Chapter 16.1 — PARKS AND RECREATION

Footnotes:

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Editor's note— Ord. No. 515, § 1, adopted July 17, 2018, repealed Ch. 16.1, §§ 16.1-1—16.1-3, and enacted a new Ch. 16.1 as set out herein. Former Ch. 16.1 pertained to similar subject matter and derived from Ord. No. 450.

The purpose of this chapter is to promote the public peace and the health, safety, and welfare of the residents of the City of Alturas by establishing regulations for the use of skate parks operated within the City of Alturas. This chapter does not limit any available civil or criminal remedies in regard to any conduct proscribed herein. The city council hereby declares that skateboarding is a hazardous recreational activity. Individuals using a skate park in the City of Alturas shall assume all risk of injury or loss.

(Ord. No. 515, § 1, 7-17-2018)

The City of Alturas designates and maintains as a public skate park facility (hereinafter "skate park") that area located East of Nagle Street between W. 8th and W. 4th Streets, between the proposed Alturas Municipal Pool sight and the Junior Livestock Grounds.

(Ord. No. 515, § 1, 7-17-2018)

For the purpose of carrying out the intent of this chapter, words, phrases and terms used herein shall have their ordinary meaning unless otherwise indicated as follows:

"Department" means the City of Alturas, Public Works and/or Planning Department.

"Designated skate park" means an area within a park or other public property which is posted as a skate park permitting one or more skate activities, and which is reserved exclusively, either during all hours of operation, or during posted times, for one or more skate activity.

"Director" means the director of public works and/or planning, as well as his or her designee.

"In-line skates," including roller blades and roller skates, is defined as any shoe, boot or other footwear to which one or more wheels are attached.

"Public skate park facility" is 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 ordinance of the city council.

"Sidewalk" means that portion of a road, street or highway designed or ordinarily used for pedestrian travel and includes any pedestrian walkways in any parks within the commercial or business districts of the city.

"Skateboard" is 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 to where there is not affixed any seat or any other device or mechanism to turn and control the skateboard.

(Ord. No. 515, § 1, 7-17-2018)

It shall be unlawful for any person to use a motorized vehicle on any constructed portion of any skate park in city limits.

(Ord. No. 515, § 1, 7-17-2018)

(a)

It is unlawful for a person to ride or use a skateboard, scooter, bicycle, in-line skates, or roller skates in the skate park unless that person is wearing a helmet, elbow pads, and knee pads, pursuant to California State Health and Safety Code section 115800(a). Shirt and shoes are also required at all times.

(1)

All safety equipment shall be functional, properly sized, and in good repair. Helmets shall conform to state standards relating to bicycle safety helmets.

(2)

The director may set forth any other rules and regulations for use of a public skate park facility, which the director deems appropriate as long as those rules and regulations are posted on signs and placed pursuant to the terms and provision of this chapter.

(Ord. No. 515, § 1, 7-17-2018)

(a)

Skateboarding, scootering and in-line skating are deemed hazardous recreational activities, within the meaning of Government Code section 831.7, and by Health and Safety Code sections 115800 and 115800.1 under specified conditions.

(b)

The City of Alturas adopts the pertinent state law definitions of hazardous recreational activities and affirms that use of the skate park is deemed a hazardous recreational activity to the fullest extent permitted by law.

(c)

In conformity with Health and Safety Code sections 115800 and 115800.1, and California Government Code section 831.7:

(1)

The city designates the skate park, located west of Nagle Street in Alturas, California, a recreational area in which skateboarding and other wheeled recreational devices are permitted.

(2)

The city shall post notice advising the public that skateboarding and other recreation involving wheeled recreational devices as defined by the State of California are permitted; and in the designated facility, each is deemed a hazardous recreational activity and that the city, its employees and representatives shall not be liable for injuries incurred by participants. Any person(s) entering the facility assumes all risk of injury or death.

(Ord. No. 515, § 1, 7-17-2018)

No person shall ride a bicycle, roller skates, or skateboard upon any sidewalk in the business district of the city as defined in Alturas Municipal Code sections 22-1 and 22-1.5.

No person shall ride, drive or run any bicycle of any kind upon or over any sidewalk or part thereof that borders any public street of the city. (Ord. No. 98, § 1.)

No person shall ride, drive or run any skateboard or roller skates of any kind upon or over any sidewalk or part thereof which is parallel to and adjacent to Main Street, State Highway 395, in the city. (Ord. No. 395, § 1.)

(Ord. No. 515, § 1, 7-17-2018)

No person shall operate or ride a skateboard, in-line skates or similar device upon any sidewalk, street or parking area in any manner which endangers the safety of any other person or property or restricts the movement of pedestrians.

(Ord. No. 515, § 1, 7-17-2018)

The skate park facility shall be open during daylight hours or other hours posted by the director. Every person who occupies or is present in the skate park after dark is in violation of this Code at the discretion of local law enforcement.

(Ord. No. 515, § 1, 7-17-2018)

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 the skate park facility, specifying the rules and regulations established pursuant to this chapter, and prohibiting the activities described in this chapter.

(Ord. No. 515, § 1, 7-17-2018)

It shall be unlawful for any person within the skate park facility, to include parking areas and those areas not specifically designed for skating, to be in violation of the following rules of conduct and such persons shall be subject to fines, expulsion from the park and/or criminal prosecution pursuant of the City of Alturas Municipal Code and the State of California Penal Code:

(1)

Skaters shall be respectful, responsible and safe.

