Montclair Municipal Code Ch. 6.22 Regulation of Skateboards and Other Wheeled Recreational Devices

Footnotes:

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Editor's note— Ord. No. 19-986, § I, adopted Sept. 3, 2019, amended ch. 6.22 and in so doing changed the title of said chapter, as set out herein.

For the purposes of this chapter, words, phrases, and terms used in this chapter shall have their ordinary meaning, unless otherwise provided as follows:

Other wheeled recreational devices means non-motorized bicycles, scooters, in-line skates, roller skates, or wheelchairs.

Roller skates or in-line skates, including rollerblades, means any shoe, boot, or other footwear to which one or more wheels are attached.

Skate or skating means the use of a skateboard or other wheeled recreational device in a recreational manner.

Skateboard means any platform of any composition or size to which two or more wheels four inches or less in diameter are attached, which is intended to be ridden or propelled by one or more persons standing or kneeling upon it and to which there is not affixed any seat or any other device or mechanism.

Skateboard/skating area means a public skateboard park as that term is used in California Health and Safety Code Section 115800(d)(1) or any successor provision thereto and includes any facility, structure, or area designated by resolution of the City Council as a skateboard/skating area in which skateboarding and/or use of other wheeled recreational devices is permitted pursuant to the provisions of this chapter.

Unauthorized wheeled devices means any motorized wheeled devices or other wheeled recreational device including, but not limited to, unicycles, go-carts, and wagons.

(Ord. 04-851 § 1 (part); Ord. No. 19-986, § II, 9-3-19)

It is the purpose of this chapter to establish regulations for the safe use of designated skateboard/skating areas within the City of Montclair.

(Ord. 04-851 § 1 (part); Ord. No. 19-986, § II, 9-3-19)

The City Council may designate certain areas as a skateboard/skating area by resolution.

(Ord. 04-851 § 1 (part); Ord. No. 19-986, § II, 9-3-19)

The use of any skateboard/skating area is a hazardous recreational activity within the meaning of California Government Code Sections 831.7(a) and (b). Subject to the provisions of that code section, the City of Montclair may not be held liable for any injury incurred by any person participating in any hazardous recreational activity. Skateboard/skating areas are not supervised on a regular basis and all users assume all risks of injury in utilizing the areas.

(Ord. 04-851 § 1 (part); Ord. No. 19-986, § II, 9-3-19)

A. No person shall skate or otherwise be present within any skateboard/skating areas at any time other than during the established hours of operation. Hours of operation shall be posted. The hours are subject to change without prior notice.

B. No person shall use any skateboard/skating area for any use other than skating.

C. Each person using the skateboard/skating area must wear a shirt and proper safety equipment including a helmet, elbow pads and knee pads. All such safety equipment must be functional and protective, properly sized, and designed for skating.

D. The use of any other wheeled devices including, but not limited to unicycles, go-carts or wagons is prohibited. No person shall ride or use any unauthorized wheeled device within any skateboard/skating area.

E. No person shall possess or be under the influence of alcohol or drugs of any kind within a skateboard/skating area or in surrounding park areas. Tobacco products are prohibited in the skateboard/skating area and surrounding park areas.

F. No person shall use, consume, or have in his/her possession or control food or beverages within the skateboard/skating area.

G. No person shall litter in any skateboard/skating areas. All persons using a skateboard/skating area must place any trash created or brought to the skateboard/skating area in refuse containers provided by the City. If no refuse container is provided, each person shall be responsible for removing and disposing of such items in an appropriate manner.

H. Spectators are not allowed in the skateboard/skating area.

I. No person shall have a dangerous weapon in his/her possession in the skateboard/skating area. Deadly weapons shall include, but are not limited to guns, knives, bats/clubs or martial arts weapons.

J. No person shall graffiti, tag, or attach any stickers or unauthorized signs in or upon the skateboard/skating area or anywhere in the surrounding park areas.

K. No person shall use or engage in profanity, reckless or boisterous behavior (including, but not limited, to tandem riding, punching, horseplay and bullying), or any other activity that could endanger the safety of persons using the skateboard/skating area.

L. No person shall ride, or permit to be ridden, any skateboard, roller skates, or other wheeled recreational device in a skateboard/skating area in a reckless manner or with willful disregard for the safety of other persons or property.

M. No person shall skate on curbs, sidewalks, fences, railings, and/or driveways of any City-owned property surrounding or adjoining a skateboard/skating area.

N. No person shall skate, run, stand on, jump from, or otherwise employ any exterior wall or fence surface in the skateboard/skating area.

O. Glass containers or other glass products are prohibited within a skateboard/skating area.

P. No person shall ride, operate, or use a skateboard or other wheeled recreational device unless such equipment is in good repair at all times during use.

Q. No obstacles of any kind, including, but not limited to, ramps or jumps may be placed in the skateboard/skating area.

R. No portion of the skateboard/skating area shall be modified, altered, or added to in any manner.

S. The skateboard/skating area shall not be used if any hazardous conditions exist, including, but not limited to, wet pavement, debris, and/or significant cracks, breaks, or other irregularities in the skating surface of the skateboard/skating area.

T. All organized events utilizing the skateboard/skating area are prohibited without the prior written approval of the Community Development Director or his/her designee.

U. No animals are allowed in the skateboard/skating area.

V. Only one person is permitted to use a skateboard, roller skate, or other wheeled recreational device at any given time. By way of clarification and without limitation, tandem riding is expressly prohibited.

W. The City is not responsible for items that are lost or stolen within the skateboard/skating area.

X. Any person suffering an injury within the skateboard/skating area must promptly report the injury to the City of Montclair.

(Ord. 04-851 § 1 (part); Ord. No. 19-986, § II, 9-3-19)

In order to provide reasonable notice to the public, signs referring to this chapter shall be posted in one or more conspicuous areas at or near the entrance to the skateboard/skating area, setting forth the rules and regulations established in this chapter, including prohibited activities, and stating that any person failing to comply with any provision of this chapter shall be subject to citation (Chapter 1.12 of the Montclair Municipal Code).

(Ord. 04-851 § 1 (part); Ord. No. 19-986, § II, 9-3-19)

A. Any person who causes or aids and abets in the commission of any of the following at any area designated by the City Council as a skateboard/skating area may be ejected from said area and public parks within the City of Montclair in accordance with the provisions of Section 9.12.250:

1. Interference with any City employee in the performance of the employee's duties;

2. Interference with the use and enjoyment by any other person of the designated skateboard/skating area; or

3. Commission of any public offense within a designated skateboard/skating area.

(Ord. No. 17-962, § 1, 2-6-17; Ord. No. 19-986, § II, 9-3-19)

Upon order of the City Manager, Chief of Police, or designee, any area designated by the City Council as a skateboard/skating area may be closed on a temporary basis when violations of this chapter occur.

(Ord. No. 19-986, § II, 9-3-19)