For the purposes of this chapter, the following words shall be defined as follows:
"Coaster device"
means any platform of any composition or size to which two or more wheels are attached and which can be ridden or propelled by one or more persons. "Coaster device" does not include wheel chairs, bicycles, or motorized vehicles.
"Nuisance"
means any activity which: (1) threatens injury to persons or property; (2) creates an obstruction or presents a hazard to the free use of public or private property by pedestrians or motorists; or (3) generates loud or unreasonable noise.
"Private property"
means any property held by private interests that is used primarily for business, commercial, residential, office space, business park, religious, multifamily, or recreational purposes. This shall also include the parking facilities for these "private property" areas.
"Public facility"
means any building, park, plaza, courtyard, parking lot, walkway, path, loading dock or other facility that is owned or maintained by the city, any public agency or public school district, or any public utility. "Public facility" does not include sidewalks.
"Public property"
means any property owned or maintained by the city, any public agency or public school district and any public utility within the geographical boundaries of the city, including any public square, street, sidewalk or highway.
"Roller skate"
means any shoe, boot or other footwear, or device which may be attached to the foot or footwear, to which one or more wheels are attached, including wheels that are "in line," also known as "rollerblades."
"Sidewalk"
means that portion of a street or highway, other than the roadway, set apart by curbs, barriers, markings or delineation for pedestrian travel.
"Skateboard"
means any platform of any composition or size to which two or more wheels are attached and which is intended to be ridden or propelled by one or more persons standing or kneeling upon it and to which there is not affixed to it any seat or any device or mechanism to turn and control the wheels.
(Ord. 334, § 1, 3-9-2009)
No person shall ride, use or propel any skateboard, rollerblade, roller skate or other coaster device, whether powered by human or motorized means:
A. 
In or upon any public facility, including, but not limited to parking lots or structures, with the exception of any facility that is specifically designated for such use; or,
B. 
On any ramp designed or built to afford access to buildings or structures by disabled persons; or,
C. 
In a manner which creates a nuisance as defined in Section 9.32.010; or,
D. 
While the skateboard, rollerblade, roller skate or other coaster device, or the user or rider is attached or in any manner connected to any streetcar or vehicle on the roadway; or,
E. 
While under the influence of an alcoholic beverage or any drug, or under the combined influence of an alcoholic beverage and any drug; or,
F. 
On any roadway when visibility is poor because of weather conditions, lighting, or other conditions; or
G. 
On any roadway except as provided in Section 9.32.050; or
H. 
On or about any private or public property where the same property has been designated by resolution of the city council and posted as a "No Skateboarding, Roller Skating, Rollerblading, or Similar Activity Area;" or
I. 
Notwithstanding any other provision of this chapter, it shall be prohibited throughout the city, whether on public or private property, for any person to ride or propel a skateboard in a luge, prone or sitting position or to ride or propel a skateboard in such a way as to make contact with a planter, retaining wall, wall, railing or other architectural feature of any kind. Signage shall not be necessary for enforcement of this subsection.
(Ord. 334, § 1, 3-9-2009)
A. 
The city council may by resolution prohibit skateboarding, rollerblading, roller skating, or the use of other coaster devices on additional public streets, sidewalks, parking lots and other public property when it is determined to be necessary to protect the health, safety, and welfare of pedestrians, motorists or persons operating said skateboards on said streets and sidewalks.
(Ord. 334, § 1, 3-9-2009)
A. 
The city council may, by resolution, designate any private property as a "No Skateboarding, Roller Skating, Rollerblading, or Similar Activity Area" upon written application of the owner of the property. The city council shall designate such area and the times when such activity would be prohibited and order the posting of appropriate signage in accordance with Section 9.32.080 of this chapter.
B. 
The City Clerk shall cause notice of City Council consideration of any application to be published in a newspaper of general circulation at least 10 days prior to city council consideration.
(Ord. 334, § 1, 3-9-2009)
Unless specifically prohibited in designated areas of the city by resolution of the city council, this chapter does not prohibit travel by human powered skateboard, rollerblade, roller skate or other similar coaster device upon designated city bike paths or lanes so long as they do not interfere with use of the path or lane and the rider or user abides by all rules which apply to such pathways and lanes, and are not otherwise prohibited by law.
