Dana Point Municipal Code Ch. 4.02 Rollerskating, Skateboarding, Bicycling, Motorized or Electric Biking,…

For the purpose of this Chapter, the following words shall have the meanings ascribed below:

"Business district"

shall be defined as designated in Section 235 of the California Vehicle Code.

"Motorized or electric bikes or scooters"

shall be defined as vehicles with two or three wheels where power is supplied by a battery that drives one or more affixed motors, electric or otherwise. Scooters are distinguished from bikes by having a step-through frame, instead of being straddled.

"Private property"

shall mean any real property, irrespective of ownership, which is not open to the general public.

"Public property"

shall mean any property owned or controlled by the City, including, but not limited to, alleys, parks, pathways, streets, parking lots, sidewalks, and walking trails.

"Rollerskate"

shall mean any footwear, or device which may be attached to the foot or footwear, to which wheels are attached and such wheels may be used to aid the wearer in moving or propulsion.

"Skateboard"

shall mean a board of any material, which has wheels attached to it and which is propelled or moved by human, gravitational, or mechanical power, and to which there is not fixed any device or mechanism to turn or control the wheels.

(Added by Ord. 91-2, 1/22/91; amended by Ord. 25-09, 6/17/2025)

It shall be unlawful and subject to punishment in accordance with Section 4.02.022 of this Chapter, for any person utilizing or riding upon rollerskates, bicycles, motorized or electric bikes or scooters, skateboards, or similar devices to ride or move about in or on any public or private property when the same has been designated by Resolution of the City Council and posted as a no rollerskating, skateboarding, motorized or electric bikes or scooters, bicycling, or similar devices area.

(Added by Ord. 91-2, 1/22/91; amended by Ord. 25-09, 6/17/2025)

The City Council may, upon review and recommendation by the City Engineer, designate any public roadway, sidewalk, or other public property as a no rollerskating, skateboarding, motorized or electric bikes or scooters, bicycling, or similar devices area. The City Council shall designate such area by Resolution and order the posting of appropriate signage in accordance with Section 4.02.018 of this Chapter.

(Added by Ord. 91-2, 1/22/91; amended by Ord. 25-09, 6/17/2025)

(a) This Section shall only be applicable to private properties located within a business district and private properties which are primarily used for commercial recreational purposes.

(b) An owner of such of private property which is owner/occupier may designate the private property or any specific area within the private property as a no rollerskating, skateboarding, motorized or electric bikes or scooters, bicycling, or similar devices area by posting the property in accordance with Section 4.02.018.

(c) Tenants which occupy a private property may enter into a written agreement executed by a majority of the tenants on the property and the property owner, which agreement designates the private property or any specified area thereon as a no rollerskates, skateboards, motorized or electric bikes or scooters, bicycles, or similar device area. The area covered by the agreement shall be posted by the tenants and/or owners in accordance with Section 4.02.018.

(d) This Section shall not impair or abrogate any obligation or right of a party under an agreement, regulation, covenant or other binding document.

(Added by Ord. 91-2, 1/22/91; amended by Ord. 07-04, 4/3/07; Ord. 25-09, 6/17/2025)

Prior to the enforcement of the prohibition of rollerskating, skateboarding, motorized or electric bikes or scooters, bicycling, or similar device area so designated shall be posted with signs which provide substantially as follows:

"Rollerskating, skateboarding, use of motorized or electric bikes or scooters, bicycling, and use of similar devices are prohibited by Dana Point Municipal Code Section 4.02.012. Any violation is punishable by a fine of $25.00 for a first offense."

Such prohibition shall apply to the property or area so designated once posted in plain view at all entrances to the property or area, and on signs which are not less than 17 by 21 inches in size with lettering not less than one inch in height.

(Added by Ord. 91-2, 1/22/91; amended by Ord. 25-09, 6/17/2025)

The City Council, may by Resolution, establish fees for the receipt and processing of applications and petitions for no rollerskating, skateboarding, motorized or electric bikes or scooters, bicycling, or similar device areas. In addition, the City Council may, by Resolution, establish fees sufficient to cover the costs of developing, printing, and posting signs in the areas designated pursuant to this Chapter.

(Added by Ord. 91-2, 1/22/91; amended by Ord. 25-09, 6/17/2025)

Any violation of this Chapter is deemed an infraction, punishable by a fine of $25. A second violation of this Chapter shall be punishable by a fine of $50, and a third and subsequent violation shall be deemed a misdemeanor punishable in accordance with Sections 1.01.200 to 1.01.230 of this Code.

(Added by Ord. 91-2, 1/22/91; amended by Ord. 25-09, 6/17/2025)

Any devices designed, intended, and used solely for the transportation of infants, people with disabilities, or incapacitated persons, or devices designed, intended, and used for the transportation of merchandise to and from the place of purchase and other wheeled devices, when being used for either of these purposes, shall be exempt from the provisions of this Chapter. Furthermore, the City Council may, by Resolution, suspend the enforcement of the provisions of this Chapter to accommodate special events when so requested by the event organizer.

(Added by Ord. 91-2, 1/22/91; amended by Ord. 25-09, 6/17/2025)