Selma Municipal Code Ch. 8.1 Skateboards

This chapter shall apply to the use and operation of skateboards, in-line skates, common roller skates and scooters on all streets, alleys, sidewalks and rights of way in the city, whether public or private, and all other property owned by the city and upon private property for which a request for the application of this chapter has been established. (Ord. 2006-3, 3-20-2006)

For the purposes of this chapter, "skateboard" means a plank or board, whether of wood, fiberglass, plastic, metal or any other material, with wheels attached thereto, and foot propelled without a steering apparatus. (Ord. 2006-3, 3-20-2006)

For the purposes of this chapter, "common roller skate" means a shoe, boot, or an apparatus worn on a shoe or boot with wheels attached, whether permanently or temporarily, to such shoe, boot or apparatus. (Ord. 2006-3, 3-20-2006)

For the purposes of this chapter, "in-line skate" means a common roller skate with wheels in a straight line resembling the blade of an ice skate. (Ord. 2006-3, 3-20-2006)

For purposes of this chapter, "scooter" means a plank or board, whether made of wood, fiberglass, plastic, metal or any other material, with wheels and steering apparatus attached and is foot propelled or motorized. (Ord. 2006-3, 3-20-2006)

(A) Except as otherwise specifically allowed in this chapter, no person shall use or operate a skateboard, common roller skates, in-line skates, or a scooter on a public or private street or alley in the city if there is a sidewalk adjacent and parallel to the street or alley. If no such sidewalk is present, skateboards, common roller skates, in-line skates, or scooters may be used or operated on a street or alley as far to the right hand side of the roadway as is practicable and travel in the same direction as traffic.

(B) No person shall use or operate a skateboard in Berry park (except in the designated skate park) or on those certain streets generally identified as Floral Avenue westerly of the Union Pacific Railroad crossing to the city limits (westerly boundary line), Whitson Avenue, 2nd Street from California State Highway 99 to Lincoln park and the central business district as defined in section 10-12-11 of this code.

(C) No person shall use or operate a skateboard, common roller skates, in-line skates or scooter on any public or private street, alley, sidewalk or right of way or on any property owned or controlled by the city in a manner which endangers the safety of any other person or property. No person using or operating a skateboard, common roller skates, in-line skates, or a scooter on a public or private street, alley, sidewalk, or right of way or any other property owned or controlled by the city shall pass a pedestrian in a manner forcing or causing them to yield the right of way or otherwise move to avoid contact. If such street, alley, sidewalk, or right of way is not sufficiently wide to allow the skateboarder, common roller skater, in-line skater, or person operating a scooter to pass the pedestrian while maintaining such separation, the skateboarder, common roller skater, in-line skater, or person operating a scooter shall cease to operate the skateboard, common roller skates, in-line skates, or scooter and walk past the pedestrian until such time as the skateboarder, common roller skater, in-line skater, or scooter can maintain a safe separation distance.

(D) The use of loud noise, brilliant lights, sound, outcry, amplified loudspeaker, radio, phonograph, horn or any other instrument or device for such purposes is prohibited. For the purpose of this subsection, "loud" is defined in excess of fifty (50) decibels.

(E) The provisions of subsection 9-8-4(S) of this title are hereby expressly incorporated in this chapter (inter alia the prohibition of alcoholic beverages).

(F) No person shall use or operate a skateboard, common roller skates, in-line skates, or scooter within twenty feet (20') of the entrance to any shop, store, or commercial building while such shop, store, or commercial building is open for business.

(G) The use of ramps, jumps or any other portable device used to force the skateboard, common roller skates, in-line skates, or scooter off the pavement shall be prohibited on any public street, alley, sidewalk or right of way, public property or property owned or controlled by the city and on any private property unless consented to by the owner or owner designee thereof.

(H) No person shall be towed on a skateboard, common roller skates, in-line skates, or scooter by the use of any mechanical device.

(I) No person shall use or operate a skateboard, common roller skates, in-line skates or scooter more than one-half (1/2) hour after sunset or one-half (1/2) hour prior to sunrise without the use of an arm mounted light or reflective arm band or reflective clothing; exception: a public owned and designated skateboard park.

(J) Notwithstanding anything to the contrary in this chapter, the use or operation of skateboards, common roller skates, in-line skates, or scooter shall be prohibited upon any public or private property or property owned or controlled by the city when such property has been posted pursuant to this section. The city and any owner or owner designee of public or private property are authorized to post or erect signs at their own expense, prohibiting the use or operation of skateboards, common roller skates, in-line skates or scooter in or on their property. The Selma police department is authorized to enter upon any city public or private property so posted to enforce the provisions of this chapter.

Example sign:

Skateboards, Common Roller Skates, In-Line Skates, or Scooters Prohibited on Posted Property by SMC Section 8.1-6, Selma Police Department.

(K) The provisions of this section shall not apply to a motorized scooter, as defined in section 407.5 of the California Vehicle Code, which is operated in accordance with the provisions of sections 21200-21235, inclusive, of the California Vehicle Code.

(L) The city council may provide additional rules and regulations by resolution which shall be enforced and subject to the penalties as provided in this chapter. (Ord. 2006-3, 3-20-2006)

This chapter shall not apply to any private or public facility constructed and engineered for skateboarding, provided such facility is operating in accordance with all applicable laws, ordinances and regulations. (Ord. 2006-3, 3-20-2006)

The city council may, from time to time, designate certain areas for skateboard or in-line skating use. No person shall use the skateboard areas for uses other than skateboarding or in-line skating except as otherwise specifically provided in this chapter. The use of any public skateboard facility shall be deemed a hazardous recreational activity within the provisions of section 831.7 of the Government Code of the state of California. The city of Selma may not be held liable for any injuries incurred by persons that participate in any such hazardous recreational activity.

The city of Selma designates and maintains as a skate park the facility located in Berry park. (Ord. 2006-3, 3-20-2006)

It is unlawful for a person to ride or use a skateboard or in-line skates in a skate park unless a person is wearing a helmet, elbow pads and knee pads and where the skate park has a sign posted that provides that anyone riding a skateboard in the park must wear a helmet, elbow pads and knee pads or be subject to citation. (Ord. 2006-3, 3-20-2006)

In-line skating shall be permitted in the city's designated skate park facility. (Ord. 2006-3, 3-20-2006)

(A) Use of tobacco for any purpose (e.g., smoking or chewing) by any person while in, on or placing himself or herself within any designated skate park facility of the city is prohibited.

(B) Definitions: The following words and phrases, whenever used in this Chapter shall have the meanings defined in this section unless the context clearly requires otherwise:

The riding or other use of bicycles and scooters is prohibited in the city's designated skate park facility. (Ord. 2006-3, 3-20-2006)

Violation of any of the provisions of this chapter may be grounds for removal from designated skateboarding/skating areas and shall be punishable as an infraction under the provisions of section 1-4-1 of this code. (Ord. 2006-3, 3-20-2006)