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Home My Public Portal AboutOrdinance 757 (2)1/23/96 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. That skateboarding and roller-skating is permitted in the designated area; b. That such activities are permitted only on specified 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 CITY CL MAYOR OF THE CITY a 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 26 , 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. ORDINANCE NO. 758 An Ordinance of the City Council of the City of Beaumont Adding Chapter 13.21 to Beaumont Municipal Code Relating to Mobile Home Park Rent Stabilization INDEX 13.21.010. Title 1 13.21.020. Statement of Purpose and Findings 1,2 13.21.030. Application 2 13.21.040. Definitions 2,3,4 13.21.050. Exemptions from Coverage 4,5 13.21.060. Registration and Fees 5,6 13.21.070. Space and Rent Ceiling or Maximum Allowable Space Rent 6 13.21.080. Space Rent Ceiling Adjustment -Initial Adjustment 6,7 13.21.090. Space Rent Ceiling Adjustment Annual Adjustment 7,8,9,10 13.21.100. Required Certification on Rental Adjustment Notice 10 13.21.110. Petition by Tenant 10,11,12 13.21.120. Petition by Landlord 12 13.21.130. Appeal to Arbitrator or Board 12 13.21.140. Arbitration 12,13 13.21.050. Selection of Arbitration 13 13.21.060. Conduct of proceedings 13,14 13.21.070. Appeal to Court 14 13.21.080. Priorities 14 13.21.090. Rent Adjustment Regulations 14,15 13.21.200. Net Operating Income 15 13.21.210. Gross Income 15,16 13.21.220. Allowable Operating Expenses 16,17 13.21.230. Operating Expenses not Allowable 17,18 13.21.240. Presumption of Fair Base Year Net Operating Income 18 13.21.250. Rebutting the Presumption 18,19 13.21.260. Determination of Base Year Net Operating Income 19 13.21.270. Determination of Current Year Net Operating Income 19,20 13.21.280. Schedule of Increase in Operating Expenses 20 13.21.290. Discretionary Considerations 20 13.21.300. Increase Pending Hearing 20 13.21.310. Rent Adjustments for Reduction in Utility Services 20,21 13.21.320. Quantum of Proof and Burden of Proof 21 13.21.330. Remedies for Violation 21,22 13.21.340. Periodic Review of Ordinance 22 13.21.350. Severability 22 13.21.060. Ordinance to be Liberally Construed 22 13.21.070. Prospective Effect 22 13.21.080. Effective Date 22 13.21.090. Repeal 22