Chapter 7.20 — SKATEBOARDING/BMX BICYCLING IN CORNING COMMUNITY PARK

Facilities have been installed within the new Corning Community Park (itself hereafter referred to as the "Park") which are designed specifically for the use of skateboard riders, rollerblade riders and riders of BMX bicycles only (these facilities themselves hereafter referred to as the "riding facilities") and these riding facilities are not supervised on a regular basis as described in the California Health and Safety Code Section 115800.

(Ord. No. 653, § 2, 9-10-2013; Ord. No. 655, § 2, 2-25-2014)

Persons riding skateboards, rollerblades or BMX bicycles within the riding facilities located within the Park shall at all times wear all required protective gear. It is unlawful and shall be an infraction for anyone to engage in any of the following actions:

A.

Ride a skateboard, rollerblade, BMX bicycle or any other device within the riding facilities without wearing all required protective gear. The phrase "all required protective gear" refers to all of the following: a helmet securely fastened under the chin, elbow pads on each elbow and knee pads on each knee, all of which items have been commercially manufactured and designed to provide protection of the rider from personal injury in the event of impact with a solid surface;

B.

Ride any type of motorized device within the riding facilities;

C.

Ride any type of cycle or scooter except for BMX bicycles within the riding facilities;

D.

Engage in activities within the riding facilities which knowingly create a reasonably foreseeable danger of physical harm or injury to another person;

E.

Engage in activities within the riding facilities which violate any of the posted rules;

F.

If, under age 12, ride any type of device within the riding facilities without the presence of a supervising adult;

G.

Failure to immediately leave the riding facilities upon demand of a City employee to do so after being observed using the riding facilities in violation of any of the rules set forth above.

(Ord. No. 653, § 2, 9-10-2013; Ord. No. 655, § 2, 2-25-2014)

The Public Works Director of the City shall post a sign or signs near the riding facilities which describes the basic safety requirements set forth above and which alerts members of the public violating the rules relating to the use of the riding facilities that they are subject to citation for infractions and to confiscation of their skateboards, rollerblades and/or BMX bicycles. In addition to the foregoing requirements, the Public Works Director may make and/or post other rules which apply to the use of the riding facilities such as the hours of use, prohibitions of graffiti or tagging, rules pertaining to drinking and smoking, etc.

(Ord. No. 653, § 2, 9-10-2013; Ord. No. 655, § 2, 2-25-2014)

If a person is observed to have violated any of the rules set forth above, a citation may be issued to him or her and his or her skateboard, rollerblade and/or BMX bicycle may be immediately confiscated by the City and retained until such time as a court of law has made a determination on the citation. If the person is found guilty, his or her skateboard, rollerblade and/or BMX bicycle is automatically deemed forfeited to the City to dispose of in whatever manner it deems appropriate. The forfeiture of such device shall be in addition to and not in lieu of whatever penalty is imposed by a judge for the infraction. If the person is not found guilty, such device shall forthwith be returned to the individual by the City.

(Ord. No. 653, § 2, 9-10-2013; Ord. No. 655, § 2, 2-25-2014)

Any and all persons riding skateboards, rollerblades or BMX bicycles within the riding facilities or the Park or in close proximity thereto shall be deemed to have assumed the risk of any harm or injury they may incur in that activity. The use of such devices even with the safety equipment (ie. protective gear) required is considered a "hazardous recreational activity" within the meaning specified in California Health and Safety Code Section 115800 and California Government Code 831.7. These riding facilities within the Park are "use at your own risk" facilities and persons using the riding facilities must recognize that their use is "high risk" exposing the user to serious including broken bones, paralysis or death. Users of the riding facilities are expected to know their own abilities and ride accordingly.

(Ord. No. 653, § 2, 9-10-2013; Ord. No. 655, § 2, 2-25-2014)