Chapter 12.30
SKATE PARK FACILITY
Sections:
12.30.020 Skate park designated.
12.30.040 Vehicles prohibited.
12.30.060 Safety equipment required.
12.30.070 Skateboarding and in-line skating are hazardous recreational activities.
12.30.080 Areas of non-use of skateboards and in-line skates prohibited.
12.30.090 Restrictions on operation.
12.30.100 Hours of operation and prohibited hours.
12.30.110 Signs posted at skate park.
12.30.120 Skate park rules and regulations.
12.30.140 Violation and penalty.
12.30.160 Unsupervised skating venue and adult supervision of minor child.
12.30.010 Purpose.
The purpose of this chapter is to promote the public peace and the health, safety, and welfare of the residents of the city of Patterson by establishing regulations for the use of skate parks operated within the city of Patterson. This chapter does not preclude other civil or criminal actions in regard to conduct proscribed herein. The city council hereby declares that skateboarding is a hazardous recreational activity. Individuals using a skate park in the city of Patterson shall assume all risk of injury or loss. (Ord. 719 (part), 2011).
12.30.020 Skate park designated.
The city of Patterson designates and maintains as a skate park facility (hereinafter “skate park”) that area located in the Patterson Community Complex, at 1025 West Las Palmas Avenue, Patterson, California 95363, for the purpose of riding or using skateboards and in-line skates. (Ord. 719 (part), 2011).
12.30.030 Definitions.
For the purpose of carrying out the intent of this chapter, words, phrases and terms used herein shall have their ordinary meaning unless otherwise indicated as follows:
A. “Department” means the city of Patterson, parks and recreation department.
B. “Director” means the director of parks and recreation, or his or her designee.
C. “Public skate park facility” is defined as any facility, structure or area in which skateboarding is permitted pursuant to the provisions of this chapter, which is owned, operated and maintained by the city, and which has been designated as a “public skate park facility” by ordinance of the city council.
D. “In-line skates,” including roller blades and roller skates, is defined as any shoe, boot or other footwear to which one or more wheels are attached.
E. “Skateboard” is defined as any platform of any composition or size to which two or more wheels are attached and which is intended to be ridden or propelled by one or more persons standing or kneeling upon it to where there is not affixed any seat or any other device or mechanism to turn and control the wheels.
F. “Skater” means any person participating in a skate activity.
G. “Skate activity” means the use of a skateboard, as defined in subsection E of this section, or the use of in-line skates, as defined in subsection D of this section.
H. “Designated skate park” means an area within a park or other public property which is posted as a skate park permitting one or more skate activities, and which is reserved exclusively, either during all hours of operation, or during posted times, for one or more skate activity.
I. “Sidewalk” means that portion of a road, street or highway designed or ordinarily used for pedestrian travel and includes any pedestrian walkways in any parks within the commercial or business districts of the city.
J. “Roadway” means that city portion of the highway or street improved or designed especially for vehicular use or travel. (Ord. 719 (part), 2011).
12.30.040 Vehicles prohibited.
It shall be unlawful for any person to use any bicycle, tricycle, unicycle, scooter, motorized or nonmotorized or any vehicle not listed in Section 12.30.050 within the confines of the skate park. (Ord. 719 (part), 2011).
12.30.050 Vehicles allowed.
All vehicles classified as skateboards, roller blades/in-line skates and roller skates that are propelled by human power and meet the definitions as prescribed in Section 12.30.030 are allowable for usage in the skate park. (Ord. 719 (part), 2011).
12.30.060 Safety equipment required.
A. It is unlawful for a person to ride or use a skateboard or in-line skates, or roller skates in the skate park unless that person is wearing a helmet, elbow pads, and knee pads, pursuant to California State Health and Safety Code Section 115800(a).
1. All safety equipment shall be functional, properly sized, and in good repair. Helmets shall conform to state standards relating to bicycle safety helmets.
2. The director may set forth any other rules and regulations for use of a public skate park facility, which he or she deems appropriate provided that signs describing such rules and regulations are placed and posted pursuant to this chapter. (Ord. 719 (part), 2011).