(Ord. 334, § 1, 3-9-2009)
The city council may, by resolution, grant approval for the use of roadways, city-owned streets, parking lots, parking structures and sidewalks for organized skating events of community-wide interest and importance. In granting such approval, the council may impose such conditions, restrictions and requirements as it deems necessary or desirable in order to protect the public interest and promote the general welfare. Furthermore, the city manager in his sole discretion may suspend the enforcement provisions of this chapter to accommodate special events when so requested by the event organizer.
(Ord. 334, § 1, 3-9-2009)
A. 
When riding in or upon a roadway, persons riding, using, or propelling skateboards, rollerblades, roller skates or other coaster devices, as otherwise permitted under this chapter, shall obey all vehicle code provisions which regulate the operation of bicycles and which are reasonably applicable to the use of skateboards, roller skates or other coaster devices. No person riding, using or propelling any skateboard, rollerblade, roller skate or other coaster device, whether powered by human or motorized means shall fail to obey any traffic control signal or pedestrian traffic control signal.
B. 
When riding upon a sidewalk, persons riding, using, or propelling skateboards, roller skates, rollerblades, or other coaster devices, as otherwise permitted under this chapter, shall obey the following rules of the road:
1. 
Riders or users shall yield the right-of-way to pedestrians whenever and wherever they are encountered; and,
2. 
Riders or users shall proceed with due care and at a safe speed.
C. 
No person shall ride, use or propel a skateboard, roller skates, rollerblades or other coaster device recklessly, or in such a manner as to cause or threaten to cause injury to himself or others, or to cause or threaten to cause damage to public or private property.
(Ord. 334, § 1, 3-9-2009)
A. 
Where the posting of a sign designating an area as a "No Skateboarding, Roller Skating, Rollerblading, or Similar Activity Area" is required by this chapter, the sign shall provide substantially as follows:
"Skateboarding, Roller Skating, Rollerblading or similar activity is prohibited by Malibu Municipal Code Chapter 9.32. Violators may be subject to fines or criminal prosecution as provided by law. Los Angeles County Sheriff Department."
B. 
Such prohibition shall apply to the property or area so designated once the property or area has been posted with signs in plain view at all vehicular entrances to the property or area. All such signs shall be not less than 17 inches by 22 inches in size with lettering not less than one inch in height. It shall be the responsibility of the property owner or tenant(s) to post and maintain all required signs.
(Ord. 334, § 1, 3-9-2009)
This chapter shall not apply to any of the following:
A. 
The use of human or motor-propelled devices on any sidewalk, street, public right-of-way, or upon any land, property, or facility owned or controlled by the city of Malibu by any person who is disabled or handicapped, or whose ability to walk is impaired as shown by medical evidence; or,
B. 
Any device designated, intended and used solely for the transportation of infants; or,
C. 
The transportation of goods or merchandise to and from the place of purchase or storage.
(Ord. 334, § 1, 3-9-2009)
Whenever a law enforcement officer has probable cause to believe a skateboard was used or is being used in violation of any provision of this chapter, the law enforcement officer may seize the skateboard.
(Ord. 334, § 1, 3-9-2009)
A. 
In addition to any criminal, civil or other legal remedy established by law that may be pursued to address violations of the Municipal Code, violations of any provision of this chapter or the code or regulations adopted by this chapter are subject to the administrative penalty provisions of Chapter 1.10. The penalty for the first violation of this chapter shall be punishable by an administrative fine in the amount of $25. The second violation of this chapter shall be punishable by a fine in the amount of $50. The third violation of this chapter shall be punishable by a fine in the amount of $100. Any person who violates any provision of this chapter four or more times is guilty of a misdemeanor.
B. 
An additional optional penalty for a violation of any provision of this chapter shall be forfeiture of any skateboard used in violation of this chapter, unless it is proven that the defendant does not own the skateboard and the owner did not or could not have reasonably known that the skateboard would be used in violation of this chapter.
(Ord. 334, § 1, 3-9-2009)