Oakley Municipal Code Art. 2 Skatepark Regulations

The purpose of this article is to protect public safety and to comply with Health and Safety Code Section 115800 by requiring persons riding skateboards, in-line skates, and other permitted wheeled apparatus at public skate parks or public parks to wear a helmet, elbow pads, and knee pads.

This article applies to both public skate parks and to public parks which contain constructed elements intended for use by persons riding skateboards, in-line skates, and other permitted wheeled apparatus.

The following definitions apply to the provisions of this article:

a.

"Controlled Substance"

means any substance listed in California Health & Safety Code sections 11054, 11055, or 11056.

b.

"Helmet"

means a properly fitted and fastened protective device that meets the standards of either the American Society for Testing and Materials (ASTM) or the United States Consumer Product Safety Commission (CPSC) that is worn on the head and is specifically designed and manufactured to absorb the impact of a fall.

c.

"Elbow pads" and/or "knee pads"

means protective devices that are partially constructed of durable foam-like materials for ground shock resistance that are fitted and fastened to cover the elbows and knees (respectively) and are specifically designed and manufactured to absorb the impact of a fall.

d.

"Skateboard"

means any device or conveyance with any number of wheels, with a riding surface of any design intended primarily for a person to stand upon with one or two feet, and which is designed to be or can be propelled by human power, and which is not classified as a bicycle or tricycle

e.

"Skates"

means any device which may be attached to the foot or footwear, to which wheels are attached, including wheels that are "in-line" and where such wheels are used to aid the wearer in moving or propulsion, including in-line skates, roller blades, and roller skates.

f.

"Skatepark"

means any park exclusively dedicated to uses involving skateboards, skates or other permitted wheeled apparatus as well as areas of public parks containing constructed elements intended for use by persons riding skateboards, in-line skates, and other permitted wheeled apparatus.

No person shall be permitted to ride skateboards, skates, or other similar devices in a public skate park unless that person is wearing a helmet, elbow pads, and kneepads. Any person wearing protective materials other than a helmet, elbow pads, and knee pads shall be deemed to be in violation of this safety requirement.

Signs shall be posted at the skate park giving notice that any person riding a skateboard, in-line skates, or similar devices must wear a helmet, elbow pads, and knee pads, and that any person failing to do so will be subject to citation and prohibition of use of the facilities for one year. Signs shall also be posted setting rules for use of the skate park as set from time to time by resolution, and violation thereof will be subject to citation.

Any person using the skate park shall comply with the following rules and regulations:

a. The hours of use of the skate park shall be from dawn to dusk.

b. While skating or skateboarding, the participant may only use those areas designated for skateboarding or related skating activities.

c. While using the facility, the participant must use personal safety equipment comprised of at least head, knee and elbow protection.

d. No food or drink is allowed in the designated skate area.

e. No moveable obstacles or materials (i.e. ramps/jumps) are allowed in the park.

f. The use of bicycles and scooters are prohibited within the skate area.

g. Any act of vandalism, including the placement of graffiti, anywhere in or on the park is prohibited. The skate park will be closed until any graffiti is removed and/or any other act of vandalism is remedied or repaired. In addition to other penalties provided herein, any person committing an act of vandalism in the skate park, including putting graffiti on any part of the skate park, shall pay for the cost of removal and damages relating thereto.

h. Personal conduct and behavior: The following are prohibited in the park area at all times:

1. Possession or use of any Controlled Substance or alcohol;

2. Being under the influence of any Controlled Substance or alcohol;

3. Fighting, aggressive behavior or other forms of violence;

4. Possession or use of firearms, knives, or other weapons of any kind;

5. Smoking or use of tobacco products.

a. A first violation of this chapter shall be an infraction. Any subsequent violation of this chapter shall be a misdemeanor.

b. Any person determined to have violated any provision of this article may lose his/her privilege to use the skate park facility for up to one year.