El Monte Municipal Code Ch. 12.50 Skate Parks

The purpose of this chapter is to promote the public peace and the health, safety, and welfare of the residents of the City of El Monte by establishing regulations for the use of skate parks operated within the City of El Monte. This chapter does not preclude other civil or criminal actions in regard to conduct proscribed herein. The City Council hereby declares that skateboarding is a hazardous recreational activity. Individuals using a skate park in the City of El Monte shall assume all risk of injury or loss.

(Ord. No. 2973, § 3, 4-21-2020)

The City of El Monte designates and maintains a skateboard park facility (hereinafter "skate park"), as referred to in California Health and Safety Code Section 11580, at Gibson Mariposa Park within the City of El Monte for the purpose of riding or using skateboards and in-line skates.

(Ord. No. 2973, § 3, 4-21-2020)

For the purpose of carrying out the intent of this chapter, words, phrases and terms used herein shall have their ordinary meaning unless otherwise indicated as follows:

A. "Department" means the Parks and Recreation Department of the City of El Monte.

B. "Director" means the director of Parks, Recreation and Community Services, or his or her designee.

C. "Public skate park facility" is defined as any facility, structure or area in which skateboarding is permitted pursuant to the provisions of this chapter, which is owned, operated and maintained by the city, and which has been designated as a "public skate park facility" by ordinance of the City Council.

D. "In-line skates," including roller blades and roller skates, is defined as any shoe, boot or other footwear to which one or more wheels are attached.

E. "Skateboard" is defined as any platform of any composition or size to which two (2) or more wheels are attached and which is intended to be ridden or propelled by one or more persons standing or kneeling upon it to where there is not affixed any seat or any other device or mechanism to turn and control the wheels.

F. "Skater" means any person participating in a skate activity.

G. "Skate activity" means the use of a skateboard, as defined in subsection E. of this section, or the use of in-line skates, as defined in subsection D. of this section.

H. "Designated skate park" means an area within a park or other public property which is posted as a skate park permitting one or more skate activities, and which is reserved exclusively, either during all hours of operation, or during posted times, for one or more skate activity.

I. "Sidewalk" means that portion of a road, street or highway designed or ordinarily used for pedestrian travel and includes any pedestrian walkways in any parks within the commercial or business districts of the city.

J. "Roadway" means that city portion of the highway or street improved or designed especially for vehicular use or travel.

(Ord. No. 2973, § 3, 4-21-2020)

It shall be unlawful for any person to use any bicycle, tricycle, unicycle, scooter, motorized or nonmotorized or any vehicle not listed in Section 12.50.050 within the confines of the skate park.

(Ord. No. 2973, § 3, 4-21-2020)

All vehicles classified as skateboards, roller blades/in-line skates and roller skates that are propelled by human power and meet the definitions as prescribed in Section 12.50.030 are allowable for usage in the skate park.

(Ord. No. 2973, § 3, 4-21-2020)

A. It is unlawful for a person to ride or use a skateboard or in-line skates, or roller skates in the skate park unless that person is wearing a helmet, elbow pads, and knee pads, pursuant to California State Health and Safety Code Section 115800(a).

1. All safety equipment shall be functional, properly sized, and in good repair. Helmets shall conform to state standards relating to bicycle safety helmets.

2. The director may set forth any other rules and regulations for use of a public skate park facility, which he or she deems appropriate provided that signs describing such rules and regulations are placed and posted pursuant to this chapter.

(Ord. No. 2973, § 3, 4-21-2020)

A. Skateboarding and in-line skating are deemed hazardous recreational activities, within the meaning of Government Code Section 831.7, and by Health and Safety Code Sections 115800 and 115800.1 under specified conditions.

B. The City of El Monte adopts the pertinent state law definitions of hazardous recreational activities and affirms that use of designated skate parks within the city is a hazardous recreational activity to the fullest extent permitted by law.

C. The Director shall act in conformity with the provisions contained at Health and Safety Code Sections 115800 and 115800.1, and California Government Code Section 831.7.

(Ord. No. 2973, § 3, 4-21-2020)

No person shall propel or ride a skateboard upon or cross any public sidewalk within a business district of the city. as defined in Section 10.50.030.

(Ord. No. 2973, § 3, 4-21-2020)

The Gibson Mariposa Skate Park facility shall be open from dusk to dawn or during hours otherwise posted by the director. Every person who occupies or is present in the skate park outside authorized hours without a permit therefore is guilty of a misdemeanor.

(Ord. No. 2973, § 3, 4-21-2020)

A. In order to provide reasonable notice to the public, the director shall place and post signs in one or more conspicuous and visible area(s) of the skate park facility designating the facility, structure or area as the public skate park facility, specifying the rules and regulations established pursuant to this chapter, and prohibiting the activities described in this chapter. The signs required pursuant to this section shall cite the respective El Monte Municipal Code sections being invoked.

