Morro Bay Municipal Code Ch. 10.76 Coasters, Roller Skates, Skateboards, Scooters, Epamds and Similar Devices

Footnotes:

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Editor's note— Ord. No. 581, adopted October 23, 2012, repealed the former Chapter 10.76, §§ 10.76.010—10.76.040, and enacted a new Chapter 10.76 as set out herein. The former Chapter 10.76 pertained to coasters, roller skates and similar devices and derived from Ord. No. 548, adopted May 26, 2009.

As used in this chapter:

"Business district" shall have the meaning set forth in Sections 235 and 240 of the California Vehicle Code.

"Electric assistive mobility devices" or "EPAMD" means those devices defined in Section 313 of the California Vehicle Code.

"Pedestrian mall" means any commercial property or plaza connecting or abutting commercial buildings or establishments, within which the sidewalks and ways are restricted to the use of pedestrians as that term is defined in Section 467 of the California Vehicle Code.

"Public building" means any building or structure constructed, owned or occupied by any public agency, entity or public benefit corporation.

"Roller skate" means any shoe, boot or other footwear to which is attached one or more wheels.

"Scooter" means a human powered mobile device having two to four wheels, a deck to stand on, and handlebars.

"Sidewalk" means that portion of a highway or roadway set apart by curbs, barriers, markings or other delineation for pedestrian travel and shall include any driveway, curbing, bulkhead, retaining wall or other works for the protection of any sidewalk, as well as any paved or improved pathway for pedestrian travel, whether or not abutting highway.

"Skateboard" means any platform of any composition or size without a seat to which two or more wheels are attached and which is intended to be ridden or propelled by one or more persons standing or kneeling upon it.

(Ord. No. 581, 10-23-12)

Based on demonstrated pedestrian traffic safety needs, the city council may regulate and/or prohibit the use of skateboards, roller skates, scooters and/or EPAMD upon the roadways, sidewalks, business districts, pedestrian malls, or public buildings in any part of the city and shall so designate by resolution and by posting such area wherein their use is regulated and/or prohibited.

Exception—The regulation and/or prohibition on the use of EPAMD authorized in this section shall not apply to the use of EPAMD by any governmental agency, public utility, or the U.S. Postal Service or to any disabled person (as that term is defined in Vehicle Code Section 295.5(a)(c)) who displays a state-issued disabled placard.

(Ord. No. 581, 10-23-12)

It is unlawful for any person to ride or propel a skateboard, roller skates, scooter or EPAMD upon any ramp or passageway designed or built to afford access to buildings or structures by handicapped or disabled persons.

Exception—The prohibition set forth herein shall not apply to the use of an EPAMD by a disabled person (as that term is defined in Vehicle Code Section 295.5(a)(c)) who displays a state-issued disabled placard.

(Ord. No. 581, 10-23-12)

It is unlawful to ride or propel a skateboard, roller skates, scooter, or EPAMD upon any stairway or corridor leading to or within any public building or upon any plaza or courtyard within any public building.

Exception—The prohibition set forth herein shall not apply to the use of an EPAMD by a disabled person (as that term is defined in Vehicle Code Section 295.5(a)(c)) who displays a state-issued disabled placard.

(Ord. No. 581, 10-23-12)

It is unlawful for any person to apply any foreign substance, including wax, oil or other similar material, whether as a solid or a liquid, on to or remove any non-slip material from any curb, stair, railing, ramp, sidewalk, bench or other abutment for the purpose of aiding any stunt, turn or other acrobatic action while riding a skateboard or roller skates. Such application is prohibited from any public or private property without notice.

(Ord. No. 581, 10-23-12)

Any person riding upon or propelling any roller skate, skateboard, scooter or EPAMD shall yield the right-of-way to pedestrians on any sidewalk or crosswalk upon which it is lawful to ride or propel a skateboard, roller skates, scooter or EPAMD.

(Ord. No. 581, 10-23-12)

It is unlawful for any person riding upon or propelling any skateboard, roller skates, scooter or EPAMD to fail to obey any traffic control signal or pedestrian control signal.

(Ord. No. 581, 10-23-12)

No person shall use or operate any skateboard or roller skate on any public or private property in such a negligent and/or reckless manner with disregard for the safety of persons or property, and/or interfere with the orderly flow and right-of-way of vehicular traffic in such a manner as to be a hazard to pedestrians, vehicular traffic, the skateboarder/roller skater themselves, or any other persons.

(Ord. No. 581, 10-23-12)

A. It shall be unlawful and a violation of this section for any person to engage in, or for any adult responsible for the supervision of a minor child to permit a minor child to engage in, any activity prohibited under this section.

B. The Morro Bay Skate Park is an unsupervised facility. Riding or otherwise using a skateboard or any other permitted coasting device in the skate park, or entering into the skate park for the purpose of engaging in such activity, without wearing a helmet, elbow pads, and knee pads is prohibited.

C. Use or occupation of the skate park during non-open hours is prohibited and constitutes trespassing.

D. Use of alcoholic beverages, tobacco, and/or drugs at the skate park is strictly prohibited.

(Ord. No. 581, 10-23-12)

Any person who is convicted of violation of any provision of this chapter is guilty of an infraction, punishable by:

A. A fine not exceeding fifty dollars for a first violation;

B. A fine not exceeding one hundred dollars for a second violation of the same ordinance within one year;

C. A fine not exceeding two hundred fifty dollars for each additional violation of the same ordinance within one year.

(Ord. No. 581, 10-23-12)