Twentynine Palms Municipal Code Ch. 12.16 Skateboards and Other Wheeled Toys

(a) "Bicycle" means every device propelled in whole or in part by human power upon which a person may ride, having two (2) or more wheels, whether or not in tandem, any one of which is over fourteen (14) inches in diameter (including tricycles and similar three-wheeled devices). A unicycle would also classify as a bicycle.

(b) "Business District" means an area where commercial or industrial businesses comprise (thirty) 30% or more of the property fronting on either or both sides of the highway for a distance of at least three hundred (300) feet; or an area designated as a business area on City land use maps, or an area such as a shopping center, mini-mall or business complex, park or school area.

(c) "Highway" means a street, way or place maintained by the City and open to the public for vehicular travel. The term "highway" includes State Highway 62.

(d) "In-line Skate" means a roller skate with wheels in a straight line resembling the blade of an ice skate.

(e) "Roller Skate" means a shoe, boot, or an apparatus worn on a shoe or boot with wheels attached to such shoe, boot or apparatus.

(f) "Scooter" means any vehicle, device, or contrivance with any number of wheels, with a riding surface of any design, upon which a person may place one or more feet, and which is designed to be, or can be, propelled by human power, has an upright handle attached to front or rear, and which is not defined as a bicycle by the California Vehicle Code. The term scooter also includes motorized scooters.

(g) "Sidewalk" means that area adjacent to a traveled highway or pedestrian access to an entrance to a building, whether hard surface or not, upon which the public is customarily invited or permitted to walk or otherwise use.

(h) "Skateboard" means any vehicle, device, or contrivance with any number of wheels, with a riding surface of any design, upon which a person may place one or more feet, and which is designed to be or can be propelled by human power, and which is not defined as a bicycle by the California Vehicle Code. The term skateboard also includes motorized skateboards.

(i) "Tricks and/or Stunts" means any singular or repetitive jump, flip, grind, or any other maneuver for performance, demonstration, practice, or display of skill on a skateboard, in-line skates or roller-skates or other wheeled toys in a supine or prone position.

(j) "Wheeled Toy" means any wheeled object, device and contrivance which can be propelled by human or mechanical power and is designed and intended to be ridden upon, including but not limited to roller-skates, skateboards, coasters, scooters and toy vehicles, but does not include bicycles as defined in this Chapter or vehicles as defined in Vehicle Code Section 670.

(89-46 § 2; Ord. 169 § 1 (part), 2003)

(a) Skateboards and other wheeled toys. No person shall operate, use, park, drive, propel or cause to be propelled a skateboard or other wheeled toy on or within the following private or public property within the City:

(1) Any private property, including the property of any public agency other than the City, where the owner of said property has posted or erected signs prohibiting such use.

(2) Any sidewalk, highway, parking lot, or other location in a business district, regardless of whether signs are posted or erected prohibiting such use.

(3) City property: (i) Any City park excepting those expressly exempted pursuant to the terms of this Chapter, and (ii) any sidewalk or City property or facility where the City Council finds that skateboards or other wheeled toys create the potential to damage such public sidewalk or City facility or create a health and safety problem. Such sidewalks and City facilities shall be designated by resolution of the City Council to prohibit such use, and such designated sidewalks and City facilities shall be posted with signs prohibiting such use. The San Bernardino Sheriff's Department is authorized to enter any property posted in accordance with this section to enforce the provisions of this Chapter.

(b) Motorized skateboards and motorized scooters. No person shall operate, use, park, drive, propel, or cause to be propelled a motorized skateboard or motorized scooter on any City sidewalk or highway, bike path or trail, equestrian, hiking, or recreational trail, or any other property owned and controlled by the City.

(89-46 § 3; Ord. 169 § 1 (part), 2003)

(a) Except as otherwise expressly exempted by this Chapter, no person shall do either of the following on any public street, alley, sidewalk or right-of-way, public property or property owned and controlled by the City, or on private property unless consented to by the owner: (i) Use ramps, jumps or any other portable device for purposes of forcing the skateboard, roller skates, in-line skates, bicycle, or scooter off the pavement; or (ii) perform tricks and/or stunts.

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

(89-46 § 4; Ord. 169 § 1 (part), 2003)

No person shall use a skateboard or other wheeled toy in a manner that creates a nuisance. For purposes of this section, in addition to its common meaning, "nuisance" is defined to specifically include any activity which annoys, disturbs, disrupts or threatens another, and includes, but is not limited to, operating the skateboard or other wheeled toy in a manner that would (1) threaten injury to persons or property; (2) create an obstruction or present a hazard to the free use of public or private property by pedestrians or motorists; or (3) cause loud or unreasonable noises. Placing wax on curbs, hand railings, benches and other public property to facilitate skating shall also constitute a nuisance.

(89-46 § 5; Ord. 169 § 1 (part), 2003)

(a) Devices designed, intended and used for the transportation of merchandise to or from the place of purchase, and other wheeled devices, including but not limited to, wagons, when being used for either of these purposes, shall be exempted from the regulations imposed by this Chapter.

(b) The provisions of this Chapter shall not apply to a motorized or non-motorized wheelchair or other device that might meet the definition of skateboard or wheeled toy while it is being used for transportation by a physically handicapped person.

(c) The City Council may, from time to time, designate certain areas for use by skateboards, in-line skates and roller skates, by resolution, duly passed, including any skate park created on private or public property. Such areas shall be posted with signs or otherwise designated by the City.

(89-46 § 6; Ord. 169 § 1 (part), 2003)

(a) The City Manager or his or her designee is hereby authorized to adopt appropriate rules and regulations to be applicable at skate parks created pursuant to this Chapter. Such rules and regulations shall be conspicuously posted or otherwise designated by the City. Any violation of rules or regulations posted in accordance with this Chapter shall be deemed to be a violation of this Chapter.

(b) Notwithstanding anything herein, the City Council may, from time to time, by duly passed resolution, remove any area or skate park from its list of areas and/or skate parks designated for use by skateboards, in-line skates and roller skates.

(89-46 § 7; Ord. 169 § 1 (part), 2003)

(a) Any person who violates any provision of this Chapter shall be guilty of an infraction as defined by the California Penal Code and as described in Chapter 1.04. Subsequent violations of this Chapter may be deemed to be misdemeanors in the judgment of the prosecuting attorney.

(b) In addition to the penalties so described, any police officer or other person authorized to issue citations shall have the authority to impound any skateboard, in-line skates or roller skates of a person found violating this Chapter. Upon impoundment of any skateboard, in-line skates or roller skates as provided herein, the owner of such device shall be issued a receipt. Said receipt shall state the hours, location, time frame and manner for claiming the impounded skateboard, in-line skates or roller skates, as provided in paragraphs C and D below.

(c) Upon presentation of the receipt, the owner may claim the impounded skateboard, in-line skates or roller skates at the San Bernardino County Sheriff's Department, located at 6527 White Feather Road, Joshua Tree, California, during business hours. If the owner is a minor, such owner may only claim the impounded skateboard, roller blades or roller skates if accompanied by a parent or guardian. No fee may be assessed on the owner, parent or guardian.

(d) If the impounded skateboard, in-line skates or roller skates is/are not claimed within 60 days after the date of impoundment, the City may dispose of the item(s) by public sale at auction.

(Ord. 169 § 1 (part), 2003)