Rancho Santa Margarita Municipal Code Ch. 6.09 Skateboarding, Roller Skating, Scootering, and Bicycling

Footnotes:

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Editor's note— Ord. No. 06-06, §§ 1, 2, adopted June 28, 2006, repealed and reenacted Chapter 6.09 to read as herein set out. Formerly, Chapter 6.09 pertained to similar subject matter and derived from Ord. No. 05-09, § 1, adopted July 27, 2005.

The purpose of this Chapter is to establish a means of regulating the operation of skateboards, roller skates, scooters and bicycles on private and public property to ensure public safety.

(Ord. No. 06-06, § 2, 6-28-2006)

For the purpose of carrying out the intent of this Chapter, words, phrases and terms used herein shall have their ordinary meaning, unless otherwise indicated as follows:

Business district shall be defined as designated in Section 235 of the California Vehicle Code.

Grinding shall be defined as the act of sliding on any monument, sign, building, roof railing, fence, gate, table, bench, planter, curb, bleachers, stairway, rail, handrail, fountain, or any other angled object or structure with defined edges by a person utilizing or riding upon any nonrolling part of a skateboard, roller skates, scooter bicycle, or similar devices.

Major arterial shall be defined as any public roadway in the City listed in the master plan of arterial highways.

Private property shall be defined as any property held by private interests, including property held by common interest development associations, which is used primarily for business, commercial, office space, business park, religious, education, multi-family or recreational purposes. This shall also include the parking facilities for these "private property" areas.

Public property shall mean any property owned or maintained by the City, Saddleback Valley Unified School District, Capistrano Unified School District, County of Orange, or any public utility within the geographical boundaries of the City.

Roller skates shall be defined as any shoe, boot or other footwear to which one or more wheels are attached.

Skateboard shall be defined as any platform of any composition or size 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, and to which there is not affixed any seat or any other device or mechanism to turn and control the wheels.

Scooter shall be defined as a conveyance consisting of an oblong board with small wheels and handlebars, propelled with or without mechanical power, which can be ridden by one or more persons at a time.

(Ord. No. 06-06, § 2, 6-28-2006)

(a) No person shall utilize or ride upon any skateboard, roller skates, scooter, or bicycle to ride or move about in or on any public or private property when the same property has been designated by the City Manager and posted as a no skateboarding, roller skating, scootering, or bicycling area.

(b) No person shall use a skateboard, roller skates, scooter, or bicycle outside of a designated no skateboarding, roller skating, scootering, or bicycling area in a manner which creates a nuisance. For the purpose of this Chapter, "nuisance" is defined as any activity which:

(1) Threatens injury to persons or property; or

(2) Creates an obstruction or presents a hazard to the free and unrestricted use of public or private property by pedestrians or motorists.

(Ord. No. 06-06, § 2, 6-28-2006)

No person shall ride a skateboard, roller skates, or scooter propelled by human power, or cause or permit same to roll or coast on the roadway of any major arterial in the City.

(Ord. No. 06-06, § 2, 6-28-2006)

No person shall ride upon a skateboard, roller skates, scooter, bicycle or similar devices that are propelled or moved by human, gravitational, or mechanical energy, to engage in grinding upon public property. Such prohibition shall not apply to the public skate park facility.

(Ord. No. 06-06, § 2, 6-28-2006)

The City Manager may designate any private property within a business district, or which is primarily used for commercial, recreational or educational purposes, as a no skateboarding, roller skating, scootering or bicycling area. The City Manager may so designate this private property subject to the following:

(1) Any property owner may submit a written application requesting such designation for his or her own property, regardless of whether it is owner-occupied or occupied by tenants.

(2) A tenant of a property may submit a written application requesting such designation, with the written consent of the property owner and a majority of the tenants.

(3) The City Manager may approve or deny the application for designation of the no skateboarding, roller skating, scootering, or bicycling area. If approved, the City Manager shall designate such area and order the posting of appropriate signage in accordance with Section 6.09.080.

(4) The City Manager shall consider the application and cause notice his or her decision to be mailed to the property owner and, if applicable, all tenants in the subject private property.

(Ord. No. 06-06, § 2, 6-28-2006)

The City Manager may designate any public roadway, sidewalk, parking lot, or other public property as a no skateboarding, roller skating, scootering, or bicycling area. The City Manager shall designate such area and the times when such activity would be prohibited and order the posting of appropriate signage in accordance with Section 6.09.080.

(Ord. No. 06-06, § 2, 6-28-2006)

(a) Prior to the enforcement of the no skateboarding, roller skating, scootering, or bicycling area, the area so designated shall be posted with signs which provide substantially as follows:

For vehicular entrances:

"Skateboarding [and/or roller skating, scootering, and bicycling] is prohibited by RSMMC Chapter 6.09. Violations are punishable as provided by RSMMC Chapter 1.03. Orange County Sheriff's Department 949-770-6011."

For other posted locations:

"Skateboarding [and/or roller skating, scootering, and bicycling] is prohibited. RSMMC Chapter 6.09."

(b) Such prohibition shall apply to the property or area so designated once the property or area has been posted with signs in plain view at all vehicular entrances to the property or area and at other pedestrian locations designed to give notice to affected persons. All posted signs shall conform to the City's standard sign criteria for private property. It shall be the responsibility of the property owner or tenant(s) to obtain, post and maintain all signs.

(Ord. No. 06-06, § 2, 6-28-2006)

The City Council may, by resolution, establish fees for the receipt and processing of any applications for no skateboarding, roller skating, scootering, and bicycling areas.

(Ord. No. 06-06, § 2, 6-28-2006)

Any device designated, intended and used solely for the transportation of infants, the handicapped, or incapacitated persons, or devices designed, intended and used for the transportation of merchandise to and from the place of purchase and other wheeled devices, when being used for either of these purposes shall be exempt from this Chapter. Furthermore, the City Manager may suspend the enforcement provisions of this Chapter to accommodate special events when so requested by the event organizer.

(Ord. No. 06-06, § 2, 6-28-2006)