Montebello Municipal Code Ch. 12.26 Public Skate Park Facilities

The purpose of this chapter is to establish a comprehensive set of rules and regulations for the use of public skate park facilities in the city of Montebello. This chapter shall apply to the use and operation of skateboards, roller skates and in-line skates in the city's owned and operated public skate park facility.

(Ord. 2252 § 1 (part), 2002)

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:

"Department" means the city of Montebello department of parks and recreation.

"Director" means the director of parks and recreation, or his or her designee.

"In-line skates," including roller blades, means a type of roller skate with wheels attached thereto in a manner so that all wheels are aligned on a single line, and foot propelled without a steering apparatus.

"Public skate park facility" means any public facility or structure that is designed for, owned, operated and maintained by the city of Montebello, in which skateboarding, in-line skating and roller skating is permitted pursuant to the provisions of this chapter, and which has been designated as a "public skate park facility" by resolution of the city council.

"Roller skates" means a shoe, boot, or other footwear to which wheels are attached, and foot propelled without a steering apparatus.

"Scooter" means a plank or board, whether made of wood, plastic, metal, or any other material, with wheels and steering apparatus attached and is foot propelled or motorized.

"Skateboard" means any platform of any composition or size to which two or more wheels are attached and which is intended to be ridden or propelled by one person standing or kneeling upon such platform and containing no steering apparatus.

"Skate activity" means the use of a skateboard, in-line skates or rollers skates.

"Skater" means any person engaged in a skate activity.

(Ord. 2252 § 1 (part), 2002)

Public skate park facilities shall be open daily from seven a.m. until dusk, or as otherwise posted by the director or his/her designee. It shall be unlawful for any person to use or remain in such facilities without written consent of the director or his/her designee. Public skate park facilities shall be closed in the event of rain, wet conditions or other type of inclement weather which renders the surface of such facility to be unsafe to use.

(Ord. 2252 § 1 (part), 2002)

With respect to any public skate park facility, it shall be unlawful for any person to do any of the acts hereinafter specified:

A. No person shall be allowed to perform any skate activity at times other than those established by the director or his/her designee;

B. No person shall use a public skate park facility for uses other than skate activity;

C. No person shall use or enter the fenced area of a public skate park facility unless they wear proper safety equipment, including a helmet, elbow pads, and kneepads. All such safety equipment must be functional and protective, properly sized and designed for its intended use at the public skate park facility;

D. No person shall ride or use any items (whether motorized or non-motorized) other than roller skates, in-line skates or skateboards, including but not limited to bicycles, unicycles, scooters, go-carts, or wagons, on or within the skating surface of any public skate park facility;

E. No person, other than a skater, is permitted within the skating surface of any public skate park facility, except that spectators may sit or stand in areas designated for that purpose;

F. No person shall ride or use any skateboard, roller skates or in-line skates in a public skate park facility in a reckless manner or with willful disregard for the safety of persons or property, or cause anyone with such items to be ridden or used in such a reckless manner;

G. No person shall place, affix or utilize any obstacles or other materials within a public skate park facility that are not affixed thereto by the department for recreational purposes;

H. No skate activity is permitted on the curbs, sidewalk, fences, railings, seating area, or walls of any city-owned structure or area surrounding or adjoining a public skate park facility;

I. No person shall conduct organized activities, events or competitions on any public skate park facility without the prior written approval from the director or his/her designee;

J. A public skate park facility shall not be used if a hazardous condition exists, including but not limited to, inclement weather conditions and significant cracks, breaks or other irregularities in the skating surface of a public skate park facility;

K. No person shall litter in a public skate park facility. All persons using a public skate park facility must place any trash, cans, bottles, papers, or waste of any kind they create or bring to a public skate park facility in refuse containers provided by the city. If no refuse container is provided by the city, each person shall be responsible for removing and disposing of such items in an appropriate manner;

L. No person shall possess or use alcohol or drugs in the public skate park facility;

M. No person shall use a public skate park facility while under the influence of alcohol or drugs that would impair the person's judgment or motor skills;

N. No person shall allow or cause glass containers of any kind to be brought into any public skate park facility;

O. No person shall allow or cause graffiti or tagging in or around any part of the public skate park facility;

P. No person shall allow or cause any animal of any kind to be brought into a public skate park facility.

(Ord. 2252 § 1 (part), 2002)

In accordance with California Government Code Section 831.7 and Health and Safety Code Section 15800, skate activity within a public skate park facility is deemed a hazardous recreational activity under certain conditions, which entitles the city to limit its liability for injuries sustained or incurred by persons engaged in such activity.

(Ord. 2252 § 1 (part), 2002)

All skaters must wear a safety helmet, elbow pads and kneepads while engaging in any skate activity in a public skate park facility. All such protective gear must be functional and protective, properly sized and designed for their intended use at said facility.

(Ord. 2252 § 1 (part), 2002)

In order to provide reasonable notice to the public, the director or his/her designee shall place and post signs in one or more conspicuous and visible area(s) of a public skate park facility, designating the facility, structure or area as a public skate park facility, specifying the rules and regulations established pursuant to this chapter, and the activities described as prohibited in this chapter.

(Ord. 2252 § 1 (part), 2002)

The director may set forth any other rules and regulations for the 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. 2252 § 1 (part), 2002)

A. Any violation of this chapter may be punishable as either a misdemeanor or an infraction.

B. Repeat violators (i.e., having three or more violations) may be suspended or prohibited from using the facility.

C. Repeat violations of this chapter may also constitute a public 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. 2252 § 1 (part), 2002)

(Ord. 2349, § 1, 10-10-2012)

In the interest of public safety, the director or his/her designee shall have the authority to eject or expel from the public skate park facility any person who is in violation of any provision of this chapter.

(Ord. 2252 § 1 (part), 2002)