Desert Hot Springs Municipal Code Ch. 12.16 Skateboard Park Regulations

The purposes and intent of this chapter are to:

A. Establish regulations for the use and enjoyment of a skateboard park at an area designated by the City Council in the interest of public safety;

B. Comply with Health and Safety Code Section 115800 by adopting an ordinance requiring use of safety equipment and the posting of signs; and

C. Satisfy the conditions of Section 115800 for qualified immunity from liability for skateboarding as a hazardous recreational activity.

(Prior code § 73.20)

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 designated for use as a skateboard park by the City Council.

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.

(Prior code § 73.21)

The skateboard park area designated by the City Council pursuant to this chapter shall operate during those hours and those days designated by the City Council or the City Manager.

(Prior code § 73.22)

A. The following regulations shall be posted for public notice at the skateboard park area (the “designated skating area”):

1. Any person using the designated skating area must wear a helmet, elbow pads and knee pads.

2. In-line skating activities may be permitted, at the option and discretion of the City Manager, or his or her designee. No other vehicles are permitted in the designated skating area.

3. No spectators are permitted in the designated skating area.

4. No food, glass bottles or cans are permitted in the designated skating area at any time.

5. No unauthorized ramps, jumps or obstacles are permitted in the designated skating area.

6. Use of the designated skating area is prohibited when it is raining or the concrete is wet.

7. No smoking or alcohol use is permitted in the designated skating area.

8. Sponsored events (i.e., contests, demonstrations, classes, etc.) must be approved by the City, in advance, through the park reservation process.

B. Persons violating the regulations set forth in this section are subject to removal from the designated skating area by any official or employee of the City having jurisdiction to enforce the provisions of this chapter, in addition to the imposition of any other penalties and fines which may be imposed hereunder.

(Prior code § 73.23)

As provided by Health and Safety Code Section 115800, performing stunts, tricks or luge skateboarding in the designated area by persons age 14 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.

(Prior code § 73.24)

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 Sections 12.16.040 (A)(1) through (8) 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.”

(Prior code § 73.25)

The City shall develop a system for recording skateboarding injuries occurring at any City-designated 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.

(Prior code § 73.26)

A violation of Sections 12.16.040(A)(1) through (8) 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 Chapter 4.28 of the Municipal Code, including but not limited to the imposition of any and all penalties set forth therein.

(Prior code § 73.27)

Nothing in this section shall preclude the City from pursuing all appropriate remedies identified in Title 4 of the municipal code, against any person responsible for committing a violation of Section 12.16.040(A)(1) through (8) of this chapter.

(Prior code § 73.28)