Sebastopol Municipal Code Ch. 12.40 Prohibition of Skating Activities on Streets and Sidewalks

The purpose of this chapter is to prohibit skating activities on and along pedestrian walks, malls, privately owned roadways and parking areas at shopping centers, as defined, on sidewalks and streets within the Central Traffic District and on South Main Street to its intersection with Petaluma Avenue, in the Downtown Plaza area of the City of Sebastopol, and certain public school grounds, as defined. The City Council finds that such activities at these locations are inconsistent with the safety of pedestrians using such walkways, and is worrisome and annoying to motorists using such privately owned roadways and parking areas.

The following definitions shall apply to the provisions of this chapter:

“Central Traffic District – South Main Street” means all streets and portions of streets within the area described on Exhibit A attached to the ordinance codified in this chapter and incorporated herein by reference.

“Downtown Plaza” means the area formerly known as the McKinley Street parking lot, more particularly described on Exhibit B attached to the ordinance codified in this chapter and incorporated herein by reference.

Pedestrian Walks, Pedestrian Malls, Privately Owned Roadways and Parking Areas. “Pedestrian walk” and “pedestrian mall” mean those areas of a shopping center which are opened to the general public exclusively for persons who are walking or otherwise afoot or in wheelchairs. “Privately owned roadways” and “parking areas” mean those areas of a shopping center which are opened to the general public for vehicular traffic and parking and for persons who are walking or otherwise afoot or in wheelchairs. Areas within a building in a shopping center, other than a mall, all of which may be open to the general public, are not within the definition of “pedestrian walk” and “pedestrian mall” as used in this chapter.

“Public school grounds” includes the grounds of Park Side School, Pine Crest School, Brook Haven School, Analy High School and Laguna High School.

“Shopping center” means the privately owned real property upon which a business-commercial development is situated, which development is open to the general public and primarily devoted to retail sales and services from shops and stores situated therein, although it may also contain some offices and eating places, as well as other accessory uses compatible with a retail-sales shopping area.

“Skating activity” includes, but is not limited to, skateboarding, in-line skates, roller skating, or other use of self-propelled devices mounted on skate wheels.

No person shall ride, propel, or in any manner operate a skateboard, roller skates, or in-line skates, or engage in any other form of skating activity, on, along, or over any pedestrian walk or mall or privately owned roadway or parking area situated within a shopping center, on all sidewalks and streets within the Central Traffic District – South Main Street (to its intersection with Petaluma Avenue), or within the Downtown Plaza.

Skating is prohibited on public school grounds within 25 feet of buildings, stairways, railings, or other fixed structures. Trick skating where parts of skateboards or skates other than the wheels make contact with pavement, walls or other surfaces (grinding) is prohibited. Skating in any manner that creates a hazard for persons other than the skater is prohibited.

The purpose of this section is to allow for skating as a means of transportation while protecting the physical property of schools and the safety of people near skaters. Schools may still ask any person to leave and, if a person fails to comply, the Police Department may enforce existing trespassing laws. Schools may grant exceptions to this chapter for organized events. Notice for such events shall be given to our Police Department prior to commencing events. (Formerly 12.40.30.10)

The notice of the restrictions contained in this chapter may be given by signing or lettering as deemed appropriate by the Chief of Police or Director of Public Works.

The provisions of SMC 12.40.030 shall not apply to pedestrian walks and malls and privately owned roadways and parking areas situated within a shopping center unless and until the owner, manager, or other person in charge of the shopping center shall have accomplished each of the following:

A. Posted a sign, as described below, on the property of the shopping center, along each exterior entrance of the shopping center, and in plain view of pedestrians and motorists entering the center along such entrances. Additional signs, as described below, may be posted within the interiors of the shopping center. The required signs shall be continually maintained by the management of the shopping center.

Each sign shall state “ROLLER SKATING, SKATEBOARDING, AND ROLLERBLADING PROHIBITED” and underneath “Sebastopol Municipal Code Chapter 12.40.” The letters of the prohibition shall be two inches in height and shall be printed in black with a white background. The citation of the Sebastopol City ordinance number shall be printed in black in letters one inch in height at the bottom and right side of the sign. The sign shall not exceed 280 square inches in area.

B. Delivered a written notification to the Sebastopol Chief of Police, not less than 24 hours prior to posting the signs described in subsection A of this section, that the shopping center was invoking the provisions of this chapter as of a certain date which shall be specified in the notice.

The owner, manager, or other person in charge of a shopping center may withdraw the center from the provisions of this chapter by removing the signs required by SMC 12.40.040 and notifying the City’s Chief of Police in writing of such withdrawal.

A violation of the provisions of this chapter is separable, and the invalidity of any phrase, clause or part shall not affect the validity of the remainder.

Ordinance Nos. 865 and 912 are hereby repealed on the effective date of the ordinance codified in this chapter.