Lemoore Municipal Code Ch. 6 Skateboards, Scooters and Roller Skates

This chapter applies to the use, operation and propulsion of skateboards, manual-scooters, motorized-scooters, in-line skates, and common roller skates on all highways, roadways, streets, alleys, sidewalks and rights-of-way within the City, on all property owned by and under the jurisdiction of the City, and on all private property within the City for which a request for application of this chapter to such property has been approved by resolution of the City Council. (Ord. 2017-03, 3-7-2017; amd. Ord. 2022-07, 11-1-2022)

The following definitions shall apply to terms used in this chapter:

COMMON ROLLER SKATES: A shoe, boot, or apparatus worn on a shoe or boot with wheels attached to such shoe, boot, or apparatus.

IN-LINE SKATES: A roller skate with wheels in a straight line resembling the blade of an ice skate.

MANUAL-SCOOTER: A plank or board, whether made of wood, plastic, metal, or any other material with wheels, with a steering apparatus attached, without a motor, and is foot propelled.

MOTORIZED SCOOTER: Any two-wheeled device that has handlebars, has either a floorboard that is designed to be stood upon when riding or a seat and footrests in place of the floorboard, may be foot propelled, and is powered by an electric motor, or of similar power source.

ROLLER SKATES: A footwear or device, which may be attached to feet or footwear, to which wheels are attached and such wheels may be used to aid the wearer in moving, and shall include "in-line" roller skates.

SKATEBOARD: A plank or board of any material that has wheels attached to it and is propelled or moved by human, gravitational, or mechanical power, and to which there is not an affixed steering apparatus, device, or mechanism to turn and control the wheels. (Ord. 2022-07, 11-1-2022)

A. Except as otherwise provided in this section, no person shall use, operate, or propel skateboards, manual-scooters, in-line skates, or common roller skates on any property, public or private, including any parking lot, highway, roadway, street, alley, right-of-way, private through street, private alley, or any other real property within that area of the City bounded by the middle of "F" Street on the north, the middle of "C" Street on the south, the middle of Lemoore Avenue and Eighteenth Avenue on the east, and the middle of Hill Street on the west.

B. No person shall use, operate, or propel a skateboard, manual-scooter, motorized-scooter, in-line skates, or common roller skates on any public property under the jurisdiction of the City, including, but not limited to, public parks, public government buildings or public school grounds, except that skateboards and roller skates may be used at the "Lemoore Rotary Youth Plaza" under the following conditions: 1) skateboard and roller skate users must be fourteen (14) years of age or older, 2) helmets, elbow pads and knee pads must be worn by all users or operators of skateboards and roller skates, 3) no tobacco products shall be permitted within the confines of the Lemoore Rotary Youth Plaza, and 4) skateboard and roller skate users must obey all posted rules and regulations.

C. On all other property within the limits of the City, other than those properties falling within the provisions of subsections A and B of this section, no person shall use, operate or propel a skateboard, manual-scooter, in-line skates, or common roller skates on any highway, roadway, street, alley, right-of-way, private through street or private alley in the City if there is a sidewalk adjacent to and parallel with such highway, roadway, street, alley, right-of-way, private through street or private alley. If such a sidewalk exists, skateboards, manual-scooters, or roller skates shall be operated on the sidewalk. If no such sidewalk is present, skateboards, manual-scooters, or roller skates may be used, operated, or propelled in the highway, roadway, street, alley, right-of-way, private through street, or private alley, but only in such manner that the user rides, operates, or propels the skateboard, manual-scooter or roller skates as far toward the right-hand edge of the highway, roadway, street, alley, right-of-way, private through street, or private alley as is practicable, and in the same direction as traffic, exercising due care when passing a standing vehicle or one proceeding in the same direction.

D. No person shall use, operate, or propel a motorized-scooter on any sidewalk within the City, except as may be necessary to enter or leave adjacent property. Any person operating a motorized-scooter upon a highway at a speed less than the normal speed of traffic moving in the same direction at the time shall ride as close as practicable to the right-hand curb or right edge of the roadway, except when overtaking and passing another vehicle proceeding in the same direction, when preparing for a left turn, or when reasonably necessary to avoid conditions, including, but not limited to, fixed or moving objects, vehicles, bicycles, pedestrians, animals, surface hazards, or substandard width lanes. Whenever a bicycle lane has been established on a roadway, any person operating a motorized-scooter upon the roadway shall ride within the bicycle lane, except when overtaking and passing another vehicle, when preparing for a left turn, when reasonably necessary to avoid debris and other hazardous condition, or when approaching a place where a right turn is authorized.

E. No person shall use, operate, or propel a skateboard, manual-scooter, or roller skates on any private property within the City for which a request for application of this chapter to such property has been approved by resolution of the City Council and as to which any relevant provisions of California Vehicle Code sections 21107, 21107.5, 21107.6, 21107.7, 21107.8, 21108, 21109, 21110, and 21111 may apply and are complied with.

