Oakland Municipal Code Ch. 5.90 Skate Park Facilities

For purposes of this chapter, certain terms and words are defined as follows:

"Activities area" shall refer to the portion of a skate park reserved for the use of skateboards, in-line skates, roller skates and scooters;

"Audio equipment" shall refer to any radio, compact disc player, tape player, walkman, megaphone, or any other audio device utilized to transmit or amplify sound;

"Bicycle" shall refer to any two or three-wheeled bicycles, including BMX bicycles;

"Director" shall refer to either the Director of Public Works or the Director of Life Enrichment Agency-Office of Parks and Recreation (Parks), or his or her designees, agents or representatives;

"Protective gear" shall include helmets, elbow pads, and kneepads;

"Scooter" shall refer to manually propelled, non-motorized, two-wheeled scooters;

"Skate park" or "skate board park" shall refer to any property or facility owned, operated, maintained, provided or controlled by the city, or any city-controlled property or facility leased or subleased to private entities for use solely for skate boarding and skating purposes;

"Spectator area" shall refer to the portion of the skate park reserved for use by persons viewing the activities area;

"Sports equipment" shall refer to equipment utilized for athletic and/or recreational purposes, including but not limited to bicycles, mopeds, motorized cycles, skateboards, in-line skates, roller skates, shoe skates, scooters (both motorized and manually propelled), luge skates, ramps, jumps and similar objects utilized for athletic stunts or tricks, footballs, baseballs, basketballs, soccer balls, and Frisbees.

(Ord. 12717 § 1 (part), 2005)

The hours of operation for the skate park shall be from 8:00 a.m. to official sunset daily, with the exception of posted hours for maintenance. The Director may shorten or extend the skate park hours when necessary to accommodate or regulate any permitted activity.

(Ord. 12717 § 1 (part), 2005)

A. No sport equipment of any nature shall be used in the spectator area of the skate park.

B. Only skateboards, in-line skates, roller skates, and non-motorized scooters are permitted in the activities area of the skate park. The use of other sports equipment, including bicycles and motor-driven sports equipment, is expressly prohibited anywhere within the activities area.

C. Pursuant to the provisions of this chapter, and in conformity to California Health and Safety Code Section 115800, all persons using or riding a skateboard, in-line skates, roller skates or scooters at the skate park shall be required to wear protective gear, which includes wearing elbow pads, kneepads, and a helmet that meets the standards of either the American Society for testing and Materials (ASTM) or the United States Consumer Product Safety Commission (CPSC), or standards established by these entities subsequent to the adoption of this section. All protective gear and equipment shall be in good repair at all times during use.

D. No portion of the skate park shall be modified, altered, or added to in any manner without the permission of the Director.

E. No person under the age of fourteen (14) years old shall be permitted to utilize the activities area of the skate park unless accompanied by an adult.

F. No audio equipment or amplified sound equipment may be used or brought within the activities area or spectator area of the skate park, absent written approval from the Director. Audio equipment that is equipped and relies solely on earphones for sound amplification may be used or played in the spectator area of the skate park.

G. No glass bottles or any other breakable glass items, food or beverages shall be permitted within the activities area or spectator area of the skate park.

H. No drugs, alcohol, smoking or tobacco products shall be permitted or consumed in any portion of the skate park.

I. No knives, guns, air guns or weapons of any nature shall be permitted in any portion of the skate park.

J. No pets or other animals shall be permitted at the skate park.

K. No use of the skate park or its amenities may be used when their surfaces are wet or other conditions exist that would adversely affect the safety of skateboarders or skaters.

L. The Director shall post visible signs at each skate park, providing rules for use of the skate park consistent with the ordinance codified in this chapter. The Director is also authorized to post additional rules as necessary for operation of the skate park, the violation of which shall be punishable pursuant to Section 5.90.040.

M. Any person who fails or refuses to comply with the provisions of this section and who is injured while using the skate park shall be deemed negligent.

(Ord. 12717 § 1 (part), 2005)

A. Any violation of this chapter is punishable as an infraction, including but not limited to the failure to wear protective gear. Violation of this chapter is punishable by (1) a fine of not more than one hundred dollars ($100.00) for the first violation, (2) a fine of not more than two hundred dollars ($200.00) for a second violation within a period of one-year, and (3) a fine of not more than five hundred dollars ($500.00), for a third violation within a one-year period. Any violation beyond the third within a one-year period may be charged by the City Attorney or the District Attorney as a misdemeanor and the penalty for conviction of the same shall be punishable by a fine on not more than one thousand dollars ($1,000.00) or by imprisonment in the county jail for a period of not more than six months or by both.

B. Any person cited for three or more infractions of this chapter during a one-year period may be permanently barred from the use of, or entrance into, a city skate park facility, at the Director's discretion.

C. Citations for violations may be issued by the City Administrator, the Skate Park Director or and Oakland City Department Director.

(Ord. 12717 § 1 (part), 2005)