Article IV — SKATEPARK REGULATIONS

SECTION:

19-45: Purpose And Intent

19-46: Helmet And Pads Required

19-47: Facility/Park Signs And Rules

19-48: Violations, Enforcement And Penalties

19-49: Severability

19-45: PURPOSE AND INTENT:

The city council finds and declares that the purpose of this article is to comply with California Health and Safety Code section 115800 with regard to the operation of any and all skateboard parks and facilities operated by the city, as well as to set forth basic requirements for use of such parks and facilities. (Ord. 1708 § 1, 11-7-2006)

19-46: HELMET AND PADS REQUIRED:

In any skateboard park or facility owned or operated by the city, any person riding a skateboard, in-line skates, a bicycle or similar device shall wear a helmet, elbow pads, and knee pads. (Ord. 1708 § 1, 11-7-2006)

19-47: FACILITY/PARK SIGNS AND RULES:

A. The parks and leisure services department shall cause a sign or signs to be posted at all such parks or facilities providing reasonable notice of section 19-46 of this article and stating that any person failing to comply with this section will be subject to citation in accordance with this article and the city's applicable regulations.

B. The parks and leisure services commission shall prepare additional rules for use of city owned skateboard facilities consistent with this article. The rules shall be posted at the applicable facility(ies) and shall state that any person that fails to comply with these rules will be subject to citation in accordance with this article and the city's applicable regulations. (Ord. 1708 § 1, 11-7-2006)

19-48: VIOLATIONS, ENFORCEMENT AND PENALTIES:

A. Any violation of section 19-46 of this article and/or the posted rules shall be deemed to be a misdemeanor, and punishable as such; however, at the discretion of the city attorney, the violation may be filed and charged as an infraction. The complaint charging such violation shall specify whether the violation is a misdemeanor or an infraction. Any person found guilty of an infraction shall be punished by a fine not to exceed one hundred dollars ($100.00) for the first violation in a one year period, a fine not to exceed two hundred dollars ($200.00) for the second violation in a one year period, and a fine not to exceed five hundred dollars ($500.00) for third and subsequent violations, charged as infractions, in a one year period. Individuals found guilty of a misdemeanor under this article shall be punished by a fine not to exceed five hundred dollars ($500.00) or by imprisonment not to exceed sixty (60) days in jail, or both, in the discretion of the court. In addition to the provisions of this section, subsequent violations of this article by the same person within one hundred twenty (120) days may, in the discretion of the city attorney, constitute a misdemeanor. Violators may, in the discretion of the city attorney and with approval of the court, be referred to an appropriate community service program, in the alternative or in addition to the penalty provisions of this section, if such program is available.

B. Notwithstanding the police department's ability to confiscate a skateboard as an instrumentality or evidence of a violation of this article, and in addition to the enforcement provisions of subsection A of this section, the city may seize and hold the skateboard at the time an individual is cited for any violation of any provisions of this article for the second time within a one year period 1 . Any time a violator's property is confiscated pursuant to this section, the city shall provide the violator with a receipt and notice of a time and location for an automatic hearing in front of the city's designated administrative hearing officer no later than ten (10) days from confiscation of the skateboard. The violator shall be entitled to the return of the skateboard either one hundred eighty (180) days from the date of the confiscation, or at the time as determined at the conclusion of the hearing.

C. Any person who fails or refuses to comply with the provisions of section19-46 of this article and who is injured while using the park or facility shall be deemed negligent.

D. A violation of any of the provisions of this article shall constitute a nuisance and may be abated by the city through a civil process by means of restraining order, preliminary or permanent injunction, or in any manner provided by law for the abatement of such nuisances. With regard to violations committed by minors, the parent or legal guardian having control or custody of the minor whose conduct violates this section shall be jointly and severally liable with the minor for all penalties and/or costs and fees.

E. The city shall be entitled to recover all attorney fees and costs incurred in the filing or prosecution of any action or administrative proceeding brought to enforce any provision(s) of this article. (Ord. 1708 § 1, 11-7-2006)

Notes

1 1. See also section 18-69 of this code.

19-49: SEVERABILITY:

It is declared to be the intention of the city council that the subsections, paragraphs, sentences, clauses, and phrases of this article are distinct and severable and, in the event that any subsections, paragraphs, clauses and/or phrases are declared to be unconstitutional, invalid, or unenforceable by any court of competent jurisdiction, such unconstitutionality, invalidity, or unenforceability shall not affect any

of the remaining subsections, paragraphs, clauses, or phrases of this article. (Ord. 1708 § 1, 11-7-2006)