Clearlake Municipal Code § 5-16 Bicycle, Skateboard, and Other Wheeled Toy Use Restrictions

The City Council finds that: a. Vehicle Code Section 21967 and 21969 allows a City to adopt rules and regulations restricting riding or propelling of skateboards or roller skating on highways, streets and sidewalks within the City; b. There have been safety problems at malls, shopping centers and business districts, caused by bicycles, skateboards and other wheeled toys. c. This section would prohibit skateboards and other wheeled toys in business districts (as defined) and on private property or property under the jurisdiction of a government entity that has been posted prohibiting such use. Bicycles use would also be restricted on private sidewalks where posted. (Ord. #54-94)

Whenever in this section the following words or phrases are used, they shall have the respective meanings assigned to them in the following definitions (unless, in the given instance, the context where they are used clearly imparts a different meaning): a. BICYCLE shall mean and include every device propelled in whole or in part by human power upon which a person may ride, having two (2) or more wheels, whether or not in tandem, any one of which is over fourteen (14") inches in diameter (including tricycles and similar three-wheeled devices). b. WHEELED TOY shall mean and include all other wheeled objects, including but not limited to roller skates, roller blades, skateboards, coasters, scooters and toy vehicles, but does not include bicycles as defined in Vehicle Code Section 670. c. BUSINESS DISTRICT shall mean an area where commercial or industrial businesses comprise fifty (50%) percent or more of the property fronting on either or both sides of the highway for a distance of at least three hundred (300') feet; or an area designated as a business area on City land use maps; or an area such as a shopping center, mini-mall or business complex.

d. SIDEWALK shall mean that area adjacent to a traveled highway or pedestrian access to an entrance to a building, whether hard surfaced or not, upon which the public is customarily invited or permitted to walk or otherwise use. (Ord. #54-94)

a. No person shall ride, use, leave, park or propel a skateboard or other wheeled toy on any private property or property under the jurisdiction of a governmental entity that has been posted prohibiting such use as set out herein. b. No person shall ride, use, or propel a bicycle upon any private sidewalk that has been posted prohibiting such use as set out herein. (Ord. #54-94)

No person shall ride, use, leave, park or propel a skateboard or other wheeled toy on or over any highway, bridge, sidewalk, bicycle, pathway, or non-business area in violation of the following restrictions: a. Such use shall not occur after sunset of one day and before sunrise of the following day. b. Persons riding skateboards or other wheeled toys on highways shall ride as near to the right side of the highway or bicycle pathway as practicable. c. No person riding a skateboard or other wheeled toy shall attach the same or himself or herself to any other vehicle. d. Persons riding skateboards or other wheeled toys shall yield the right-of-way to all motor vehicles, bicycles, and pedestrians. e. No person shall ride a skateboard or other wheeled toy when approaching or upon the crest of a grade or curve in a highway, where the view of such person is obstructed within such distance as to create a hazard from an approaching motor vehicle. f. Except as provided in this section, any person riding a skateboard or other wheeled toys shall be subject to all of the duties applicable to bicycles, as provided by the California Vehicle Code Section 21200, which are incorporated into this section by reference. (Ord. #54-94)

a. Devices designed, intended and used for the transportation of merchandise to or from the place of purchase, and other wheeled devices, including but not limited to wagons when being used for either of these purposes, shall be exempted from the regulations imposed by this section. b. The provisions of this section shall not apply to a motorized or non-motorized wheelchair or three-wheeled cart while it is being used for transportation by a physically handicapped person or senior. c. The provisions of this section shall not apply to areas approved by the City Council for skateboard or wheeled toy use nor to temporary special uses approved under the provisions of City use permit, with the consent of the Chief of Police, proof of insurance and indemnification as required by the City Manager. d. Bicycles, except as set out in subsection 5-16.3b. e. The provisions of this section shall not apply to law enforcement personnel during the discharge of their duties. (Ord. #54-94; Ord. #2012-153)

Sign(s) shall be posted in plain view within the area where the prohibitions or restrictions apply and at intervals of not less than every two hundred fifty (250') feet. Signs may also be erected at or near the entrance to property where restrictions apply. The size, shape, color, and character of the signs shall be uniform. The sign shall be seventeen by twenty-two (17" × 22") inches in size, with black letters on a white background. The lettering shall be not less than one (1") inch in height, indicating the prohibitions and city ordinance number. The sign may also indicate the violation to be an infraction/misdemeanor subject to penalties as provided by law. The cost of erecting and maintaining the signs shall be the responsibility of the property owner or person in control of the property where the prohibitions apply. (Ord. #54-94)

a. Any person that violates Section 5-16, subsections 5-16.3 or 5-16.4 or any other provisions of this section shall be guilty of an infraction, punishable by: 1. A fine, not exceeding one hundred ($100.00) dollars, for the first violation; 2. A fine, not exceeding two hundred fifty ($250.00) dollars, for a second violation of this ordinance within 1 year; 3. A fine, not exceeding five hundred ($500.00) dollars, for each additional violation of this ordinance within 1 year.

b. Nevertheless, any such aforesaid violation shall be deemed a misdemeanor if the act of violation results in bodily injury to another person; and c. May be deemed a misdemeanor under 19(b) of the California Penal Code and charged as such in the discretion and at the election of the City Prosecuting Attorney or the Lake County District Attorney, in which event the violation under this section or b above, be punished by a fine not exceeding one thousand ($1,000.00) dollars or imprisonment in the County jail for a term not exceeding six (6) months or both such fine and imprisonment. (Ord. #54-94)

If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such provision, and such holding shall not affect the validity of the remaining portions thereof. (Ord. #54-94)

This section of the City of Clearlake Code shall be effective thirty (30) days from and after its passage. Before the expiration of fifteen (15) days after its passage, this section shall be published in a newspaper of general circulation published and circulated with the City of Clearlake, along with the names of the members of the City Council voting for and against its passage. (Ord. #54-94)