Chapter 8.30
SKATEBOARDS AND OTHER SKATING AND RIDING DEVICES
Sections:
8.30.060 Skateboards and roller skates prohibited on highways and roadways.
8.30.070 Motorized scooters prohibited on city bicycle paths, trails and bikeways.
8.30.080 Notice by signage or lettering.
8.30.010 Findings.
The city council finds that the operation of skateboards and roller skates is inconsistent with the safe and proper use of highways and roadways intended for vehicular traffic, and inconsistent with the safe and proper use of sidewalks in the downtown area intended for pedestrian traffic. The city council also finds that the operation of motorized scooters on bicycle paths, trails and bikeways is inconsistent with the safe and proper use of such bicycle paths, trails and bikeways intended for bicycle traffic. The city council also finds that the use of skateboards and roller skates on city highways, roadways, and downtown sidewalks has become a hazard to the operation of motor vehicle traffic within the city, a hazard to pedestrians using sidewalks in the downtown area of the city, and a hazard to operators of skateboards and roller skates. The city council also finds that the use of motorized scooters on bicycle paths, trails and bikeways has become a hazard to bicycle traffic using bicycle paths, trails and bikeways in the city and a hazard to operators of motorized scooters. (Ord. 621-2004 § 2 (part), 2004)
8.30.020 Purpose.
The purpose of this chapter is to eliminate hazards to vehicles and pedestrians from the use of skateboards and roller skates on city highways and roadways and on city sidewalks in the downtown area, to eliminate hazards to bicycles from the use of motorized scooters in city bicycle paths, trails and bikeways, to eliminate related hazards to operators of skateboards, roller skates and motorized scooters, and to eliminate damage to city facilities and improvements from prohibited use of skateboards, roller skates and motorized scooters. (Ord. 621-2004 § 2 (part), 2004)
8.30.030 Definitions.
The following definitions apply for the purposes of this chapter:
A. “Downtown area” means the area in the city described as follows: Beginning at the intersection of Cloverdale Boulevard and Third Street; south on Cloverdale Boulevard to Railroad Avenue; then east on Railroad Avenue to Rocky Dale Lane; then north on Rocky Dale Lane to Lake Street; then east on Lake Street to Main Street; then north on Main Street to Third Street; then west on Third Street to the point of origin. The downtown area includes the area east of the western limit of the sidewalk on the west side of Cloverdale Boulevard, and north of the southern limit of the sidewalk on the south side of Railroad Avenue, and west of the eastern limit of Rocky Dale Lane, and north of the southern limit of the sidewalk on the south side of Lake Street, and west of the eastern limit of the sidewalk on the east side of Main Street, and south of the southern limit of the sidewalk on the south side of Third Street. The downtown area excludes Third Street and the sidewalks adjacent and parallel to Third Street. The downtown area is depicted below.
B. “Motorized scooter” has the same meaning as in California Vehicle Code Section 407.5 or any successor statutes. At the time this chapter was enacted, California Vehicle Code Section 407.5 defined motorized scooters as any two-wheeled device that has handlebars, is designed to be stood or sat upon by the operator, is powered by an electric motor or a motor powered by a source other than electrical power, and is capable of propelling the device with or without human propulsion. At the time this chapter was enacted, the definition of motorized scooters in California Vehicle Code Section 407.5 excluded electric personal assistive mobility devices, as defined in California Vehicle Code Section 313, motorcycles, as defined in California Vehicle Code Section 400, motor driven cycles, as defined in California Vehicle Code Section 405, motorized bicycles or mopeds, as defined in California Vehicle Code Section 406, and toys, as defined in California Health and Safety Code Section 108550.
C. “Roller skates” means a set of wheels of any number attached to footwear, or a device that connects any number of wheels to an ordinary shoe, where such wheels may be used to propel the wearer.
D. “Skateboard” means a transportation device consisting of a platform on which any number of wheels is fastened and that may be propelled by the operator pushing off the ground with one foot or by the force of gravity. The definition of skateboard in this chapter excludes motorized scooters as defined in California Vehicle Code Section 407.5 and any successor statutes, and also excludes motorized skateboards as that term is used in California Vehicle Code Section 21968 and any successor statutes. (Ord. 621-2004 § 2 (part), 2004)
8.30.040 Operation of skateboards and roller skates on downtown area sidewalks and unsafe operation of skateboards and roller skates on any city sidewalks prohibited.
