Victorville Municipal Code Ch. 14.05 Skateboarding, Use of Other Wheeled Recreational Devices, and Public…

This chapter shall be known and may be cited as the "Skateboarding and Public Skate Park Facilities Ordinance."

(Ord. No. 2411, § 2, 9-15-20)

The following words and terms as used in this chapter shall have the meanings set forth below, unless it is apparent from the context that a different meaning is intended. Words used in the present tense include the future, words used in the singular number also include the plural, and words used in the plural number include the singular, unless the natural construction of wording indicates otherwise:

(a) "Other wheeled recreational device" means nonmotorized bicycles, scooters, inline skates, roller skates, or wheelchairs being used for recreational purposes, but excludes skateboards.

(b) "Public skate park facility" means any facility, structure, or area in which the skate activity is permitted by the provisions of this chapter or any additional rules and regulations adopted by city council resolution, which is owned, operated, and maintained by the city, and designated as a public skate park facility by this chapter or subsequent city council resolution.

(c) "Skate activity" means riding or operating a skateboard, as defined in subdivision (d) of this section, or if permitted as specified in section 14.05.060 of this chapter, riding or operating any other wheeled recreational device, as defined in subdivision (a) of this section.

(d) "Skateboard" means a board of any material which has wheels attached to it, and is propelled or moved by human gravitational or mechanical power, to which there is not fixed any device or mechanism to turn or control the wheels, and excludes other wheeled recreational devices.

(e) "Skater" means any person participating in a skate activity.

(f) "Skating surface" means the area within the public skate park facility designed for skate activity.

(Ord. No. 2411, § 2, 9-15-20)

(a) The purpose and intent of this chapter is to:

(1) Establish regulations for the use and enjoyment of all public skate park facilities designated by the city council in the interest of public safety;

(2) Comply with California Health and Safety Code Section 115800 by adopting an ordinance requiring use of safety equipment by all users of such public skate park facilities and the posting of signs therein; and

(3) Satisfy the conditions of California Health and Safety Code Section 115800 (as such may be amended from time to time) for qualified immunity from liability for hazardous recreational activities as defined in California Government Code Section 831.7.

(b) To the extent that there are inconsistencies with other provisions of Title 14 of this Code, this chapter shall prevail with regard to the use of public skate park facilities in the city.

(Ord. No. 2411, § 2, 9-15-20)

(a) This chapter shall apply to skate activity in public skate park facilities, prohibited uses of skateboards and other wheeled recreational devices on property in the city outside of a designated public skate park facility, and related signage.

(b) This chapter shall apply to the full extent permitted by the statutes and laws of the State of California, particularly Health and Safety Code Section 115800 and Government Code Section 831.7.

(Ord. No. 2411, § 2, 9-15-20)

The facility constructed in Doris Davies Park (the "Doris Davies Skate Park") is hereby designated as a Public Skate Park Facility. The City Council shall designate by resolution any future facilities, areas or structures that are to be considered Public Skate Park Facilities.

(Ord. No. 2411, § 2, 9-15-20)

(a) Unless and until California Health and Safety Code Section 115800 is amended to read substantially in the form currently proposed by Senate Bill 1003, California 2019—2020 Regular Session, as amended on July 20, 2020, only the riding or operation of skateboards shall be permitted in public skate park facilities. Effective immediately on the date upon which such amended section, or such other new state statute which accomplishes the same purposes as Senate Bill 1003, becomes effective, the riding of other wheeled recreational devices as defined in this chapter shall be permitted in the Doris Davies Skate Park.

(b) Permitted uses other than riding or operating skateboards in any other public skate park facility shall be set forth in the city council resolution designating such facilities as a public skate park facility.

(Ord. No. 2411, § 2, 9-15-20)

(a) The following rules and regulations shall apply to public skate park facilities:

(1) No person shall use a public skate park facility at times other than those established as the hours of operation. No person shall use or remain in such facility in violation of this section without written consent of the city. The city's curfew ordinance shall be strictly enforced.

(2) Except as specified in section 14.05.060 of this chapter, no person shall operate or ride anything other than a skateboard on the skating surface of a public skate park facility.

(3) No person shall bring motorized vehicles into a public skate park facility.

(4) No person shall engage in skate activity on the skating surface of a public skate park facility unless that person is wearing proper safety equipment, including at least a helmet, elbow pads, and knee pads, which are in good condition, and designed and approved for skate activity. All helmets and pads must be properly worn and fastened during skate activity.

(5) No person shall introduce, employ, or use any unauthorized equipment, obstacles, or apparatus within a public skate park facility.

(6) No person shall apply graffiti or otherwise deface a public skate park facility.

(7) No person shall engage in skate activity in a public skate park facility while wearing earphones, earbuds, headphones, or audio headsets.

(8) No person shall play amplified music within a public skate park facility without written consent of the city.

