The purpose of this chapter is to promote the public peace, health, safety and general welfare of persons in the city by regulating the activity of skateboarding on public property which is accessible to the general public and to establish a skate park for people of all ages to skateboard and roller skate.
(Ord. 2014-15 §1)
"Roller skates"
means any footwear or device which may be attached to the foot or footwear to which wheels are attached and such wheels may be used by the wearer for moving or propulsion including, but not limited to, in line skates commonly known as roller blades.
"Safety equipment"
means a helmet, elbow pads, kneepads, and shoes.
"Skateboard"
means all wheeled objects, scooters, coasters, toys, conveyances, or similar devices used for transportation or sport which are propelled by human power and which are not classified as bicycles.
"Skate park"
means any public facility that is designed for, and maintained by the city for the purpose of recreational skate use. Skate park does not include any adjacent area that is part of a public park, public right-of-way, or other public area that is specifically designed and used for skateboarding or roller skating activities.
(Ord. 2014-15 §1)
The city council may designate certain areas as a skate park. They will be designated by city council resolution and shall be posted with all signs currently required by the California Health and Safety Code Section 115800 et seq., or as such statutes may be amended.
All persons using a skate park are required to wear safety equipment. Failure to wear safety equipment shall be deemed to be a violation of this chapter and shall be subject to the penalty set forth in Section 12.35.050.
All skate parks shall have signs posted stating that all persons using the skate park shall wear safety equipment and that failure to do so may result in the issuance of a citation pursuant to Section 12.35.050 of this code.
The hours of operation of all skate parks shall be determined by the city council by resolution and shall be posted at such skate park.
The city council authorizes the city manager and the director of public works to change the rules and regulations of the skate park at any time for the daily administration of the park.
(Ord. 2014-15 §1)
A. 
All skaters shall be respectful, responsible and safe, and wear a helmet, knee pads, elbow pads, and shoes at all times when skating.
B. 
Any activity that constitutes dangerous or reckless behavior that has the potential of injuring another skater is prohibited.
C. 
No person shall bring structures, obstacles, or other materials, into the skate park.
D. 
No person shall skate on curbs, fences, railings, walls, benches, tables, and/or driveways in the area surrounding the skate park.
E. 
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.
F. 
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 Waterford Municipal Code Section 9.14.060.
G. 
Food and drink is prohibited on the skating surface, including glass containers.
H. 
Smoking or alcoholic beverages are prohibited anywhere within twenty feet of the skate park facility.
I. 
Use of profanity and/or gestures or verbiage that would elicit a violent response is prohibited.
J. 
Organized events must be approved via permit issued by the city manager or designated staff.
K. 
Animals are prohibited inside the skate park facility.
L. 
The city manager is authorized to post additional rules that he or she determines are necessary for the safe operation of the designated skate park.
(Ord. 2014-15 §1)
Any violation of the provisions of this chapter shall be deemed to be an infraction for the first offense. 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. 
In addition to the penalties so described, any police officer, code enforcement 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 (A)(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. A fee may be assessed on the owner, parent or guardian, and fees shall be set forth by resolution.
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.
B. 
If a minor is personally unable to pay any fine or restitution levied for violating any provision of this chapter, the parent or legal guardian of the minor shall be liable for payment of the fine and restitution.
(Ord. 2014-15 §1)
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. 2014-15 §1)