F. No person shall use, operate, or propel a skateboard, manual-scooter, motorized-scooter, or roller skates on any public or private property or on any highway, roadway, street, alley, right-of-way, private through street or private alley in any manner which endangers the safety of any person or property. No person using, operating, or propelling a skateboard, manual-scooter, motorized-scooter, or roller skates on any property within the limits of the City shall pass or approach a pedestrian at any distance closer than five feet (5').

G. No person shall use, operate, or propel a skateboard, manual-scooter, or roller skates within twenty feet (20') of the entrance of any shop, store, business, or commercial establishment while such shop, store, business or commercial establishment is open to the public for business.

H. No person shall use, operate, or propel a skateboard, manual-scooter, motorized-scooter, or roller skates within the City on a ramp, jump or any other device used to force the skateboard, manual-scooter, motorized-scooter, or roller skates off the pavement unless such person is wearing a helmet, elbow pads and knee pads, and no such ramps, jumps, or other devices used to force skateboards, manual-scooters, motorized-scooters, or roller skates off the pavement are allowed on any public highways, roadways, streets, alleys, sidewalks or rights-of-way or on any private property within the City for which a request for application of this chapter to such property has been approved by resolution of the City Council.

I. No person using, operating, propelling, or otherwise riding upon any skateboard, manual-scooter, motorized-scooter, or roller skates within the City shall attach the same or himself to any streetcar, vehicle, bicycle, motorized bicycle, or other mechanical device, or to any animal.

J. No person shall use, operate, or propel a skateboard, manual-scooter, motorized-scooter, or roller skates within City limits later than one-half (1/2) hour after sunset or earlier than one-half (1/2) hour prior to sunrise without the use of an arm mounted light or reflective clothing or both; with the exception that skateboards and roller skates may be used at the skate park within the Lemoore Rotary Youth Plaza during special events where the overhead floodlights at the skate park have been illuminated as scheduled by the City of Lemoore Parks and Recreation Department.

K. In-line skating at the Rotary Youth Skate Park facility represents a hazardous recreational activity and the City of Lemoore will not be liable for injuries incurred by persons participating in the hazardous recreational activity in the City's skate park facility.

L. It is unlawful for any person to possess, consume, or otherwise use, any alcoholic beverage at the City skate park. It is unlawful for any person to possess, consume or otherwise use, any alcoholic beverage unless a valid alcohol use permit has been issued by the City, and the person who has been granted an alcohol use permit has possession of the permit and is present in the immediate vicinity of the event for which the permit was issued.

M. It is unlawful for any person to operate a motorized-scooter upon a highway while under the influence of an alcoholic beverage, or any drug, or under the combined influence of an alcoholic beverage and any drug.

N. The words "alcoholic beverage" as used in this section shall include, without limitation, alcohol, spirits, beer or wine or which contains one-half of one percent (0.50%) or more of alcohol by volume and which is fit for consumption, either alone or, when diluted, mixed or combined with other substances.

O. The word "drug" as used in this section shall include any controlled substance as defined in Division 10 of the Health and Safety Code (commencing with section 11000), or any imitation controlled substance as defined in Chapter 1 of Division 10.1 of the Health and Safety Code (commencing with section 11670).

P. It is unlawful for any person to enter, loiter, or remain in the City skate park between nine o'clock (9:00) P.M. and seven o'clock (7:00) A.M. on any day during the period of May 1 through September 30 of each year. It is unlawful for any person to enter, loiter, or remain in the City skate park after six o'clock (6:00) P.M. and seven o'clock (7:00) A.M. on any day during the period of October 1 through April 30 of each year. This subsection does not apply to organizations or groups that first obtain a City permit for night use or are participating in a City-approved event or function.

Q. Notwithstanding any other provision of this section, subsections A, C, E, and G above shall not apply to the operation of motorized-scooters. (Ord. 2017-03, 3-7-2017; amd. Ord. 2022-07, 11-1-2022)

This chapter shall not apply to any private facility constructed and engineered for skateboarding; provided, that such facility has been duly established and authorized by the City, and complies with the provisions of section 115800 et seq., of the California Health and Safety Code. (Ord. 2017-03, 3-7-2017; amd. Ord. 2022-07, 11-1-2022)

Violations of this chapter shall be punishable as infractions. In addition, at the time of citation, any Peace Officer shall have the discretion to impound the skateboard, manual-scooter, motorized-scooter, or roller skates as evidence pending the adjudication of the infraction, and, at the time of impoundment, shall issue the owner or operator thereof a receipt for all impounded property. (Ord. 2017-03, 3-7-2017; amd. Ord. 2022-07, 11-1-2022)