Pursuant to the authority in California Vehicle Code Sections 21967 and 21969, riding or propelling skateboards or roller skates is prohibited on sidewalks in the downtown area, and riding or propelling skateboards or roller skates in a manner that threatens the safety of pedestrians and/or operators of skateboards, roller skates and/or other vehicles is prohibited on all city sidewalks. Riding or propelling skateboards or roller skates is permitted on city sidewalks outside the downtown area to the extent such use is consistent with the safety of pedestrians and operators of skateboards, roller skates and other vehicles. (Ord. 621-2004 § 2 (part), 2004)
8.30.050 Prohibited or unsafe operation of skateboards, roller skates, or motorized scooters—Declaration of nuisance.
The city council finds and determines that the operation of skateboards or roller skates on sidewalks in the downtown area is dangerous to the health and safety of pedestrians and operators of skateboards and roller skates, is an obstruction of the free passage and use of sidewalks in the customary manner, and is therefore a nuisance within the meaning of California Civil Code Section 3479 and Section 8.02.020. The city council also finds and determines that the operation of skateboards or roller skates on any highways, sidewalks or roadways anywhere in the city in a manner that evidences willful, wanton or reckless disregard of the safety of others in the vicinity or of the skateboard or roller skates operator, or in a manner that creates in any pedestrian or vehicle operator a reasonable apprehension of physical harm or which inflicts upon any pedestrian fright or other emotional distress, is injurious to health, is an obstruction of the free passage and use of highways, sidewalks and roadways in the customary manner, and is therefore a nuisance within the meaning of California Civil Code Section 3479 and Section 8.02.020. The city council also finds and determines that the operation of motorized scooters on city bicycle paths, trails or bikeways is dangerous to the health and safety of cyclists, pedestrians and operators of motorized scooters, is an obstruction of the free passage and use of bicycle paths, trails and bikeways in the customary manner, and is therefore a nuisance within the meaning of California Civil Code Section 3479 and Section 8.02.020. (Ord. 621-2004 § 2 (part), 2004)
8.30.060 Skateboards and roller skates prohibited on highways and roadways.
Pursuant to the authority in California Vehicle Code Sections 21967 and 21969, the riding or propelling of skateboards or roller skates is prohibited on all highways and roadways and other public rights-of-way in the city intended for use by motor vehicle traffic. (Ord. 621-2004 § 2 (part), 2004)
8.30.070 Motorized scooters prohibited on city bicycle paths, trails and bikeways.
Pursuant to the authority in California Vehicle Code Section 21230, the riding or propelling of motorized scooters is prohibited on all city bicycle paths, trails and bikeways. (Ord. 621-2004 § 2 (part), 2004)
8.30.080 Notice by signage or lettering.
Subject to applicable law, further notice of the restrictions contained in this chapter may be given, but is not required to be given, by signage and/or lettering, in the discretion of the chief of police and/or the city engineer. (Ord. 621-2004 § 2 (part), 2004)
8.30.090 Penalties.
A. Infraction/Misdemeanor. Violations of the requirements of this chapter will be deemed infractions; except, that second and subsequent violations within a one-year period may be charged as misdemeanors. Fines applicable to violations of this chapter will be as established pursuant to the city bail schedule and applicable law, including, but not limited to, California Government Code Section 36900.
B. Diversion. For first time violations of this chapter, or repeat violations of this chapter that occur one year or more after a prior violation, in lieu of any other penalties that may apply to violations of this chapter, except for restitution, the city may seek an order from the court requiring participation in a city-approved diversion and education program, with costs of participation in the program to be borne by the defendant. The court, following a hearing, may in its discretion order such diversion in addition to any restitution also sought by the city and ordered by the court, but in lieu of any other penalties applicable to violations of this chapter. Persons eligible for diversion under this chapter may, in lieu of a hearing on diversion and or/restitution under this chapter, agree to such diversion and/or restitution as is recommended by the chief of police.
C. Confiscation and Forfeiture. Motorized scooters, roller skates and skateboards used in alleged violations of this chapter may be confiscated and held by the city police department pending a court hearing or other disposition concerning the alleged violation. Pursuant to the authority in California Government Code Section 36901, and in addition to, and not in lieu of, any other penalties that may apply to violations of this chapter, the city may seek the forfeiture of any motorized scooters, roller skates and/or skateboards used in violation of this chapter. The court, following a hearing on an alleged violation of this chapter, may in its discretion order the forfeiture of devices used in violation of this chapter in addition to any other penalties imposed by the court. Devices used in violation of this chapter are also subject to forfeiture without a hearing pursuant to the city bail schedule upon forfeiture of bail.
D. Restitution. In addition to, and not in lieu of, any other penalties that may apply to violations of this chapter, the city may seek a court order of restitution pursuant to California Penal Code Section 1202.4 or other applicable law. Subject to applicable law, the city may seek restitution in an amount sufficient to fully reimburse the city for every economic loss incurred as a result of a violation of this chapter. Such amounts may include, but are not limited to, amounts necessary to cover the cost of replacing or repairing damage to city property, interest, and attorneys’ fees incurred to collect restitution.
E. Nuisance Abatement. Nuisances pursuant to Section 8.30.050, in addition being subject to the penalties established in this chapter, are subject to abatement in accordance with the requirements of Chapter 8.02. (Ord. 621-2004 § 2 (part), 2004)
8.30.100 Disposal.
The city may dispose of motorized scooters, roller skates and skateboards forfeited pursuant to this chapter in accordance with Section 3.08.110. (Ord. 621-2004 § 2 (part), 2004)