Chapter 8.85 — SKATE PARK REGULATIONS

The purposes of this chapter are: (1) to establish regulations for the use and enjoyment of the skate park facility, in the interest of public safety; (2) to comply with Health and Safety Code Section 115800 by adopting an ordinance requiring use of safety equipment, with penalty by citation and notice by sign; and (3) to satisfy the conditions of Sections 115800 and 115800.1 for qualified immunity from liability for hazardous recreational activities. (Ord. 930 § 1, 1999)

• A. The terms used in this chapter, e.g., "skateboard," shall have the meanings in common usage, except as otherwise defined in this section or by the Health and Safety Code and other applicable laws.

• B. For the purposes of this chapter only, the following definitions shall apply:

"Skate park" means the Palm Desert Skate Park facility, located in the Palm Desert Civic Center in the city of Palm Desert, California;

"Skating area" means the area within the skate park designed for skating and skateboarding activities, which is limited to the bowl and adjacent concrete. (Ord. 930 § 1, 1999)

• A. Health and Safety Code Section 115800 prohibits any operator of a skateboard park to permit any person to ride a skateboard therein unless that person is wearing a helmet, elbow pads, and knee pads.

• B. The city requires, pursuant to Section 115800, that:

  1. Any person riding a skateboard at the skate park must wear a helmet, elbow pads, and knee pads; and

  2. Notice of the safety equipment required in subsection (B)(1) of this section and notice of the penalty for violation shall be provided.

• C. The parks and recreation department shall develop a system for recording skateboarding and in-line skating injuries and claims and shall report those incidents to the judicial council in accordance with Sections 115800 and 115800.1.

• (Ord. 930 § 1, 1999; Ord. 963 § 1, 2000)

• A. Skateboarding and in-line skating are deemed hazardous recreational activities, within the meaning of Government Code Section 831.7, and by Health and Safety Code Sections 115800 and 115800.1 under specified conditions.

• B. The city adopts the pertinent state law definitions of hazardous recreational activities and

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City of Palm Desert, CA

HEALTH AND SAFETY

§ 8.85.040

§ 8.85.060

affirms that use of the Palm Desert Skate Park is deemed a hazardous recreational activity to the fullest extent permitted by law.

• C. In conformity with Section 115800.1:

  1. The city designates the Palm Desert Skate Park, located in the Palm Desert Civic Center in Palm Desert, California, a recreational area in which in-line skating is permitted; and

  2. The city shall post notice advising the public that in-line skating in the designated area by adults is deemed a hazardous recreational activity and that the city may not be liable for injuries incurred by participants.

• (Ord. 930 § 1, 1999)

• A. Stunts, tricks or luge skateboarding are:

  1. Prohibited in the picnic area, parking lot, curbs, and surrounding areas of the skate park, Civic Center and Civic Center Park; and

  2. Permitted in the skating area only.

• B. Skating and skateboarding are the only activities permitted in the skating area. Bicycles or other vehicles are prohibited from entering the skating area.

• C. The safety of the skating area is reduced by the presence of debris of any kind and by wet conditions. Food and beverage consumption produce foreseeable litter and are not permitted within the skating area. Use of the skating area under wet conditions is also prohibited.

• D. The city designates the skate park a "public place" within the meaning of Chapter 8.36 of this title. "No smoking" shall be included in the regulations posted for public notice.

• (Ord. 930 § 1, 1999)

The following regulations shall be posted for public notice:

• A. Any person using the skating area must wear a helmet, elbow pads and knee pads.

• B. No bicycles or other vehicles are permitted in the skating area.

• C. No spectators are permitted in the skating area.

• D. No food, glass bottles or cans are permitted in the skating area at any time.

• E. No unauthorized ramps, jumps or obstacles are permitted in the skate park.

• F. Use of the skating area is prohibited when it is raining or the concrete is wet.

• G. No smoking, alcohol or drug use is permitted in the skate park.

• H. Sponsored events (contests, demonstrations, classes, etc.) must be approved by the city, in advance, through the park reservation process.

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City of Palm Desert, CA

PALM DESERT CODE

§ 8.85.060

§ 8.85.080

• (Ord. 930 § 1, 1999; Ord. 963 § 1, 2000)

• A. The city resolves that failure to observe Section 8.85.060A of this chapter, which requires use of safety equipment, shall be an infraction with a specific fine in the amount of fifty dollars.

• B. Any person who fails to observe Section 8.85.060A of this chapter, requiring use of safety equipment, is subject to citation, fine and removal from the skate park.

• C. Notice of this penalty shall be posted with the regulations in Section 8.85.060 of this chapter.

• (Ord. 930 § 1, 1999)

• A. The city shall post an official sign at the entry of the skate park facility and additional signs therein as needed to provide reasonable notice of this chapter.

• B. The sign(s) shall provide notice to the public of:

  1. The regulations of Section 8.85.060(A) through (H) of this chapter;

  2. The caution: "Skating and skateboarding are hazardous recreational activities and the city may not be liable for injuries"; and

  3. The penalty: "Violators will be subject to citation, a fifty dollar fine and removal. (Palm Desert Municipal Code Section 8.85.)

• (Ord. 930 § 1, 1999)

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City of Palm Desert, CA