Chapter 9 — SKATEBOARD FACILITIES

Sections:

• 4-9.01 Use and operation.
• 4-9.02 Liability.
• 4-9.03 Validity.
• 4-9.04 Effective date. 4-9.01 Use and operation. (a) In any skateboard park or facility owned or operated by the City, any person riding a skateboard, in- line skates, and/or similar device, shall wear a helmet, elbow pads and knee pads. (b) The Public Works Department shall cause a sign or signs to be posted at all such parks or facilities providing reasonable notice of subsection (a) of this section and stating that any person failing to comply with subsection (a) of this section will be guilty of an infraction and subject to citation. Subsequent violations by the same person within one hundred twenty (120) days shall constitute a misdemeanor. (c) Any person who fails or refuses to comply with the provisions of this section and who is injured while using the park or facility shall be deemed negligent. (d) The City shall prepare and post rules for use of city-owned skateboard facilities consistent with this chapter. Said rules shall be adopted by resolution by the City Council and shall be amended as needed and/or required. (Ord. 2002-07 § 1, 2002)

Title 4 PUBLIC SAFETY Avenal, California, Code of Ordinances Page 49 4-9.02 Liability. This chapter is not intended to and shall not be construed or given effect in a manner that imposes upon the City, or any officer or employee thereof, a mandatory duty of care towards persons or property within the City or outside of the City so as to provide a civil liability for damages, except as otherwise imposed by law. (Ord. 2002-07 § 2, 2002) 4-9.03 Validity. If any provision of this chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the chapter which can be effective without the invalid provision or application, and to this end the provisions of this chapter are severable. The City Council hereby declares that it would have adopted this chapter irrespective of the validity of any particular portion thereof. (Ord. 2002-07 § 3, 2002) 4-9.04 Effective date. Due to the immediate health and safety concerns regarding the skateboard facilities that are subject to this chapter, the City Council hereby declares this an emergency ordinance and therefore ordains that the ordinance codified in this chapter shall be in effect on December 12, 2002. (Ord. 2002-07 § 4, 2002)