12.30.070 Skateboarding and in-line skating are hazardous recreational activities.
A. Skateboarding and in-line skating are deemed hazardous recreational activities, within the meaning of Government Code Section 831.7, and by Health and Safety Code Sections 115800 and 115800.1 under specified conditions.
B. The city of Patterson adopts the pertinent state law definitions of hazardous recreational activities and affirms that use of the Patterson Skate Park is deemed a hazardous recreational activity to the fullest extent permitted by law.
C. In conformity with Health and Safety Code Sections 115800 and 115800.1, and California Government Code Section 831.7:
1. The city designates the Patterson Skate Park, located in the Patterson Community Complex in Patterson, California, a recreational area in which skateboarding is permitted; and
2. The city shall post notice advising the public that skateboarding in the designated facility is deemed a hazardous recreational activity and that the city shall not be liable for injuries incurred by participants. Any person(s) entering the facility assumes all risk of injury or death;
3. The city designates the Patterson Skate Park, located in the Patterson Community Complex in Patterson, California, a recreational area in which in-line skating is permitted; and
4. The city shall post notice advising the public that in-line skating in the designated area is deemed a hazardous recreational activity and that the city shall not be liable for injuries incurred by participants. Any person(s) entering the facility assumes all risk of injury or death. (Ord. 719 (part), 2011).
12.30.080 Areas of non-use of skateboards and in-line skates prohibited.
No person shall ride a bicycle, roller skate, or skateboard upon any sidewalk in the business district of the city as defined in Section 10.28.150(A). (Ord. 719 (part), 2011).
12.30.090 Restrictions on operation.
No person shall operate or ride a skateboard, in-line skates or similar device upon any sidewalk, street or parking area in any manner which endangers the safety of any other person or property or restricts the movement of pedestrians, pursuant to Section 10.28.150(B). (Ord. 719 (part), 2011).
12.30.100 Hours of operation and prohibited hours.
The Patterson Skate Park facility shall be open from seven a.m. to ten forty-five p.m. daily, or during hours otherwise posted by the director. Every person who occupies, or is present in the skate park between the hours of ten forty-five p.m. and seven a.m. without a permit therefor is guilty of a misdemeanor. (Ord. 719 (part), 2011).
12.30.110 Signs posted at skate park.
In order to provide reasonable notice to the public, the director shall place and post signs in one or more conspicuous and visible area(s) of the skate park facility designating the facility, structure or area as the public skate park facility, specifying the rules and regulations established pursuant to this chapter, and prohibiting the activities described in this chapter. The signs required pursuant to this section shall cite the respective Patterson Municipal Code sections being invoked. (Ord. 719 (part), 2011).
12.30.120 Skate park rules and regulations.
It shall be unlawful for any person within the skate park facility, to include parking areas and those areas not specifically designed for skating, to be in violation of the following rules of conduct and such persons shall be subject to expulsion from the park and/or criminal prosecution pursuant of the City of Patterson Municipal Code or the State of California Penal Code:
A. Skaters shall be respectful, responsible and safe.
B. Skaters under twelve years of age shall be accompanied by an adult at least eighteen years of age.
C. All skaters shall wear a helmet, knee pads, and elbow pads at all times when skating.
D. All skateboards, skates, and safety equipment shall be in good repair and fit skater properly.
E. Graffiti, damage and defacing city property is prohibited. Any person putting graffiti on any part of the skate park facility shall pay for the cost of removal and damages thereof. Parents and guardians are liable for such costs under California Civil Code Section 1714.1(b). In addition, any person defacing city property shall face prosecution pursuant to Patterson Municipal Code Section 6.50.040(A).
F. Use of amplified music is prohibited unless by permit issued by the chief of police or his or her designee.
G. Use of profanity and/or gestures or verbiage that would elicit a violent response is prohibited.
H. All scooters, bicycles, tricycles, or any motorized or nonmotorized vehicle is prohibited in the facility, except vehicles used by persons with disabilities, while supervising skaters under twelve years of age.
