The City Council finds that the operation of skateboards, bicycles, scooters, and roller skates is inconsistent with the safe and proper use of sidewalks in the City's commercial areas which are intended for pedestrian traffic. The City Council also finds that the use of skateboards, bicycles, scooters, and roller skates on City's commercial sidewalks has become a hazard to pedestrians using sidewalks in the City's commercial areas, and a hazard to operators of skateboards, bicycles, scooters, and roller skates. The City Council also finds that the use of skateboards, bicycles, scooters, and roller skates on City's commercial sidewalks has become a hazard to the operation of motor vehicle traffic within the City, a hazard to pedestrians using sidewalks in the City's commercial areas, and hazard to operators of skateboards and roller skates.
(Ord. 2006-08 § 1)
The purpose of this chapter is to eliminate hazards to vehicles and pedestrians from the use of skateboards, bicycles, scooters, and roller skates on City sidewalks in the City's commercial area, to eliminate related hazards to operators of scooters, roller skates, and to eliminate damage to City facilities and public improvements from prohibited use of skateboards, bicycles, scooters and roller skates.
(Ord. 2006-08 § 1)
The following definitions apply for the purposes of this chapter:
"City's commercial areas"
means the areas within the City's commercial zoning district.
"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.
"Scooter"
means a transportation device consisting of a platform on which any number of wheels is fastened that includes a steering handle and that may be propelled by the operator pushing off the ground with one foot or by the force of gravity.
"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.
Pursuant to the authority in California Vehicle Code Sections 21967 and 21969, riding or propelling skateboards, bicycles, scooters, roller skates or similar vehicles is prohibited on sidewalks in the City's commercial areas, and riding or propelling skateboards, bicycles, scooters or roller skates in a manner that threatens the safety of pedestrians and/or operators of such vehicles is prohibited on all City sidewalks. Riding or propelling skate boards or roller skates is permitted on City sidewalks outside the City's commercial areas to the extent such use is consistent with the safety of pedestrians and the operators of skateboards or roller skates.
(Ord. 2006-08 § 1)
The City Council finds and determines that the operation of skateboards, bicycles, scooters, roller skates or similar vehicles on sidewalks in the City's commercial areas 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. The City Council also finds and determines that the operation of skateboards, bicycles, scooters, roller skates or similar vehicles on any sidewalks 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 operator of such vehicle, 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.
(Ord. 2006-08 § 1)
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 City Administrator and/or the Public Works Department.
(Ord. 2006-08 § 1)
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 in California Government Code Section 36900.
B. 
Confiscation and Forfeiture. Skateboards, bicycles, scooters or roller skates or similar vehicles used in alleged violations of this chapter may be confiscated, and held by the Sheriffs' 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 skateboards, bicycles, scooters or roller skates or similar vehicles 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 or vehicles used in violation of this chapter in addition to any other penalties imposed by the court.
C. 
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.
(Ord. 2006-08 § 1)