B. Notwithstanding the foregoing, and in compliance with Health and Safety Code Section 115800, if the skate park is not supervised on a regular basis the city must post a notice prominently stating that a person riding a skateboard in the facility must wear a helmet, elbow pads, and knee pads, and that a person failing to do so will be subject to citation under the Ordinance No. 2973, EMMC Chapter 12.50.

C. The city shall also post notice advising the public that skateboarding in the designated facility is deemed a hazardous recreational activity, that the city shall not be liable for injuries incurred by participants and that any person(s) entering the facility assumes all risk of injury or death.

(Ord. No. 2973, § 3, 4-21-2020)

It shall be unlawful for any person within the skate park facility to be in violation of the following rules of conduct and such persons shall be subject to expulsion from the park and/or criminal prosecution if provided for in other provisions of the City of El Monte Municipal Code or the State of California Penal Code:

A. Skaters shall be respectful, responsible and safe.

B. A parent or legal guardian shall be required to ensure that an adult of at least eighteen (18) years of age shall accompany and supervise skaters under twelve (12) years of age within the skate park. Skaters under twelve (12) years of age that are unaccompanied and unsupervised by an adult of at least eighteen (18) years shall not be permitted to enter the skate park.

C. All skaters shall wear a helmet, knee pads, and elbow pads at all times when skating.

D. All skateboards, skates, and safety equipment shall be in good repair and fit skater properly.

E. Graffiti, damage and defacing city property is prohibited. Any person putting graffiti on any part of the skate park facility shall pay for the cost of removal and damages thereof. Parents and guardians are liable for such costs under California Civil Code Section 1714.1(b). In addition, any person defacing city property shall face prosecution pursuant to El Monte Municipal Code Chapter 9.08.

F. Use of amplified music is prohibited unless by permit issued by the city.

G. Use of profanity and/or gestures or verbiage that would elicit a violent response is prohibited.

H. All scooters, bicycles, tricycles, or any motorized or nonmotorized vehicle is prohibited in the facility, except vehicles used by persons with disabilities, while supervising skaters under twelve (12) years of age.

I. Food and drink is prohibited on the skating surface.

J. Glass containers are prohibited in any area within the skate park facility.

K. Smoking or alcoholic beverages are prohibited anywhere within twenty (20) feet of the skate park facility.

L. No person shall bring structures, obstacles, or other materials, such as ramps or jumps, into the skate park.

M. All skaters must wear shirts and shoes while on the skate park property.

N. Organized events must be approved via permit issued by the parks and recreation director or designated staff.

O. Any activity that constitutes dangerous or reckless behavior that has the potential of injuring another skater is prohibited.

P. Animals are prohibited inside the skate park facility.

Q. Climbing on or over the skate park fence is prohibited.

R. No person shall skate on curbs, fences, railings, walls, benches, tables, and/or driveways in the area surrounding the skate park.

S. The skate park shall have fixed hours of use, which shall be posted at the skate park. No person(s) shall use or access the skate park facility other than during the posted hours of operation.

T. No person shall litter or place trash or debris in or on the skating surface. All trash shall be placed in a designated trash receptacle.

U. No person shall have a dangerous weapon in his/her possession. Deadly weapons shall include, but not be limited to, guns, knives, or bats/clubs.

V. The director is authorized to post additional rules that he/she determines are necessary for the safe operation of the designated skate park.

W. No gang indicia (symbols, colors, etc.) shall be displayed in any form at the skate park.

X. Spectators must remain outside of the concrete skating areas and behind the fence at all times.

(Ord. No. 2973, § 3, 4-21-2020)

The Director or his or her designee shall have the authority to eject and expel from the skate park facility any person who is in violation of this chapter or any other park rules or regulations. Any person failing to comply with the provisions of this chapter shall be subject to citation, removal or other applicable enforcement authority as available to the city. The Director or his designee shall also have the authority to close the park at any time.

(Ord. No. 2973, § 3, 4-21-2020)

Violation of the provisions of this chapter shall be a misdemeanor and may be punishable by a fine, or imprisonment, or by both such fine and imprisonment. Notwithstanding the city's other rights and remedies, the city may in its sole discretion, charge the party violating this chapter as guilty of a violation punishable by an administrative citation pursuant to Chapter 1.18—Administrative Citations.

(Ord. No. 2973, § 3, 4-21-2020)

Any person(s) who fails or refuses to comply with the provisions of this chapter and who is injured while using the skate park shall be deemed negligent per se.

(Ord. No. 2973, § 3, 4-21-2020)