(2)

Skaters under twelve years of age shall be accompanied by an adult at least eighteen years of age.

(3)

All skaters shall wear a helmet, knee pads, and elbow pads, shirt and shoes at all times when skating.

(4)

All skateboards, skates, and safety equipment shall be in good repair and fit skater properly.

(5)

Graffiti, damage and defacing city property is prohibited. Any person putting graffiti on any part of the skate park facility shall pay for the cost of removal and damages thereof. Parents and guardians are liable for such costs under California Civil Code section 1714.1(b).

(6)

Use of amplified music is prohibited unless by permit issued by the City of Alturas Public Works or Planning Director.

(7)

Use of profanity and/or gestures or verbiage that would elicit a violent response is prohibited.

(8)

Food and drink (except water) is prohibited on the skating surface.

(9)

Glass containers are prohibited in any area within the skate park facility.

(10)

Smoking or alcoholic beverages are prohibited anywhere within twenty feet of the skate park facility.

(11)

No person shall bring structures, obstacles, or other materials, such as ramps or jumps, into the skate park.

(12)

All skaters must wear shirts and shoes while on the skate park property.

(13)

Organized events must be approved via permit issued by the parks and recreation director or designated staff.

(14)

Any activity that constitutes dangerous or reckless behavior that has the potential of injuring another skater is prohibited.

(15)

Animals are prohibited inside the skate park facility.

(16)

The skate park shall be deemed "open" from sunrise to set. No activity is permitted on skate park grounds after daylight hours.

(17)

No person shall litter or place trash or debris in or on the skating surface. All trash shall be placed in a designated trash receptacle.

(18)

No person shall have a generally prohibited weapon in his/her possession as defined by California Penal Code section 16590 or a deadly weapons which is any object, instrument, or weapon that is inherently deadly or one that is used in such a way that it is capable of causing and likely to cause death or great bodily injury as defined by California Penal Code section 245(a)(1).

(19)

The director is authorized to post additional rules that he/she determines are necessary for the safe operation of the designated skate park.

(Ord. No. 515, § 1, 7-17-2018)

The director or his designee and local law enforcement shall have the authority to eject and expel from the skate park facility any person who is in violation of this chapter or any other park rules or regulations. Any person failing to comply with the provisions of this chapter shall be subject to citation, fine(s), loss of privileges, removal or other applicable enforcement authority available to the City of Alturas.

(Ord. No. 515, § 1, 7-17-2018)

(a)

Any violation of the provisions of this chapter shall be deemed to be an infraction for the first offense and punishable by a fine not exceeding one hundred dollars. A second offense within one calendar year may be punishable by a fine not exceeding two hundred fifty dollars, and a third or subsequent infraction within a calendar year may be punishable and may result in the violator losing his or her right to use the skate park facility for up to one year. Additionally, any person found by a preponderance of the evidence to have violated any provision of this chapter may lose his or her privilege to use the skate park facility for up to one year, or longer, depending on the severity of the offense.

(b)

Any violation of the provisions of this chapter shall be deemed to be an infraction or misdemeanor at the discretion of the city attorney or district attorney, and punishable as such. The complaint charging such violation shall specify whether the violation is a misdemeanor or an infraction. Each day a violation of any provision of this chapter continues shall be a new and separate violation. Any person cited and convicted of three or more violations of this chapter shall be permanently barred from the use of or entrance to a skate park.

(c)

In addition to the penalties so described, any police officer or other person authorized to issue citations shall have the authority to impound any skateboard, bicycle, scooter or roller skates of a person found violating this chapter. Upon impoundment of any skateboard, bicycle, scooter, or roller skates as provided

herein, the owner of such device shall be issued a receipt. Said receipt shall state the hours, location, time frame and manner for claiming the impounded skateboard bicycle, scooter, or roller skates, as provided in subsections (c)(1) and (2) of this section.

(1)

Upon presentation of the receipt, the owner may claim the impounded skateboard, bicycle, scooter, or roller skates at the police department during business hours. If the owner is a minor, such owner may claim the impounded skateboard, bicycle, scooter, or roller skates if accompanied by a parent or guardian. No fee may be assessed on the owner, parent or guardian.

(2)

If the impounded skateboard, bicycle, scooter, or roller skates is/are not claimed within sixty days after the date of impoundment, the city may dispose of the item(s) by destruction or public sale at auction.

(d)

Any provision of this Code or appendices thereto inconsistent with the provisions of this chapter, to the extent of such inconsistencies and no further, is hereby repealed or modified to the extent necessary to prevent conflict with the terms of this chapter.

(e)

If any section, subsection, paragraph, sentence, clause, phrase or portion of this chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter.

(f)

Funds collected as fines, resulting from violation of the provisions stated herein and others mandated by the director, are subject to be deposited in an account which solely and specifically uses monies deposited to provide maintenance and structural integrity of skate parks within the City of Alturas.

(Ord. No. 515, § 1, 7-17-2018)

Any person(s) who fails or refuses to comply with the provisions of this chapter and who is injured while using the skate park shall be deemed negligent per se.

(Ord. No. 515, § 1, 7-17-2018)

The City of Alturas skate park is an unsupervised skating venue. At all times skaters under twelve years of age must be accompanied by an adult at least eighteen years of age.

(Ord. No. 515, § 1, 7-17-2018)