Chapter 12.36
SKATEBOARDS AND SKATEPARKS
Sections:
Article I. Skateboards
Article II. Skateparks
12.36.080 Helmet, elbow pads, and knee pads required.
12.36.090 Posting of signs at skatepark.
12.36.100 Regulations of use and rules of conduct.
Article I. Skateboards
12.36.010 Purpose.
The purpose of this article is to prohibit skating activities, including, but not limited to, skateboarding, in-line skating, roller blading, roller skating or other types of skating on sidewalks and streets within the specific areas. The City Council finds that skateboarding and skating create a physical hazard to pedestrians and motorists in congested areas in that these devices can quickly change direction, often without warning to nearby pedestrians and motorists, and that a person operating or using such a device can become easily hidden behind pedestrians and motorists and thus be unseen to others nearby. It is the intent and purpose of this article to eliminate those hazards by prohibiting persons from riding, propelling or using skateboards, roller skates, roller blades, in-line skates or other types of skates on public rights-of-way intended for vehicular traffic, on sidewalks and/or parking lots in certain districts within the City as defined herein, and other areas as set forth in this article. (Ord. 949 § 1, 1998. Code 1964 § 13A-010.)
12.36.020 Definitions.
The following definitions apply to the provisions of this article:
A. “Sidewalk” shall mean 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.
B. “Skateboard” is a mechanism on wheels which are fastened to a platform, commonly constructed to accommodate a standing person. Skateboards are normally propelled by the operator pushing off the ground with one foot or by the force of gravity.
C. “Skates” shall mean any footwear device which may be attached to the foot or footwear, to which wheels are attached, including wheels that are “in-line” and where such wheels may be used to aid the wearer in moving or propulsion, including in-line skates, roller blades or roller skates. (Ord. 949 § 1, 1998. Code 1964 § 13A-020.)
12.36.030 Prohibition.
The riding or propelling or use of skateboards or skates by persons is prohibited:
A. On all sidewalks and public rights-of-way intended for vehicular traffic within the following districts as set forth and defined by the zoning code of the City of Healdsburg:
1. C District (Commercial);
2. M District (Industrial);
3. P District (Public);
4. M-P (Health Care Services District).
B. In the Healdsburg Downtown Plaza.
C. Within public parks and recreational grounds.
D. In pedestrian walkways or parking areas situated within a shopping center if the person in charge of the shopping center has posted a sign which is in plain view of pedestrians and motorists prohibiting skateboarding or skating. (Ord. 949 § 1, 1998. Code 1964 § 13A-030.)
12.36.040 Exemptions.
The provisions of this article shall not apply to:
A. Privately owned roadways;
B. Any parks specifically designed for skateboarding or skating activities;
C. In any public park or facility where the skateboarding or skating is conducted as part of an activity or event and a permit allowing said use is obtained from the City with adequate proof of insurance supplied. (Ord. 949 § 1, 1998. Code 1964 § 13A-040.)
12.36.050 Penalties.
The violation of this article shall be deemed an infraction for a first offense and punishable by a fine not exceeding $50.00 for a first violation; second and subsequent offenses within one year may be prosecuted as misdemeanors or infractions. (Ord. 949 § 1, 1998. Code 1964 § 13A-050.)
Article II. Skateparks
12.36.060 Purpose.
The purpose of this article is to comply with Health and Safety Code Section 115800 that requires skatepark operations to adopt an ordinance requiring persons riding skateboards, in-line skates, and other self-propelled wheeled apparatus at said facilities to wear a helmet, elbow pads, and knee pads. (Ord. 963 § 1, 2000. Code 1964 § 13B-010.)
12.36.070 Definitions.
The following definitions apply to the provisions of this article:
A. “Skateboard” is a mechanism with wheels that are fastened to a platform, commonly constructed to accommodate a standing person. Skateboards are normally propelled by the operator pushing off the ground with one foot, or by the force of gravity.
B. “Skates” shall mean any footwear device which may be attached to the foot or footwear, to which wheels are attached, including wheels that are “in-line” and where such wheels may be used to aid the wearer in moving or propulsion, including in-line skates, roller blades, and roller skates. (Ord. 963 § 1, 2000. Code 1964 § 13B-020.)
12.36.080 Helmet, elbow pads, and knee pads required.
No person shall be permitted to ride skateboards, in-line skates, or other similar devices in the skatepark unless that person is wearing a helmet, elbow pads, and knee pads. (Ord. 963 § 1, 2000. Code 1964 § 13B-030.)
12.36.090 Posting of signs at skatepark.
Signs shall be posted at the skatepark giving notice that any person riding a skateboard, in-line skates, or similar devices must wear a helmet, elbow pads, and knee pads, and that any person failing to do so will be subject to citation and prohibition of use of the facilities for one year. Signs shall also be posted setting rules for use of the skatepark as set from time to time by resolution, and violation thereof will be subject to citation. (Ord. 963 § 1, 2000. Code 1964 § 13B-040.)
12.36.100 Regulations of use and rules of conduct.
Any person using the skatepark shall comply with the following rules and regulations:
A. The hours of use of the skatepark shall be from 8:00 a.m. to 7:00 p.m. Daylight Savings Time, and 8:00 a.m. to 5:00 p.m. Pacific Standard Time. Use of the park at any other time is prohibited.
B. While skating or skateboarding, the participant may only use those areas designated for skateboarding or related skating activities.
C. While using the facility, the participant must use personal safety equipment comprised of at least head, knee, and elbow protection.
D. No food or drink is allowed in the designated skate area.
E. No moveable obstacles or materials (i.e., ramps/jumps) are allowed in the park.
F. Bicycling is prohibited within the skate area.
G. Placing of graffiti anywhere in or on the park is prohibited and the park will be closed until the graffiti is removed and/or repaired. In addition to other penalties provided herein, any person putting graffiti on any part of the skatepark shall pay for the cost of removal and damages thereof.
H. Personal Conduct and Behavior. The following are prohibited in the park area at all times:
1. Possession or use of drugs or alcohol or being under the influence;
2. Fighting or other violence;
3. Possession or use of firearms, knives, or other weapons of any kind;
4. Smoking or use of tobacco products.
I. Everyone shall treat each other with respect and courtesy. (Ord. 963 § 1, 2000. Code 1964 § 13B‑050.)
12.36.110 Penalties.
The violation of this article shall be deemed an infraction for a first offense and punishable by a fine not exceeding $50.00 for a first violation; second and subsequent offenses within one year may be prosecuted as infractions or misdemeanors. A second infraction within a year may be punishable by a fine not exceeding $100.00; and a third or further infraction within a year may be punishable by a fine not exceeding $250.00. Additionally, any person found by a preponderance of the evidence to have violated any provision of this article may lose his/her privilege to use the skatepark facility for up to one year. (Ord. 963 § 1, 2000. Code 1964 § 13B-060.)