(9) No person shall permit spectators to enter onto the skating surface of a public skate park facility.

(10) No person shall enter or remain on the skating surface of a public skate park facility with any food, beverages, or glass containers. All trash must be placed within the trash receptacles provided by the city for such purpose.

(11) No person shall engage in skate activity on wet surfaces.

(12) The hours of operation are subject to change from time to time as posted at the site. Public skate park facilities will be closed periodically for maintenance and repair and subject to closure due to inclement or extreme weather conditions.

(13) Smoking (as defined in section 6.14.010 of this Code), alcohol and drug use are prohibited inside a public skate park facility and within a three hundred-foot radius thereof.

(14) No special events or contests are allowed in a public skate park facility, unless authorized by the city manager or his/her duly authorized designee.

(15) No person shall use profane or abusive language, act in any discourteous manner, or use violence and/or weapons in a public skate park facility.

(16) No person shall engage in any activity that constitutes dangerous or reckless behavior that has the potential of injuring another skater.

(17) No person shall throw or launch a Skateboard toward spectators or other skaters. All users of the public skate park facility shall be courteous to others and welcome new skaters.

(18) All users of the public skate park facility shall share the skating surface with other skaters.

(19) No person shall bring animals or pets onto the skating surface.

(20) No person shall engage in skate activity in a public skate park facility unless the individual is age twelve (12) years or older. Individuals under the age of 12 years old shall be accompanied by a parent or legal guardian.

(21) The City of Victorville is not responsible for loss or damage to skateboards, other wheeled recreational devices (if permitted), or other personal property.

(22) Failure to adhere to public skate park facility rules and regulations may result in a citation.

(b) Violations of the rules and regulations set forth in this section shall be subject to the penalties set forth in section 14.05.120 hereof.

(Ord. No. 2411, § 2, 9-15-20)

In addition to the rules, regulations and restrictions set forth in this chapter, the city council may, from time to time, adopt by resolution such additional regulations as may be deemed necessary to regulate the use of the public skate park facility. Such additional regulations shall become effective upon the posting of signs at the facility.

(Ord. No. 2411, § 2, 9-15-20)

(a) The city manager or his/her duly authorized designee shall erect and maintain visible regulatory signs consistent with standards for signs utilized by the public works department at any public skate park facility. Such signs shall indicate, at a minimum, the hours of operation of the facility, the rules and regulations set forth in section 14.05.070 of this chapter and those adopted by city council resolution, and shall afford reasonable notice that any person engaging in skate activity at a public skate park facility must, at all times, wear a helmet, elbow pads, and knee pads, and that any person failing to do so is in violation of the Victorville Municipal Code and is subject to citation and penalties as set forth in section 14.05.120 of this chapter.

(b) Such signs shall further state that:

(1) The use of any public skate park facility is hazardous recreational activity within the meaning of California Government Code Section 831.7;

(2) All users of the public skate park facility engage in all skate activity at their own risk; and

(3) The City of Victorville does not supervise the public skate park facility and is not liable for injuries pursuant to California Health and Safety Code Section 115800 and California Government Code Section 831.7.

(Ord. No. 2411, § 2, 9-15-20)

(a) Subject to subdivision (c) of this section, no person shall operate or use any skateboard or other wheeled recreational device while:

(1) Upon any parking facility, including a parking lot, whether public or private, and upon private property where notification pursuant to subdivision (c) of this section has been provided; and

(2) Upon any city-owned property including the City Hall complex; provided that notification by a sign or signs conspicuously posted on the property or premises giving notice of the activities prohibited has been provided.

(b) The prohibitions of subdivision (a) of this section shall not apply to non-recreational wheelchairs, bicycles, or areas designated by resolution as public skate park facilities.

(c) Within the meaning of subdivision (a) of this section, notification relating to private property shall mean notification by the owner or lessee or other person in charge of the property or premises which may be satisfied by direct verbal communication by any such person or by his duly designated agent, including peace officer or private patrolman, or by a sign or signs conspicuously posted on the property or premises giving notice of the activities prohibited.

(Ord. No. 2411, § 2, 9-15-20)

No person shall operate or use any skateboard or other wheeled recreational device in a manner which creates a nuisance. For purposes of this section, the term "nuisance" is defined as any activity which:

(a) Threatens injury to a person or property;

(b) Creates an obstruction or presents a hazard to the free use of public or private property by pedestrians or motorists; or

(c) Generates loud or unreasonable noise.

(Ord. No. 2411, § 2, 9-15-20)

Violations of any rule, regulation or prohibition set forth in this chapter or established pursuant to section 14.05.080 hereof, shall constitute infractions and violators shall be subject to issuance of citations and the penalties set forth in section 1.04.010 of this Code.

(Ord. No. 2411, § 2, 9-15-20)