The intended purpose of this chapter is to impose certain safety rules regarding the public's use of the interactive fountain located in the Cathedral City Town Square. These safety rules are intended to prevent the occurrence of foreseeable injuries which may be proximately caused by a violation of any of the prescribed safety rules. With such safety rules in place, the city will have the authority to issue citations and to take other remedial action for the purpose of preventing those violating the safety rules from injuring themselves or others.
(Ord. 524 § 3, 2000)
As used in this chapter, the following terms shall have the meanings ascribed to them respectively:
"Accompanied"
means attended or escorted by with the intent to supervise.
"Adult"
means an individual who is eighteen years of age or older.
"Bicycles"
means a device upon which any person may ride, propelled exclusively by human power through a belt, chain, or gears, and having either two or three wheels in a tandem or tricycle arrangement.
"Diving"
means the act of plunging, lunging, or forcibly diving into water.
"Electrical devices"
means any device or appliance that can be operated through use of an electrical power outlet attached to such device or appliance.
"Fountain"
shall mean the interactive fountain commonly known as the "Fountain of Life" that is located in the Cathedral City Town Square which is bounded to the north by Avenida Lab Guerrero, to the east by Civic Center East, to the west by George Montgomery Trail, and to the south by Buddy Rogers Drive.
"Glass"
means an amorphous inorganic, usually transparent or translucent substance consisting of a mixture of silicates or sometimes borates or phosphates formed by fusion of silica or of oxides of boron or phosphates with a flux and a stabilizer into a mass that cools to a rigid condition without crystallization, including, but not limited to, bottles and mirrors.
"Jumping"
means the act of springing or leaping free from the ground or other base by the muscular action of feet and legs.
"Minor"
means an infant or person who is under the age of legal competence.
"Responsible"
means liable to be called on to answer and to account as the primary cause, motive or agent.
"Running"
means the act of taking springing steps so that both feet leave the ground for an instant in each step.
"Skateboarding"
means that act of riding a narrow board, about two feet in length or greater, mounted on roller-skate wheels.
"Skating"
means the act of gliding along on skates or roller blades propelled by the alternate action of the legs.
(Ord. 524 § 3, 2000)
There shall be no running in the fountain. This rule is intended to protect all persons using the fountain, including, but not limited to, adults, teenagers, adolescents, supervised minors and unsupervised minors from slipping, falling, and causing or suffering from foreseeable injuries that are typically associated with running on, near, onto, from, around or through a fountain.
(Ord. 524 § 3, 2000)
There shall be no jumping in the fountain. This rule is intended to protect all persons using the fountain including, but not limited to, adults, teenagers, adolescents, supervised minors and unsupervised minors from slipping, falling, and causing or suffering from foreseeable injuries that are typically associated with jumping onto, from or around a fountain.
(Ord. 524 § 3, 2000)
There shall be no diving in the fountain. This rule is intended to protect all persons using the fountain including, but not limited to, adults, teenagers, adolescents, supervised minors and unsupervised minors from slipping, falling, and causing or suffering from foreseeable injuries that are typically associated with diving on, near, onto, from around or through a fountain.
(Ord. 524 § 3, 2000)
Electrical devices are prohibited in the fountain. This rule is intended to protect all persons using the fountain including, but not limited to, adults, teenagers, adolescents, supervised minors and unsupervised minors from injuries that typically result from the interaction of water with electric currents.
(Ord. 524 § 3, 2000)
Glass is prohibited in the fountain. This rule is intended to protect all persons using the fountain including, but not limited to, adults, teenagers, adolescents, supervised minors and unsupervised minors from injuries that typically result from the interaction of shattered or jaded glass with human beings.
(Ord. 524 § 3, 2000)
Skateboarding is prohibited in the fountain. This rule is intended to protect all persons using the fountain including, but not limited to, adults, teenagers, adolescents, supervised minors and unsupervised minors from falling, slipping, and causing or suffering from foreseeable injuries that are typically associated with skateboarding in wet areas that contain numerous persons.
(Ord. 524 § 3, 2000)
Skating or roller blading is prohibited in the fountain. This rule is intended to protect all persons using the fountain including, but not limited to, adults, teenagers, adolescents, supervised minors and unsupervised minors from falling, slipping, and causing or suffering from foreseeable injuries that are typically associated with skating or roller blading in wet areas that contain numerous persons.
(Ord. 524 § 3, 2000)
Biking is prohibited in the fountain. This rule is intended to protect all persons using the fountain including, but not limited to, adults, teenagers, adolescents, supervised minors and unsupervised minors from falling, slipping, and causing or suffering from foreseeable injuries that are typically associated with biking in wet areas that contain numerous persons.
(Ord. 524 § 3, 2000)
Littering is prohibited on, near or within the immediate proximity of the fountain. This rule is intended to protect all persons using the fountain including, but not limited to, adults, teenagers, adolescents, supervised minors and unsupervised minors from tripping or slipping on discarded material and/or food, and causing or suffering from foreseeable injuries that are typically associated with littering in areas with wet surfaces and where persons are barefoot.
(Ord. 524 § 3, 2000)
No person shall be allowed to consume or bring food into the fountain. This rule is intended to protect all persons using the fountain including, but not limited to, adults, teenagers, adolescents, supervised minors and unsupervised minors from tripping or slipping on discarded food, and causing or suffering from foreseeable injuries that are typically associated with the presence of discarded food in areas with wet surfaces and where persons are barefoot.
(Ord. 524 § 3, 2000)
All children under the age of fourteen must be accompanied by a responsible adult when using the fountain. All parents or legal guardians with children under the age of fourteen, shall be responsible for ensuring that their child is being accompanied by a responsible adult while the child is using the fountain.
(Ord. 524 § 3, 2000)
The city shall post a sign that informs members of the public of the safety rules associated with use of the fountain. Each and every sign posted shall be posted in a conspicuous place at or near the fountain.
(Ord. 524 § 3, 2000)
A violation of Sections 11.98.030, 11.98.040, 11.98.050, 11.98.060, 11.98.070, 11.98.080, 11.98.090, 11.98.100, 11.98.110, 11.98.120, and 11.98.130 of this chapter by the person responsible for committing, causing or maintaining such violation shall constitute an infraction violation which shall be subject to the provisions set forth in Chapter 13.65, including, but not limited to, the imposition of any and all criminal penalties set forth therein.
(Ord. 524 § 3, 2000)
In addition to any infraction penalty imposed pursuant to Chapter 13.65, any person convicted of an infraction shall, for each separate violation of this chapter, be subject to: (a) a fine in an amount not to exceed two hundred fifty dollars for a first conviction of an offense; (b) a fine in an amount not to exceed five hundred dollars for a second conviction of the same offense within a twelve-month period of the date of the first offense; and (c) a fine in an amount not to exceed seven hundred fifty dollars for the third conviction of the same offense within a twelve-month period of the date of the first offense. The fine for a fourth and subsequent conviction of the same offense within a twelve-month period of the date of the first offense shall be one thousand dollars.
(Ord. 524 § 3, 2000)
The city may issue an administrative citation, pursuant to Chapter 13.58 of this code, to any person responsible for committing, causing or maintaining a violation of Sections 11.98.030, 11.98.040, 11.98.050, 11.98.060, 11.98.070, 11.98.080, 11.98.090, 11.98.100, 11.98.110, 11.98.120, and 11.98.130 of this chapter.
Nothing in this section shall preclude the city from also issuing an infraction citation upon the occurrence of the same offense on a separate day.
(Ord. 524 § 3, 2000)