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HomeMy WebLinkAboutOrd 2003-2942ORDINANCE NO. 2942 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADDING SECTION 2.66.255 TO THE CHUL~ VISTA MUNICIPAL CODE TO REGULATE THE USE OF CITY SKATE FACILITIES, AND AMENDING SECTION 2.66.250 WHICH REGULATES THE RIDING OF BICYCLES, MOTORCYCLES, ROLLER BLADES, ROLLER SKATES, AND SKATEBOARDS IN CITY PARKS WHEREAS, several skate facilities in City neighborhood and community parks are due to be constructed over the next few years; and WHEREAS, safety of skate facility users and the welfare of nearby residents are major concerns of the City; and WHEREAS, the City desires to operate the facilities without scheduled supervision while encouraging voluntary compliance with the rules and regulations. NOW, THEREFORE, the City Council of the City of Chula Vista does hereby ordain: SECTION I. That Section 2.66.250 of the Chula Vista Municipal Code is amended to read as follows: 2.66.250 Riding bicycles, motorcycles, scooters, roller blading, roller skating, skateboarding prohibited in certain areas. A. Prohibited areas. Except as provided in subsection (B) of this section, it is unlawfifl to skateboard, roller blade or roller skate or ride a bicycle, tricycle, scooter, motorized bicycle, motorcycle or motor vehicle on any path, bridle trail, walk or sidewalk in any City park or recreation area. B. Lawful areas. It is lawful to skateboard, roller blade or roller skate or ride a bicycle, scooter or tricycle within a City park or recreation area, on a path or in an area designated by the director of parks and recreation by posted signage as appropriate for that purpose. SECTION II. That Section 2.66.255 of the Chula Vista Municipal Code is hereby added to read as follows: 2.66.255 City skate facilities regulations. A. Scope. The following regulations shall apply to all City-maintained facilities or areas designed for use by skateboarders, inline skaters, roller skaters and scooter riders. B. Definitions. As used in this section, the following words or phrases shall have the designated meanings. "Activities area" shall mean that portion of a skate facility reserved or designed for riding skateboards; in-line skates, roller skates, or scooters. Ordinance 2942 Page 2 "Skate facility" shall mean any facility, structure, or area, whether integrated into the design of a City park or built as a stand alone facility, which is meant to be used by skateboarders, inline skaters, roller skaters or scooter riders. A "skate facility" is comprised of both an activities area and a spectator area. "Spectator area" shall mean that portion of a skate facility reserved for use by persons viewing the skate facility's activities area. At a minimum, the "spectator area" shall include all areas that are 30 feet or less from the outer edge of the skate facility's activities ama. C. Hours of operation. The hours of operation for all City-maintained skate facilities shall be from 8:00 a.m. until dusk, unless the park in which the skate facility is located opens at a later time or closes at an earlier time, in which case the park's operating hours shall control. If needed to protect the public's health, safety or general welfare, the City Manager and/or his designee may temporarily or permanently change a particular skate facility's hours of operation after posting such non-standard hours in compliance with subsection E. of this section. The City Manager or his/her designee may also temporarily close a skate facility for maintenance, special events, instructional clinics and other City-sponsored activities. Such temporary closures shall be noted by the placing of signs in conspicuous locations at or near the skate facility. D. Regulations/prohibited activities. The following rules and regulations shall apply to all City-maintained skate facilities. 1. Skate facilities shall only be used during the facility's hours of operation. 2. Only skateboards, in-line skates, roller skates and scooters shall be used, ridden, or brought within the activities area of a skate facility. The City Manager or his/her designee may restrict certain equipment from being used within a specific skate facility after posting the restriction in compliance with subsection E. of this section. 3. All devices or equipment used, ridden, or brought within the activities area of a skate facility must be manually propelled, have nonmetal wheels and be no more than 36 inches in length. Inline skates must have at least three wheels and no more than five wheels per skate. No shoe skates or bicycles may be used or ridden within the activities area of a skate facility. 4, No spectators or animals am permitted in the activities ama of a skate facility. 5. All persons in the activities ama of a skate facility shall wear a helmet, elbow pads, and knee pads designed for skateboarding or inline skating. The required protective gear shall be properly worn (i.e., chin strap attached) and be in good repair. 6. No portion of a skate facility may be modified, altered, or added to in any manner and no unauthorized ramps, jumps or obstacles am permitted at any time. 7. All children under the age of eight years old, in the activities area of a skate facility, must be brought there, supervised and accompanied by an adult. Ordinance 2942 Page 3 8. No audio equipment may be used or played in the activities area or spectator area of a skate facility unless equipped with and relying solely on earphones for sound amplification. 9. No food, beverages, cans, or bottles (whether plastic or glass) shall be permitted in the activities area of a skate facility. No alcohol or tobacco products shall be permitted in either the activities area or spectator area of a skate facility. 10. No person shall use the skate facility when it or any of its accoutrements are wet or covered with other debris. 11. No person shall litter within 40 feet of a skate facility. All litter, trash, and other refuse must be immediately placed in trash receptacles. E. The skate facility shall be posted with signs in the following manner: 1. At each entrance to the skate facility, or if there is no defined entrance, on the perimeter of the skate facility, facing its interior, and at imervals of not less than 40 feet. 2. At a minimum, each sign shall state, in black lettem on a white background, not less that one inch in height, the facility's hours of operation, what equipment may be ridden in the facility, and the following language: WARNING Skateboarding, inline skating, roller skating, and scooter riding are hazardous recreational activities. Use of this facility may result in serious injuries or death. The City of Chula Vista does not assume any responsibility for injuries or death. Any person using this facility must wear a helmet, elbow pads, and knee pads designed for skateboarding or inline skating. The required protective gear shall be properly worn (i.e., chin strap attached) and be in good repair. Any person failing to comply with this section shall be subject to citation and penalties pursuant to Chula Vista Municipal Code section 2.66.255(F). F. Penalties for violations of this section. Any violation of this section is punishable as an infraction with a fine of $50 for the first conviction and $100 for the second conviction. A maximum frae of up to $250 may be imposed for each conviction thereafter. In addition, the City shall have the authority to seize and confiscate any property, thing or device used in a skate facility's activities area or spectator area in violation of this section. Any person cited and convicted of three or more infractions of this section shall be permanently barred from the use of or entrance to any City-maintained skate facility. SECTION III. This ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. Ordinance 2942 Page 4 Submitted by Recreation Director Approved as to form by Ann Moore City Attorney PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 9th day of December, 2003, by the following vote: AYES: Councilmembers: Davis, McCann, Rindone, Salas and Padilla NAYS: Councilmembers: None ABSENT: Councilmembers: None ATI'EST: Susan Bigelow, CMC, Cit)UClerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Ordinance No. 2942 had its first reading at a regular meeting held on the 25th day of November, 2003 and its second reading and adoption at a regular meeting of said City Council held on the 9th day of December, 2003. Executed this 9th day of December, 2003. Susan Bigelow, CMC, Cit~ Clerk