HomeMy Public PortalAboutOrd. 1529ORDINANCE NO. L59q
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LYNWOOD, CALIFORNIA AMENDING CHAPTER 3 -24.3 OF THE
LYNWOOD MUNICIPAL CODE RE- ESTABLISHING RULES AND
REGULATIONS FOR PUBLIC SKATE PARK FACILITIES
TO DELETE/INCLUDE THE REVISION OF HOURS OF OPERATION
WHEREAS, the City of Lynwood is in the process of constructing a
public skate park facility for, use by the general public for skateboarding and in -line
skating; and
WHEREAS, the City opened such a facility on or about February
12, 2000; and
WHEREAS, the City Council has determined that it is necessary to
add certain provisions to the Lynwood Municipal Code pertaining to public skate park
facilities in order to reduce the risk of injury and liability; and
WHEREAS, California Health and Safety Code Section 115800
requires local public agencies owning or operating a skate park facility to adopt an
ordinance requiring any person using the facility to wear a helmet, elbow pads and knee
pads and to post signs at the facility giving reasonable notice of these requirements in
order to avoid significant potential liability and in order to avoid maintaining regular
personnel to supervise the facility; and
WHEREAS, adding these provisions to the Lynwood Municipal
Code will serve in part to require a person using a public skate park facility to wear a
protective helmet, elbow pads, and knee pads; and
WHEREAS, The City Council finds that the provisions of this
ordinance are immediately necessary to prevent significant potential liability, to prevent
strain on the resources of the City, and for the public safety, health and welfare.
NOW, THEREFORE, THE CITY OF LYNWOOD DOES ORDAIN
AS FOLLOWS:
Section 1. Chapter 3 -24 is hereby added to the Lynwood
Municipal Code to read as follows:
Chapter 3 -24
PUBLIC SKATE PARK FACILITIES
Statement of Purpose
Definitions
Hours of Operation
Prohibited Conduct
Liability
Protective Gear; Regulations
Signage and Posting Requirements
Enforcement
Statement of 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 Lynwood.
Notwithstanding the provisions of any other chapter of the Lynwood Code, this chapter
shall also govern the use of public skate park facilities in the City of Lynwood.
Definitions.
For the purpose of carrying out the intent of this chapter, words, phrases and
terms used hereon shall have their ordinary meaning, unless otherwise indicated as
follows:
A. "Department" shall be defined as the City of Lynwood Recreation and
Community Services Department.
B. "Director" shall be defined as the Director of Recreation and Community
Services, or his or her designee.
C. "Public Skate Park Facility" shall he defined as any facility, structure or
area in which skateboarding is permitted pursuant to the provisions of this
chapter, which is owned, operated and maintained by the city, and which
has been designated as a "public skate park facility" by resolution of the
City Council.
D. "Roller Skates" or "In -Line Skates ", including roller blades, shall be defined
as any shoe, boot or other footwear to which one or more wheels are
attached.
E. "Skateboard" shall be defined as 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.
Hours of Operation.
Public skate park facilities shall be open from 3:00 p.m. to 8:00 p.m. Monday through
Friday and 12:001 p.m. to 8:00 p.m. Saturday and Sunday. It shall be unlawful for any
person to use or remain in such facilities in violation of this section without written
consent of the department. The Skate Park shall close in the event of rain, rainy
conditions or otherwise wet areas.
Prohibited Conduct.
With respect to public skate park facilities, it shall be unlawful for any person to do any
of the acts hereinafter specified:
A. Prohibited Uses: To ride or use any item other than roller skates, in -line
skates or skateboards, including but not limited to, bicycles, unicycles, go-
carts, and wagons, on the skating surface of any public skate park facility, or
to cause such items to be ridden or used on the skating surface of any public
skate park facility.
B. Alcohol: To possess any can, bottle or other receptacle containing any
Alcoholic beverage ( as the term "alcoholic beverage" is defined by the
Alcohol Beverage Control Act in the Statutes of 1935, Chapter 330, of the
State, or any a^t amendatory thereof) which has been opened, has a seal
broken, or the contents of which have been partially removed.
C. Graffiti: To allow or cause graffiti or tagging in, on, or around any part of the
skate park facility.
D. Reckless Operation: To ride or use any roller skates, in -line skates or
skateboards at a public skate facility in a reckless manner or with willful
disregard for the safety of persons or property, or to cause such items to be
ridden or used in such a manner. Stunts, tricks and luge skateboarding by
persons under 14 years of age shall be deemed to be reckless operation.
E. Refuse: To deposit or leave garbage, cans, bottles, papers, waste or refuse
of any kind in a location other than a receptacle provided for such purpose, or
to cause such items to be deposited or left in such- a- manner. If no receptacle
is provided, each person shall be responsible for removing and disposing of
such items in an appropriate manner.
F. Animals: To allow or cause any animal of any kind to be brought into any
public skate park facility.
G. Glass Containers: To allow or cause glass containers of any kind to be
brought into any public skate park facility.
Liability.
The use of any public skate park facility shall be deemed a hazardous recreational
activity within the meaning of Section 831.7 of the Government Code. The City of
Lynwood may not be held liable for injuries incurred by persons who participate in any
such hazardous recreational activity.
Protective Gear; Regulations.
Any person utilizing a public skate park facility must wear a helmet, elbow pads, and
kneepads. All such gear must be functional and protective, properly sized and designed
for their intended use at the skate park facility. Every person using the skate park
facility who is under the age of fourteen (14) must be supervised by an adult. 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 this chapter.
Signage and Posting Requirements.
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, specifying the
rules and regulations established pursuant 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.
Enforcement.
The Director or his designee 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. Criminal violations of this chapter shall be
punishable as infractions.
Section 2. This Ordinance is hereby declared for the immediate
preservation of the public safety, health and welfare, and shall take effect and be in
force from and after its passage and filing, as required by law. The following is a
specific statement showing the urgency of this Ordinance: that persons using City skate
parks would have their health and, safety endangered, and the public welfare would
suffer if the proper signs were not posted and the regulations of this Ordinance were not
enforced, and the public welfare would suffer if the City were required to place regular
personnel at the parks or if the City were held liable without the provisions of the
Ordinance in place.
Section 3. If any section, subsection, subdivision, paragraph;
sentence, clause or phrase in this Ordinance or any part thereof is for any reason, held
to be unconstitutional or invalid, or ineffective by any court of competent jurisdiction,
such decision shall not affect the validity of effectiveness of the remaining portions of
this Ordinance or any part thereof._ The__City. Council hereby declares that it would have
passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase
thereof irrespective of the fact that any one or more subsections, subdivisions,
paragraphs, sentences, clauses, or phrases be declared unconstitutional, invalid, or
ineffective.
Section 4. The Mayor of the City shall sign and the City Clerk
shall attest to the passage of this Ordinance. The Ordinance shall be effective
immediately upon its adoption hereof, the City Clerk shall cause this Ordinance to be
published in the City of Lynwood along with the record of the vote for approval and
adoption and shall post a certified copy of the full text of this Ordinance along with the
vote thereon.
First read at a regular meeting of the City Council held on the 3r'
day of December, 2002 and adopted and ordered published at a regular meting of said
Council held on the 17t' day of December, 2002.
Attest:
Andrea L. Hooper, City Clerk
Approved as to Form:
City Attorney
ORD.SKATEPARK AMENDMENT
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STATE OF CALIFORNIA }
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COUNTY OF LOS ANGELES }
I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the
foregoing Ordinance was passed and adopted by the City Council of the City of
Lynwood at a regular meeting held on the 17th day of December, 2002.
AYES: COUNCILMEN BYRD, REYES, RICHARDS, RODRIGUEZ, AND PEDROZA
NOES: NONE
ABSENT: NONE
Andrea L. Hooper, City Clerk
STATE OF CALIFORNIA }
} ss
COUNTY OF LOS ANGELES }
I, the undersigned, City Clerk of the City of Lynwood, and Clerk of the City
Council of said City, do hereby certify that the above and foregoing is a full, true and
correct copy of Ordinance No. I fi2g on file in my office and that said
Ordinance was adopted on the date and by the vote therein stated.
Dated this 17th day of December, 2002.
Andrea L. Hooper, City Clerk