Fullerton Municipal Code Ch. 8.42 Skateboarding Prohibited

The purpose of this chapter is to promote the public peace, morals, health, safety and general welfare of persons in the city by regulating the activity of skateboarding on certain public property and on certain private property which is accessible to the general public.

(Ord. 2937, passed - -1998)

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

CENTRAL BUSINESS DISTRICT. As defined in this code.

NUISANCE. Any activity which:

(1) Threatens injury or damage to persons or property; or

(2) Creates an obstruction or presents a hazard to the free use of public or private property by pedestrians or motorists.

SKATEBOARD. All wheeled objects, coasters, toys, conveyances or similar devices used for transportation or sport which are propelled by human power and which are not classified as bicycles or rollerskates.

(Ord. 2937, passed - -1998)

(A) The City Council may by resolution prohibit skateboarding on public streets, sidewalks, parking lots and other public property when it is determined to be necessary to protect the health, safety and welfare of pedestrians, motorists or persons operating said skateboards on said streets and sidewalks.

(B) No person shall skateboard on public streets, sidewalks, parking lots and other public property located in the Central Business District.

(C) No person shall skateboard on any privately owned property which is posted with “No Skateboarding” signs as required by this chapter, without the express consent of the property owner or property manager.

(D) No person shall use a skateboard in a manner which creates a nuisance.

(Ord. 2937, passed - -1998)

(A) The City Manager or his or her designee is hereby authorized to post or erect, or cause to be posted or erected, signs prohibiting skateboarding or the use of skateboards on public streets and sidewalks so designated by resolution of the City Council.

(B) A property owner shall post or erect, or cause to be posted or erected, at the property owner’s sole cost and expense, signs which are readily visible to the general public in a form reasonably as follows.

(Ord. 2937, passed - -1998)

(A) Any violation of the provisions of this chapter shall be deemed to be an infraction, and punishable as such, notwithstanding the fact that at the discretion of the city or District Attorney, the violation of any section of this chapter may be filed as a misdemeanor. The complaint charging such violation shall specify whether the violation is a misdemeanor or an infraction. Each day a violation of any provision of this chapter shall continue shall be a new and separate violation.

(B) A violation of any of the provisions of this chapter shall constitute a nuisance and may be abated by the city through civil process by means of restraining order, preliminary or permanent injunction or in any other manner provided by law for the abatement of such nuisances.

(Ord. 2937, passed - -1998)

(A) If any section, division, clause or phrase or portion of this code is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of all other provisions of this chapter.

(B) The City Council hereby declares that it would have passed the ordinance codified in this chapter, and each section, division, sentence, clause and phrase or portion thereof, irrespective of the fact that any one or more of the sections, divisions, sentences, clauses or phrases or portions thereof be declared invalid or unconstitutional.

(Ord. 2937, passed - -1998)