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HomeMy Public PortalAboutOrd. 1493CITY OF LYNWOOD LOS ANGELES COUNTY, CALIFORNIA ORDINANCE NO. 1493 AN ORDINANCE OF THE CITY OF LYNWOOD, CALIFORNIA ADDING/MODIFYING CHAPTER 3-24 TO THE LYNWOOD MUNICIPAL CODE ESTABLISHING RULES AND REGULATIONS FOR PUBLIC SKATE PARK FACILITIES, AND DECLARING THE URGENCY THEREOF 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 1999; and WHEREAS, the City intends to open such facility on or about January 18, 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 there is public urgency and determines that the provisions of this ordinance are immediately necessary to prevent significant potentia! liability to prP~%ent strain nn the resources of the City; and for the public safety, health and welfare. NOW, THEREFORE, THE CITY COUNCIL OF 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 Requirement. Enforcement. I 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 Corona. Definitions. For the purpose of carrying out the intent of this chapter, words, phrases and terms used heroin 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 be defined as any facility, structure or area in which skateboarding, inline skating and..r'oller skating 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. until 9:00 p.m. daily, or as otherwise posted by the director. 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. 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 act amendatory thereof) which has been opened, has a seal broken, or the contents of which have ban 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 park 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. s. 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 to be an urgency measure required 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 filling, 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, or 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. Prior to the expiration of fifteen (15) days from the 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. 4 ~ :. .. t I hereby certify that the foregoing ordinance was.passed by the City Council of the City of Lynwood, at its meeting of December 21, 1999. Andrea L. Hooper, City Cler Approved: Louis Byrd, Mayor Approved as to Form and Legality C~t~i Attorney STATE OF CALIFORNIA ) SS. COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the Lynwood City Council do hereby certify that the attached and foregoing is a full, true and correct copy of Ordinance No. 1493 on file in my office and that said ordinance was first read at a regular meeting on the 21st day of December, 1999, and adopted on the 21st day of December, 1999, by the following vote: AYES: COUNCILMEN REA, REYES, RICHARDS, SANCHEZ, BYRD NOES: NONE ABSENT: NONE e City Clerk, City of Lynwood