating on
Private Property
No person shall ride, propel, or in any manner operate a
skateboard or roller skate on, along or over any privately -
owned property in the City where the owner, manager or other
person in charge has prohibited the same.
The prohibition set forth in this Section shall not
apply until notice has been provided by means of official
signs placed in locations and in sufficient numbers so that
they are reasonably likely to be seen by those engaging in
the prohibited activities. For purposes of this Section,
"private property" shall be deemed to include property owned
by other public agencies within the City of Beaumont.
3
Section 10.38.040 Skateboarding or Roller -Skating as a Nuisance
No person shall use a skateboard or roller skates within or on an area designated for such
activities by the City Council in a manner which creates a nuisance. For purposes of this
Section, "nuisance" is defined as an activity which:
a. Violates the rules and regulations set forth on official signs posted at the
designated area; or
b. Creates an obstruction or presents a hazard to the free use of public or private
property by pedestrians or motorists; or
c. Generates loud or unreasonable noise.
Section 10.38.050 Parents of Roller Skate/Skateboard Riders
The parent of any child, and/or guardian of any ward, shall not authorize or knowingly
permit any such child or ward to violate any provisions of this Ordinance.
Section 2. Effective Date: Publication
This Ordinance shall become effective upon commencement of the 31st day after the day of
its passage. The City Manager is hereby directed to publish this Ordinance and Resolution
No. 1996-03 in a newspaper of general circulation within the City within 15 days of
adoption hereof.
MOVED AND PASSED upon at the first reading this 23rd day of January, 1996, by the
following roll call vote:
AYES: Mayor Leja, Councilmembers Parrott, Westcot and Zeller.
NOES: None.
ABSTAIN: None.
ABSENT: Mayor Pro Tem Berg
Njac
CITY CL
YOR OF THE CITY BEAUMONT
CERTIFICATION
The foregoing is certified to be a true copy of Ordinance 757 duly introduced at a regular meeting
of the City Council on January 23, 1996, and was duly adopted upon a second reading on February
2 g , 1996 by the roll call votes indicated herein.
AYES: mayor Leja, Mayor Pro Tem Berg, Councilmembers Parrott,
Westcot and Zeller.
NOES: None.
ABSTAIN: None.
ABSENT: None.
From the Office of:
£?ity of BEaunzont
550 East Sixth Street
P.O. Box 158
Beaumont, CA 92223-0158
FAXGRAM
714-845-1171
FAX 845-8483
TO:
FROM:
41011Ir
DATE: 3 g‘
NUMBER OF PAGES(c>
Inc ding this Page
MESSAGE:
.4i e �� ��.w�tiJ r�,u�.o . 3hkG .
off✓ -a-0 �..ctae—
9 -
IF YOUR COPY IS NOT CLEAR, OR THERE IS A PROBLEM WITH THE
TRANSMISSION, ADVISE BY RETURN FAX OR CALL 76 9 - F 2 4'
Transmitted:
Time:
Operator: