Madera Municipal Code Ch. 14 Skateboards, Common Roller Skates and in-Line Skates, Use and Prohibitions

This chapter shall apply to the use and operation of skateboards, in-line skates, common roller skates and scooters on all streets, alleys, sidewalks and rights-of-way in the city, whether public or private, and all other property owned by the city and upon private property for which a request for the application of this chapter has been established.

(Ord. 807 C.S., passed 12-20-06)

For the purpose of this chapter and the rules and regulations established herein, certain words and phrases shall be construed herein as set forth in this section, unless it is apparent from the context that a different meaning is intended:

COMMON ROLLER SKATE. A shoe, boot, or an apparatus worn on a shoe or boot with wheels attached, whether permanently or temporarily, to such shoe, boot or apparatus.

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

SCOOTER. A vehicle, mechanism, device or conveyance consisting of a plank or board, whether made of wood, fiberglass, plastic, metal or any other material, with wheels and steering apparatus attached and is foot propelled or motorized, commonly constructed to accommodate a standing person.

SKATEBOARD. Any vehicle, mechanism, device or conveyance consisting of a plank or board, whether of wood, fiberglass, plastic, metal or any other material, with wheels attached thereto, and foot propelled without a steering apparatus, commonly constructed to accommodate a standing person.

(Ord. 807 C.S., passed 12-20-06)

(A) Except as otherwise specifically allowed in this chapter, no person shall use or operate a skateboard, common roller skates, in-line skates, or a scooter on a public or private street, trail or alley in the city if there is a sidewalk adjacent and parallel to the street, trail or alley. If no such sidewalk is present, skateboards, common roller skates, in-line skates, or scooters may be used or operated on a street or alley as far to the right-hand side of the roadway as is practicable and travel in the same direction as traffic.

(B) No person shall use or operate a skateboard in Rotary Park other than in the designated skate park.

(C) No person shall ride, use or operate a skateboard on those certain streets generally identified as Gateway Avenue between Cleveland Avenue and the Fresno River Bridge.

(D) No person shall use or operate skateboards, common roller skates, in-line skates or scooters on benches, curbs, retaining walls, stairs, stair railings, safety railings or similar street furniture in the public right of way or City Parks.

(E) No person shall use or operate a skateboard, common roller skates, in-line skates, or scooter on any public or private street, trail, alley, sidewalk or right-of-way or on any property owned or controlled by the city in a manner which endangers the safety of any other person or property. No person using or operating a skateboard, common roller skates, in-line skates, or a scooter on a public or private street, trail, alley, sidewalk, or right-of-way or any other property owned or controlled by the city shall pass a pedestrian in a manner forcing or causing them to yield the right-of-way or otherwise move to avoid contact. If such street, trail, alley, sidewalk, or right-of-way is not sufficiently wide to allow the skateboarder, common roller skater, in-line skater, or person operating a scooter to pass the pedestrian while maintaining such separation, the skateboarder, common roller skater, in-line skater, or person operating a scooter shall cease to operate the skateboard, common roller skates, in-line skates, or scooter and walk past the pedestrian until such time as the skateboarder, common roller skater, in-line skater, or scooter can maintain a safe separation distance.

(F) No person shall use or operate a skateboard, common roller skates, in-line skates, or scooter within 20 feet of the entrance to any shop, store, or commercial building while such shop, store, or commercial building is open for business.

(G) The use of ramps, jumps or any other portable device used to force the skateboard, common roller skates, in-line skates, or scooter off the pavement shall be prohibited on any public street, alley, sidewalk or right-of-way, public property or property owned or controlled by the city. The use of such ramps are also prohibited on any private property unless consented to by the owner or owner designee thereof.

(H) No person shall be towed on a skateboard, common roller skates, in-line skates, or scooter by the use of any mechanical device or vehicle.

(I) No person shall use or operate a skateboard, common roller skates, in-line skates, or scooter more than one-half hour after sunset or one-half hour prior to sunrise without the use of an arm-mounted light or reflective arm band or reflective clothing; except in a public owned and designated skateboard park.

(J) Notwithstanding anything to the contrary in this chapter, the use or operation of skateboards, common roller skates, in-line skates, or scooter shall be prohibited upon any public or private property or property owned or controlled by the city when such property has been posted pursuant to this section. The city and any owner or owner designee of public or private property are authorized to post or erect signs, at their own expense, prohibiting the use or operation of skateboards, common roller skates, in-line skates or scooters in or on their property. The Madera Police Department is authorized to enter upon any city, public or private property so posted, to enforce the provisions of this chapter. A sign which states substantially, Skateboards, Common Roller Skates, In-Line Skates, or Scooters Prohibited on Posted Property by MMC Section 3-14.6, Madera Police Department" shall suffice to place violators on notice that such actions are prohibited on the posted property.

(K) The provisions of this section shall not apply to a motorized scooter, as defined in Cal. Veh. Code § 407.5, which is operated in accordance with the provisions of Cal. Veh. Code §§ 21200 through 21235, inclusive.

(L) The City Council may provide additional rules and regulations by resolution which shall be enforced and subject to the penalties as provided in this chapter.

(Ord. 807 C.S., passed 12-20-06)

(A) The City Council may, from time to time, designate certain areas for skateboard or in-line skating use. No person shall use the skateboard areas for uses other than skateboarding or in-line skating except as otherwise specifically provided in this chapter. The use of any public skateboard facility shall be deemed a hazardous recreational activity within the provisions of Cal. Govt. Code § 831.7. The City of Madera may not be held liable for any injuries incurred by persons that participate in any such hazardous recreational activity.

(B) The City of Madera designates and maintains as a skate park the facility located in Rotary Park, and authorizes the use of skateboards and in-line skates in such facility.

(Ord. 807 C.S., passed 12-20-06)

It is unlawful for a person to ride or use a skateboard or in-line skates in a skate park unless that person is wearing a helmet, elbow pads and knee pads, where the skate park has a sign posted that provides that anyone riding a skateboard in the park must wear a helmet, elbow pads and knee pads or be subject to citation.

(Ord. 807 C.S., passed 12-20-06)

Use of tobacco for any purpose (e.g., smoking or chewing) by any person while in, on or placing himself or herself within any designated skate park facility of the city is prohibited.

(Ord. 807 C.S., passed 12-20-06)

The riding or other use of bicycles and scooters is prohibited in the city's designated skate park facility.

(Ord. 807 C.S., passed 12-20-06)

Violation of any of the provisions of this chapter may be grounds for immediate removal from designated skateboarding/skating areas and shall be punishable as an infraction under the provisions of § 1-2.01 of the Madera Municipal Code.

(Ord. 807 C.S., passed 12-20-06)