Atwater Municipal Code Ch. 10.59 Skateboard and Skating Area

It is the intent and purpose of the City Council in adopting the ordinance codified in this chapter to designate and to establish regulations for the safe use of public skateboard and skating areas within the City of Atwater.

(Ord. CS 854, 3-28-2005)

The terms used in this Article shall have the following meanings:

A. Roller Skates, In-Line Skates, or Roller Blades. A shoe or similar device worn on the foot that has wheels or a cylindrical device affixed to its sole and which would enable the wearer to skate or propel oneself in sidewalks, gutters, streets, or other hard surfaces.

B. Scooter. A platform or footboard mounted on wheels controlled by an upright steering handle and which is propelled by human power.

C. Skateboard. A platform or footboard mounted on wheels, which is propelled by human power.

D. Bicycle. A vehicle with two wheels in tandem mounted between a frame controlled by upright handlebars for steering and propelled by pedals.

E. Unicycle. A vehicle with one wheel mounted to a frame propelled by pedals.

(Ord. CS 854, 3-28-2005)

The only public area, designated within the City of Atwater for skateboarding and skating pursuant to this chapter is:

A. The skateboard park facility located within Osborn Park, at 501 E. Bellevue Road, north of the Atwater Community Center.

(Ord. CS 854, 3-28-2005)

Notwithstanding the provisions of Chapter 10.58 of this code, no person shall use, or permit a minor for whom he or she is responsible to use, a designated skateboarding and skating area unless the person or minor, while riding a skateboard or using skates, in-line skates or roller blades, is wearing proper safety equipment including at least a helmet, elbow pads, and knee pads. Use of designated skateboarding and skating area shall also be subject to additional rules and regulations adopted by resolution of the City Council.

A. The City of Atwater skating facility is an UNSUPERVISED skating venue. "Skateboarding is a hazardous recreational activity. Use of this facility may result in death, paralysis, brain damage, broken bones or other serious injury. Any use of this facility is at your own risk. The City of Atwater does not assume any responsibility for injuries." (Reference Government Code Section 831.7)

B. All users are required to wear helmets, kneepads and elbow pads, per Section 10.59.040 of the Atwater Municipal Code. Any person failing to do so will be guilty of an infraction and subject to citation resulting in assessment of fines.

C. Use of this facility is limited to human propelled skateboards, in-line skates, roller blades and roller skates. The use if bicycles, tricycles, unicycles, scooters and/or any type of motorized vehicles in the facility is strictly prohibited.

D. The use of tobacco, drugs or alcohol is prohibited in or around the skating facility.

E. Hours of operation: 10:00 a.m. to sunset. Loitering, trespassing, or other presence during hours of non-operation are strictly prohibited.

F. In respect of other park users, please keep noise to a minimum.

G. Absolutely no food and drink allowed in the skating facility.

H. Glass containers are prohibited in or around the skating facility.

I. Users shall place all trash in designated trash receptacles provided.

J. Use of the skating facility during inclement weather or wet conditions is strictly prohibited.

K. No loitering or trespassing during hours of non-operation.

L. Users shall protect the skating facility from vandalism and graffiti. Aggressive and abusive behavior is prohibited. Use of profanity is not permitted.

M. Additional obstacles or other materials (ramps, jumps, etc.) are prohibited in the skating facility.

N. All individuals must inspect the skating facility prior to each use. Users shall not use the skating facility if a hazardous condition exists. Any damage, vandalism or hazardous condition should be reported to the Community Services Department at (209) 357-6320.

O. No amplified music, organized events or formal contests allowed without prior written approval from the Community Services Department.

P. Any participant under the age of 14 must be accompanied by a parent or guardian.

Q. In case of emergency, call 911.

(Ord. CS 854, 3-28-2005)

The City of Atwater shall cause a sign or signs to be posted at each designated skateboarding and skating area providing reasonable notice of the provisions of Section 10.59.040 of this Chapter ("Exhibit A") and any other rules and regulations adopted by resolution of the City Council, and stating that any person failing to comply with those provisions will be guilty of an infraction and subject to citation.

(Ord. CS 854, 3-28-2005)

Violation of any provision of Section 10.59.040 or other rules and regulations adopted by resolution of the City Council shall be an infraction, with penalties as set forth in Section 1.01.110, inclusive, of this code. The City reserves the right to remove any person from designated skateboarding and skating area who violates any of the rules and regulations listed in Section 10.59.040 above and/or is acting negligently, carelessly, dangerously, or in an otherwise inappropriate manner.

(Ord. CS 854, 3-28-2005)

Any person who fails or refuses to comply with the provisions of Section 10.59.040 or other rules and regulations adopted by resolution of the City Council shall be deemed negligent and/or reckless.

(Ord. CS 854, 3-28-2005)

The City of Atwater shall maintain a record of all reported injuries incurred by persons using a designated skateboarding and skating area, as well as record of all claims, paid and not paid, including any lawsuits and their results, arising from those incidents that were filed against the City. No later than January 30 of each year, copies of those records shall be filed annually with the Judicial Council of California.

(Ord. CS 854, 3-28-2005)

This chapter shall remain effective unless repealed.

(Ord. CS 854, 3-28-2005)

"EXHIBIT A" "NOTICE TO BE POSTED"

City of Atwater

Osborn Park Skating Facility

Rules and Regulations

1. The City of Atwater skating facility is an UNSUPERVISED skating venue. "Skateboarding is a hazardous recreational activity. Use of this facility may result in death, paralysis, brain damage, broken bones or other serious injury. Any use of this facility is at your own risk. The City of Atwater does not assume any responsibility for injuries." (Reference Government Code Section 831.7)

2. All users are required to wear helmets, kneepads and elbow pads, per section 10.59.040 of the Atwater Municipal Code. Any person failing to do so will be guilty of an infraction and subject to citation resulting in assessment of fines.

3. Use of this facility is limited to human propelled skateboards, in-line skates, roller blades and roller skates. The use if bicycles, tricycles, unicycles, scooters and/or any type of motorized vehicles in the facility is strictly prohibited.

4. The use of tobacco, drugs or alcohol is prohibited in or around the skating facility.

5. Hours of operation: 10:00 a.m. to sunset. Loitering, trespassing, or other presence during hours of non-operation are strictly prohibited.

6. In respect of other park users, please keep noise to a minimum.

7. Absolutely no food and drink allowed in the skating facility.

8. Glass containers are prohibited in or around the skating facility.

9. Users shall place all trash in designated trash receptacles provided.

10. Use of the skating facility during inclement weather or wet conditions is strictly prohibited.

11. No loitering or trespassing during hours of non-operation.

12. Users shall protect the skating facility from vandalism and graffiti. Aggressive and abusive behavior is prohibited. Use of profanity is not permitted.

13. Additional obstacles or other materials (ramps, jumps, etc.) are prohibited in the skating facility.

14. All individuals must inspect the skating facility prior to each use. Users shall not use the skating facility if a hazardous condition exists. Any damage, vandalism or hazardous condition should be reported to the Community Services Department at (209) 357-6320.

15. No amplified music, organized events or formal contests allowed without prior written approval from the Community Services Department.

16. Any participant under the age of 14 must be accompanied by a parent or guardian.

17. In case of emergency, call 911.

WARNING: The City of Atwater skating facility is an UNSUPERVISED skating venue. "Skateboarding is a hazardous recreational activity. Use of this facility may result in death, paralysis, brain damage, broken bones or other serious injury. Any use of this facility is at your own risk. The City of Atwater does not assume any responsibility for injuries."

(Reference Government Code Section 831.7)

(Ord. CS 854, 3-28-2005)