HomeMy Public PortalAboutOrd. 1494CITY OF LYNWOOD
LOS ANGELES COUNTY, CALIFORNIA
ORDINANCE NO. 1494
AN ORDINANCE OF THE CITY OF LYNWOOD,
CALIFORNIA ADDINGlMODIFYING CHAPTER 3-24
TO THE LYNWOOD MUNICIPAL, CODE
ESTABLISHING RULES AND REGUI-ATIONS FOR
PUBLIC SKATE PARK FACILITIES
public skate park f~ linty for use by he general public for skateboarding and in hnea
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
WI-~REAS, 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 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 FACII,ITIES
____ Statement of Purpose.
____ Definitions.
____ Hours of Operation.
____ Prohibited Conduct.
- Liability.
_.__ Protective Gear; Regulations.
- Signage and Posting Requirement.
____ 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 Corona.
____ 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 be defined as any facility, structure or area in which
skateboarding, inline skating and roller 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 9:00 a.m. until 9:00 p.m. daily, or as
otherwise pasted by the director. Between the hours of 9:00 a.m. and 3:00 p.m. the Skate
Park is only open to individuals 18 and over. Between the hours of 3:00 p.m. and 9:00
p.m. the skate park is open to all age groups. It shall be unlawful for an
remain in such facilities in violation of this section without written consentof the to use or
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
skateboazds, 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 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 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.
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 faith 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 cha ter. An
failing to comply with the provisions of this chapter shall be subje t to citation o~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 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.
I hereby certify that the foregoing ordinance was passed by the City Council of
the City of Lynwood, at its meeting of July 5, 2000.
Andrea L. Hooper, City Clerk
Approved:
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Louis Byrd, Ma or
Approved as
City
orm and Legality
STATE OF CAL>DE'ORNIA
COITNTY OF LOS ANGELES oSS.
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. 1494 on file in my office and that said ordinance was first read at a
regular meeting on the BOt'' day of June, 2®OU, and adopted on the 5~' day of
July, 200, and becomes effective after 30 days, by the following vote:
AYES: COUNCILMEN RfA, REYES, RICHARDS, SANCHEZ, BYRD
NOES: NONE
ABSENT: NONE
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City Clerk, City of Lynwood