Chapter 9.28 — SKATEBOARDING AND SKATEBOARD PARKS

State Law reference— Local authority to prohibit or restrict riding of skateboards on sidewalks or roadways, Vehicle Code § 21967.

(a)

This chapter shall be known and may be cited as the "Skateboarding and Skateboard Park Ordinance."

(b)

The ordinance enacted pursuant to this chapter shall apply to the use of skateboards in city owned and operated skateboard parks, prohibited uses of skateboards and other coasting devices on property located in the city and outside of a designated skateboard park, and signage directed to skateboarding.

(c)

This chapter shall apply to the extent permitted by the statutes and laws of the state.

(Code 1969, § 9.28.010; Ord. No. 834, § 2(part), 2007)

The following words and terms as used in this chapter shall have the meaning respectively ascribed thereto, unless it is apparent from the context that a different meaning is intended:

Coasting device means roller skates, in-line skates, rollerblades, scooters, coasters or other rolling device self-propelled by human, motor or wind power, but excludes skateboards.

Skateboard means a board of any material which has wheels attached to it, and is propelled or moved by human gravitational or mechanical power, to which there is not fixed any device or mechanism to turn or control the wheels, and excludes roller skates, in-line skates, rollerblades, scooters, coasters and similar devices.

Skateboard park means any publicly owned or operated facility designed and maintained for the purpose of skateboard use.

Skateboarding means to ride, operate or use a skateboard.

(Code 1969, § 9.28.020; Ord. No. 834, § 2(part), 2007)

(a)

No person shall:

(1)

Other than during posted hours of operation, use a skateboard park unless first expressly authorized by a city representative in writing;

(2)

Use the skating surface of a skateboard park for any use other than proper use of a skateboard;

(3)

Use the skating surface of a skateboard park unless that person is wearing proper safety equipment, including at least a helmet, elbow pads, and knee pads, which is in good condition and designed and approved for such activity;

(4)

Use alcohol, or non-prescribed drugs or medication for which a prescription is required, in or within 300 feet of a skateboard park; or be under the influence of alcohol, or non-prescribed drugs or medication for which a prescription is required, while at a skateboard park;

(5)

Use prescribed drugs or medication in or within 300 feet of a skateboard park, or under the influence of the same while at a skateboard park, where such prescribed drugs or medication may affect one's ability to safely operate a skateboard;

(6)

Dispose of debris, waste and trash except in an appropriate receptacle provided by the city;

(7)

Apply graffiti or otherwise deface a skateboard park;

(8)

Use or be upon a skateboard in a skateboard park while wearing an audio headset;

(9)

Introduce, employ or use any unauthorized equipment, obstacle or apparatus within a skateboard park;

(10)

Enter or remain in a skateboard park with any food, beverage or glass containers;

(11)

Play amplified music within a skateboard park;

(12)

Use profane or abusive language or act in any discourteous manner while at a skateboard park;

(13)

No skateboarding on wet surfaces;

(14)

Permit spectators to enter into the skating area of a skateboard park;

(15)

Skateboard on or otherwise employing any fences, wall, curbs, planters, benches, stairs/steps, railing, parking lots, or driveways within the city limits for skateboarding, unless within the skating area of a skateboard park;

(16)

Throw a skateboard or launch a skateboard toward spectators or other skaters;

(17)

Skateboard in a skateboard park owned and operated by the city, unless the individual using a skateboard in a skateboard park is age 12 or older. Individuals under the age of 12 years old shall be accompanied by a parent or legal guardian.

(b)

If any person violates or fails to comply with any one or more of the rules listed in this section, shall be subject to the penalties set forth in section 9.28.080.

(Code 1969, § 9.28.030; Ord. No. 834, § 2(part), 2007)

The city council shall designate by resolution any skateboard park in the city permissible for skateboarding.

(Code 1969, § 9.28.040; Ord. No. 834, § 2(part), 2007)

The recreation manager shall erect and maintain visible regulatory signs consistent with standards for signs utilized by the public works department at any skateboard park owned and operated by the city. Such signs shall indicate, at a minimum, the hours of operation of the skateboard park, the rules adopted by city council resolution, and shall afford reasonable notice that any person riding a skateboard in the skateboard park must, at all times, wear a helmet, elbow pads, and knee pads, and that any person failing to do so is in violation of the Barstow Municipal Code and is subject to citation under section 9.28.080.

(Code 1969, § 9.28.050; Ord. No. 834, § 2(part), 2007)

(a)

Subject to subsection (c) of this section, no person shall operate or use any skateboard or coasting device while:

(1)

Upon any parking facility, including parking lot, whether public or private, and upon private property where notification pursuant to subsection (c) of this section has been provided; and

(2)

Upon any city-owned property including the city hall complex; provided, that notification similar to that found under subsection (c) of this section has been provided.

(b)

The prohibitions of subsection (a) of this section shall not apply to a wheelchair, bicycles or areas designated by resolution as skateboard parks.

(c)

Within the meaning of subsection (a) of this section, notification relating to private property shall mean notification by the owner or lessee or other person in charge of the property or premises which may be satisfied by direct verbal communication by any such person or by his duly designated agent, including peace officer or private patrolman, or by a sign or signs conspicuously posted on the property or premises giving notice of the activities prohibited.

(Code 1969, § 9.28.060; Ord. No. 834, § 2(part), 2007)

No person shall use a skateboard or coasting device in a manner which creates a nuisance. For purposes of this section, the term "nuisance" is defined as any activity which:

(1)

Threatens injury to a person or property;

(2)

Creates an obstruction or presents a hazard to the free use of public or private property by pedestrians or motorists;

(3)

Generates loud or unreasonable noise.

(Code 1969, § 9.28.070; Ord. No. 834, § 2(part), 2007)

(a)

Any person violating any provision of this chapter is guilty of an infraction and subject to a fine in an amount not to exceed $25.00 for a first conviction, and $50.00 for a second conviction within one year and $100.00 for each additional conviction within one year.

(b)

Nothing in this chapter shall preclude the city police department or designated city personnel, at their sole discretion, from issuing warnings or causing a person to be removed or prevented from being on or within 300 feet of any skateboard park in lieu of a citation if such person is found to be in violation of this chapter.

(Code 1969, § 9.28.080; Ord. No. 834, § 2(part), 2007)