Coachella Municipal Code Ch. 12.36 Skateboard Park Regulations

The purpose and intent of this chapter are: (1) to establish regulations for the use and enjoyment of a skateboard park at an area designated by the city manager in the interest of public safety; (2) to comply with Health and Safety Code Section 115800 by adopting an ordinance requiring use of safety equipment and the posting of signs; and (3) to satisfy the conditions of Section 115800 for qualified immunity from liability for skateboarding as a hazardous recreational activity.

(Ord. 859 § 1 (part), 2001)

A. For the purposes of this chapter only, the following definitions shall apply:

"Skateboard" means a board of any material upon which any person may ride, which has wheels attached and such wheels may be used for moving or propulsion.

"Skateboard park area" means that area in the city of Coachella, California which is designated for use as a skateboard park by the city manager or his or her designee.

B. All other terms used in this chapter shall have the meanings assigned in common usage, except as otherwise defined by the Health and Safety Code or any other applicable law.

(Ord. 859 § 1 (part), 2001)

The skateboard park area designated by the city manager pursuant to this chapter shall operate during those hours and those days designated by the city manager or his or her designee.

(Ord. 859 § 1 (part), 2001)

The following regulations shall be posted for public notice at the skateboard park area (the "designated skating area"):

A. No person shall skate or skateboard within a skateboarding park area at times other than those established as the hours of operation. The hours of operation shall be six a.m. to ten p.m.;

B. No person under the age of twelve shall use the skateboard park area unless supervised by a person at least twenty-five (25) years of age. The supervising person must assume full responsibility for the person under the age of twelve (12) using the skateboarding park area;

C. No person shall skate or skateboard when the skateboarding park area is wet or when hazardous conditions, such as irregularities in the skating surface or skateboarding park area exist;

D. No person shall cause or initiate any act of violence or harass another person inside or around the skateboard park area;

E. Only skateboards and in-line skates can be used in the skateboarding park area. Use of other equipment, such as bicycles or scooters within the skateboarding park area is prohibited;

F. No person shall use the skateboarding park area unless they wear proper safety equipment including a helmet, elbow pads, and knee pads properly sized and designated for the intended use;

G. No person shall consume food or drink in the skateboarding park area;

H. No person shall use alcohol, drugs or smoke in the skateboarding park area or surrounding areas;

I. All persons using the skateboarding park area must place trash in cans provided by the city;

J. No person shall cause graffiti or tagging in or around the skateboarding park area;

K. No person shall skateboard or skate on curbs, planters, benches, steps, railings, fences, playground equipment, driveways or areas intended for uses other than skating within the area surrounding the skateboarding park area;

L. No unauthorized pieces of equipment, obstacles or apparatus may be brought into the skateboarding park area;

M. No spectators are permitted within the area designated for skateboarding;

N. Reckless or destructive skating that jeopardizes the safety or persons or property is prohibited;

O. Glass containers are prohibited in the skateboarding park area;

P. All organized events shall have prior written approval from the city of Coachella parks and recreation department;

Q. Animals are not allowed in the skateboarding park area; and

R. Any violation of any section in this chapter is deemed to be an infraction and is punishable as such according to the provisions of this code and law.

(Ord. 1004 § 1, 2008: Ord. 1003 § 2, 2008: Ord. 859 § 1 (part), 2001)

As provided by Health and Safety Code Section 115800, performing stunts, tricks or luge skateboarding in the designated area by persons age twelve (12) years and older is deemed a hazardous recreational activity within the meaning of Government Code Section 831.7 and the city may not be liable for injuries incurred by persons participating in such activities.

(Ord. 1004 § 2, 2008: Ord. 1003 § 3, 2008: Ord. 859 § 1 (part), 2001)

A. The city shall post an official sign at the entry of designated skating area and additional signs therein as needed to provide reasonable notice of this chapter.

B. The sign(s) shall provide notice to the public of:

1. The regulations of Section 12.36.040(A) through (H) of this chapter;

2. The caution: "Skateboarding is a hazardous recreational activity and the City may not be liable for injuries"; and

3. The caution: "Violators will be subject to citation, a monetary fine and removal."

(Ord. 859 § 1 (part), 2001)

The parks department shall develop a system for recording skateboarding injuries occurring at the skateboard park and claims arising from its use and shall report those incidents to the judicial council in accordance with Health and Safety Code Section 115800.

(Ord. 859 § 1 (part), 2001)

A violation of Section 12.36.040(A) through (H) of this chapter by the person responsible for committing such violation shall constitute an infraction violation which shall be subject to the provisions set forth in Title 3 of this code, including but not limited to the imposition of any and all criminal penalties set forth in this chapter.

(Ord. 859 § 1 (part), 2001)

Any person convicted of an infraction shall, for each separate violation of Section 12.36.040(A) through (H) and in addition to any infraction penalty imposed pursuant to Title 3 of this code, be subject to: (a) a fine in an amount not to exceed two hundred fifty dollars ($250.00) for a first conviction of an offense; (b) a fine in an amount not to exceed five hundred dollars ($500.00) for a second conviction of the same offense within a twelve (12) month period of the date of the first offense; and (c) a fine in an amount not to exceed seven hundred fifty dollars ($750.00) for the third conviction of the same offense within a twelve (12) month period of the date of the first offense. The fine for a fourth and subsequent conviction of the same offense within a twelve (12) month period of the date of the first offense shall be one thousand dollars ($1,000.00).

(Ord. 859 § 1 (part), 2001)

The city may issue an administrative citation, pursuant to Title 3 of this code, to any person responsible for committing a violation of Section 12.36.040(A) through (H) of this chapter. Nothing in this section shall preclude the city from also issuing an infraction citation upon the occurrence of the same offense on a separate day.

(Ord. 859 § 1 (part), 2001)

Nothing in this chapter shall preclude the city from pursuing all appropriate remedies identified in Title 3 of this code, to any person responsible for committing a violation of Section 12.36.040(A) through (H) of this chapter.

(Ord. 859 § 1 (part), 2001)