Chapter 12.30
SKATEBOARDS AND SKATE PARKS
Sections:
12.30.050 Helmet, elbow pads, and kneepads required.
12.30.060 Regulations of use and rules of conduct.
12.30.080 Posting of signs at skate park.
12.30.010 Purpose.
The purpose of this chapter is to:
A. Prohibit skateboarding and the use of skates on sidewalks within specific areas.
1. The city council finds that skateboarding and the use of other wheeled recreational devices create a physical hazard to pedestrians and motorists in congested areas because 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.
2. It is the intent of this chapter to eliminate those hazards by prohibiting persons from riding, propelling, or using skateboards or other wheeled recreational devices on sidewalks and/or parking lots in certain districts within the city as defined herein, and other areas as set forth in this chapter.
B. Comply with Health and Safety Code Section 115800 that requires skate park operators to adopt an ordinance requiring persons riding skateboards and other wheeled recreational devices at skate park facilities to wear a helmet, elbow pads, and kneepads. (Ord. 932 §1, 2022)
12.30.020 Definitions.
The following definitions apply to this chapter:
A. "Sidewalk" means the area between a private property line and the street line, which is customarily used for pedestrian foot traffic or for wheelchairs, whether hard surfaced or not.
B. "Skateboard" means a mechanism on wheels 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" means 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, rollerblades or roller skates.
D. "Other wheeled recreational device" means nonmotorized bicycles, scooters, in-line skates, roller skates, or wheelchairs being used for recreational purposes. (Ord. 932 §1, 2022)
12.30.030 Prohibition.
The riding, propelling, or use of skateboards, skates, or other wheeled recreational devices by persons is prohibited:
A. On all sidewalks within that area bounded by the south side of Martin Street on the south, the south side of Seventh Street on the north and along both sides of Main Street.
B. Within public parks.
C. Within a shopping center including its pedestrian walkways, apartment parking lot, or within twenty feet of the entrance to any shop, store, or commercial building if the person in charge of the location has posted a sign which is in plain view of pedestrians and motorists that substantially complies with this section. The posting of these signs is voluntary on the part of any such property manager or owner.
1. For shopping centers, signs shall be posted on the property of the shopping center, along each exterior entrance of the shopping center, in plain view of pedestrians and motor vehicle operators entering the center at such entrances. Additional signs, as described below, may be posted within the interiors of the shopping center. These signs shall be maintained by the management of the shopping center.
2. Each such sign shall state: "SKATEBOARDING PROHIBITED" and underneath "City of Lakeport Municipal Code Section 12.30.030." The signs shall be not less than one square foot in area and will have letters not less than two inches in height.
3. Managers or owners of private property desiring to post their property shall deliver written notification of such posting to the city chief of police not less than twenty-four hours prior to posting the signs.
4. Any manager or owner may withdraw from the provisions of this chapter by notifying the chief of police, in writing, of such withdrawal, and removing the required signs. (Ord. 932 §1, 2022)
12.30.040 Exemptions.
The provisions of Section 12.30.030 shall not apply to:
A. Privately owned roadways;
B. Any parks specifically designed for skateboarding or the use of other wheeled recreational devices; and
C. Any public park or facility where skateboarding or the use of other wheeled recreational devices is conducted as part of an activity or event and a permit allowing such use is obtained from the city with adequate indemnity and proof of insurance supplied. (Ord. 932 §1, 2022)
12.30.050 Helmet, elbow pads, and kneepads required.
A. Skateboarding has been deemed a hazardous recreational activity by the state of California within the meaning of Government Code Section 831.7; individuals using a city skate park facility shall assume all risk of injury or loss.
B. No person shall be permitted to ride a skateboard, other wheeled recreational device, or other similar device in any skate park within the city unless that person is wearing a helmet, elbow pads, and kneepads. (Ord. 932 §1, 2022)
12.30.060 Regulations of use and rules of conduct.
Any person using a skate park shall comply with the following rules and regulations:
A. The hours of use of the skate park shall be from eight a.m. to seven p.m. Pacific Daylight Time, and eight a.m. to five p.m. Pacific Standard Time. Use of the skate park at any other time is prohibited.
B. While using the facility, 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 skating area.
E. No moveable obstacles or materials (i.e., ramps/jumps) are allowed in the skate park. Any person modifying ramps on the skating surface of the skate park shall be guilty of an infraction and shall be subject to citation. Prohibited equipment, devices, and makeshift items may be confiscated and destroyed.
F. Placing of graffiti anywhere in or on the skate park is prohibited and the skate 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 skate park shall be responsible for the cost of removal and damages thereof.
G. The city reserves the right to establish and set aside times in which the skate park may be used by identified age groups, such as younger children.
H. Any person who fails or refuses to comply with the provisions of this section and who is injured while using a skate park facility shall be deemed negligent per se.
I. 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 thereof;
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.
J. Everyone shall treat each other with respect and courtesy. (Ord. 932 §1, 2022)
12.30.080 Posting of signs at skate park.
Signs shall be posted at all skate parks providing notice that any person riding a skateboard, other wheeled recreational device, or similar device must wear a helmet, elbow pads, and kneepads, and that any person failing to do so will be subject to citation and prohibited from using the facilities for one year. Signs shall also be posted providing all persons using the facility with reasonable notice of the regulations in this chapter and further providing notice that any person failing to follow these regulations shall be subject to citation pursuant to this chapter. (Ord. 932 §1, 2022)
12.30.090 Penalties.
A. The violation of this chapter shall be deemed an infraction for a first offense and punishable by a fine not exceeding fifty dollars for a first violation; second and subsequent offenses within one year may be prosecuted or cited as misdemeanors or infractions. Additionally, any person found by a preponderance of the evidence to have violated any provision of Section 12.30.060 may lose the privilege to use the skate park facility for up to one year.
B. Whenever a law enforcement officer has probable cause to believe a skateboard or other wheeled recreational device was used or is being used in violation of this chapter, such skateboard and other wheeled recreational devices may be seized as evidence and held until the disposition of the charge.
1. Whenever a law enforcement officer determines that a person has two prior citations for a violation of this chapter, such skateboard or other wheeled recreational device may be impounded for a period of sixty days. A person whose skateboard or other wheeled recreational device has been impounded pursuant to this section may request a post-impoundment hearing within five days to determine the validity of, or to address any mitigating circumstances attendant to, the impoundment of the skateboard or other wheeled recreational device.
2. Where a person has been found to have three or more previous violations of this section, any subsequent conviction for a violation of this section shall result in the skateboard or other wheeled recreational device being deemed a nuisance and shall be sold at auction. (Ord. 932 §1, 2022)