A. 
It is unlawful and subject to punishment in accordance with subsection H of this section, for any person utilizing or riding on any skateboard, roller skates, bicycle, roller blades, or any similar device to ride or move about in or on a public or private property when the same property has been designated and posted as a no skateboard, roller skating, roller blading, bicycling or similar activity area, provided, however, nothing in this chapter shall be construed or deemed to negate any right granted to bicycle riders by the California Vehicle Code. This section shall not be construed to prohibit or restrict any person from walking a bicycle or carrying a skateboard, roller blades, roller skates, or similar device on said property.
B. 
No person shall use a skateboard, roller blades, roller skates, bicycle or similar device in a manner which creates a nuisance as defined in subsection (D)(5) of this section.
C. 
No person shall place a ramp or foreign matter, including, but not limited to, wax, grease or other lubricant, friction reducing agent or other physical aid which enhances or enables skateboarding, bicycling or roller skating performance, on any sidewalk, step, hand rail, bench, wall or other improvement on public property or other than their own property without the consent of the owner.
D. 
For the purposes of this chapter the following words shall have the meanings ascribed:
1. 
"Private property" means any property held by private interests which is used primarily for business, commercial, office space, business park, religious, multifamily, or recreational purposes. This shall also include a parking facility for these "private property" areas.
2. 
"Public property" means any property owned or maintained by the city of Buellton, any public agency or public school district, and any public utility within the geographic boundaries of the city.
3. 
"Roller skates" or "roller blades" means any footwear, or 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.
4. 
"Skateboard" means a board of any material, which has wheels attached to it and which, if propelled or moved by human, gravitational, or mechanical power, and to which there is not fixed any device or mechanism to turn or control the wheels.
5. 
"Nuisance" means any activity which is injurious to health, or is indecent or offensive to the senses, or the obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, or unlawfully obstructs the free passage or use, in the customary manner of any public park, square, street, or highway.
6. 
"Bicycle" is defined in the California Vehicle Code under Section 231 as a device upon which any person may ride, propelled exclusively by human power through a belt, chain, or gears, and having one or more wheels.
E. 
Owners of "private property" may designate their property as a no skateboarding, roller blading, roller skating or bicycling area. The owner may then post his or her property at his or her cost in conformance with subsection G of this section.
F. 
The city council or its designee may designate any public roadway, sidewalk, parking lot, or other public property as a no skateboarding, roller blading, roller skating or bicycling area by the posting of appropriate signage in accordance with subsection G in this section.
G. 
Prior to the enforcement of prohibition on skateboarding, roller skating, roller blading, bicycling or similar activity as listed in this section the area so designated shall be posted with signs which provide substantially as follows:
Skateboarding, roller skating, roller blading, bicycling or similar activity is prohibited by Buellton Municipal Code Chapter 8.08. Any violation is punishable by a fine of $25.00 for the first offense. Buellton Police Department 686-8150.
1. 
The sign may contain only those items which the agency or property owner wishes to prohibit. For example, if there is no desire to limit bicycling, the posting would not contain the word "bicycling."
2. 
Such prohibition shall apply to the property or areas so designated once the property or area has been posted with signs in plain view at all entrances to the property or area. Signs so posted at the entrances to the property or area, shall comply with California Vehicle Code Section 22658a(1). These signs will be a minimum of 17 by 22 inches with lettering not less than one inch in height and shall be approved by the city public works director or designated representative. Public sidewalks or other surfaced areas may be painted with this warning in lieu of the forgoing signage requirement. It shall be the responsibility of the property owner or tenant(s) to post and maintain all signs prohibiting skateboarding, roller blading, roller skating or bicycling.
H. 
Notwithstanding the provisions of Section 1.32.020 of the Buellton Municipal Code, any conviction under the provisions of this chapter shall be deemed an infraction punishable as follows:
1. 
A fine not exceeding $25 for a first violation;
2. 
A fine not exceeding $50 for a second violation within one year; and
3. 
A fine not exceeding $100 for each additional violation within one year.
I. 
Any device designated, intended and used solely for the transportation of infants, handicapped, or incapacitated persons, devices designed, intended, and used for the transportation of merchandise to and from the place of purchase and other wheeled devices, when being used for either of these purposes shall be exempted from this section. Police officers who are performing duties in their official capacity are exempt from this section. Furthermore, the city council may, by resolution, suspend the enforcement provisions of this section to accommodate special events when so requested by the organizer.
(Ord. 98-01 § 2, 1998)