I. Food and drink is prohibited on the skating surface.
J. Glass containers are prohibited in any area within the skate park facility.
K. Smoking or alcoholic beverages are prohibited anywhere within twenty feet of the skate park facility.
L. No person shall bring structures, obstacles, or other materials, such as ramps or jumps, into the skate park.
M. All skaters must wear shirts and shoes while on the skate park property.
N. Organized events must be approved via permit issued by the parks and recreation director or designated staff.
O. Any activity that constitutes dangerous or reckless behavior that has the potential of injuring another skater is prohibited.
P. Animals are prohibited inside the skate park facility.
Q. Climbing on or over the skate park fence is prohibited.
R. No person shall skate on curbs, fences, railings, walls, benches, tables, and/or driveways in the area surrounding the skate park.
S. The skate park shall have fixed hours of use, which shall be posted at the skate park. No person(s) shall use or access the skate park facility other than during the posted hours of operation.
T. No person shall litter or place trash or debris in or on the skating surface. All trash shall be placed in a designated trash receptacle.
U. No person shall have a dangerous weapon in his/her possession. Deadly weapons shall include, but not be limited to, guns, knives, or bats/clubs.
V. The director is authorized to post additional rules that he/she determines are necessary for the safe operation of the designated skate park.
W. No gang indicia (symbols, colors, etc.) shall be displayed in any form at the skate park.
X. Spectators must remain outside of the concrete skating areas and behind the fence at all times. (Ord. 719 (part), 2011).
12.30.130 Enforcement.
The director or his designee shall have the authority to eject and expel from the skate park facility any person who is in violation of this chapter or any other park rules or regulations. Any person failing to comply with the provisions of this chapter shall be subject to citation, removal or other applicable enforcement authority available to the city. The director or his designee shall also have the authority to close the park at any time. (Ord. 719 (part), 2011).
12.30.140 Violation and penalty.
Any violation of the provisions of this chapter shall be deemed to be an infraction for the first offense and punishable by mandatory participation in a city-approved diversion program. Failure to participate in the mandatory diversion program may result in the violator losing his or her right to use the skate park facility for up to one year. A second offense within one calendar year may be punishable by a fine not exceeding one hundred dollars, and a third or subsequent infraction within a calendar year may be punishable by a fine not exceeding two hundred fifty dollars. Additionally, any person found by a preponderance of the evidence to have violated any provision of this chapter may lose his or her privilege to use the skate park facility for up to one year, or longer, depending on the severity of the offense.
A. Any violation of the provisions of this chapter shall be deemed to be an infraction or misdemeanor at the discretion of the city attorney or district attorney, and punishable as such. The complaint charging such violation shall specify whether the violation is a misdemeanor or an infraction. Each day a violation of any provision of this chapter continues shall be a new and separate violation. Any person cited and convicted of three or more violations of this chapter shall be permanently barred from the use of or entrance to a skate park.
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, bicycle, scooter or roller skates of a person found violating this chapter. Upon impoundment of any skateboard, bicycle, scooter, 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 bicycle, scooter, or roller skates, as provided in subsections (B)(1) and (2) of this section.
1. Upon presentation of the receipt, the owner may claim the impounded skateboard, bicycle, scooter, or roller skates at the sheriff’s department during business hours. If the owner is a minor, such owner may claim the impounded skateboard, bicycle, scooter, or roller skates if accompanied by a parent or guardian. No fee may be assessed on the owner, parent or guardian.
2. If the impounded skateboard, bicycle, scooter, or roller skates is/are not claimed within sixty days after the date of impoundment, the city may dispose of the item(s) by destruction or public sale at auction.
C. Any provision of this code or appendices thereto inconsistent with the provisions of this chapter, to the extent of such inconsistencies and no further, is hereby repealed or modified to the extent necessary to effect the provisions of this chapter.
D. If any section, subsection, paragraph, sentence, clause, phrase or portion of this chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. (Ord. 719 (part), 2011).
12.30.150 Negligence per se.
Any person(s) who fails or refuses to comply with the provisions of this chapter and who is injured while using the skate park shall be deemed negligent per se. (Ord. 719 (part), 2011).
12.30.160 Unsupervised skating venue and adult supervision of minor child.
The City of Patterson Skate Park is an unsupervised skating venue. Skaters under twelve years of age shall be accompanied by an adult at least eighteen years of age. (Ord. 719 (part), 2011).