As used in this chapter:
"Bicycle"
shall mean a vehicle with two wheels tandem, handlebars for
steering, a saddle seat, and pedals by which it is propelled.
"Scooter"
shall mean a wheeled conveyance consisting of a long footboard
between two end wheels, controlled by an upright steering handle attached
to the front wheel.
"Skateboard"
shall mean a rectangular board or other surface mounted on
wheels for the purpose of personal locomotion, sporting activity,
or similar purpose. The term "skateboard" shall include roller and
inline skates, but shall exclude scooters, bicycles or other wheeled
vehicles of any kind.
"Skateboard park"
shall mean a City-operated facility located on public property
designated by the City Council to be used for skateboarding.
(§ 2, Ord. 810, eff. May 13, 2010, as amended by § 1, Ord.
850, eff. February 13, 2015)
It shall be unlawful for any person to use any skateboard park facility owned or operated by the City unless that person is wearing a helmet, elbow pads, and knee pads. Violation of this provision is an infraction punishable by: (1) a fine not exceeding $50 for the first violation; (2) a fine not exceeding $100 for a second violation of the same law within one year; (3) a fine not exceeding $250 for each additional violation of the same law within one year in accordance with Section
1-2.03 of Chapter 2 of Title
1 of this Code.
(§ 2, Ord. 810, eff. May 13, 2010)
The Public Works Director, or designee, shall ensure that signs
affording reasonable notice of the skateboard park facility rules
and regulations, including, but not limited to, the requirement that
all persons riding a skateboard within the skateboard park must wear
a helmet, elbow pads and knee pads, are posted at all times within
the skateboard park facility.
(§ 2, Ord. 810, eff. May 13, 2010)
The initial design and construction of a skateboard park facility
shall be approved by the City Council. Thereafter, any changes to
the skateboard park facility's initial design and/or construction
may be made by the City Engineer or designee, at his or her discretion.
(§ 2, Ord. 810, eff. May 13, 2010)
It shall be unlawful for any person to:
(a) Use
any skateboard park facility for any activity other than skating and
skateboarding unless otherwise authorized by a permit issued by the
Public Works Director;
(b) Use
or be upon any skateboard park facility while under the influence
of any alcoholic beverage or drug or under the combined influence
of any alcoholic beverage or drug;
(c) Skate,
run, or stand on, jump from, or otherwise employ any exterior wall
or fence surface while using any skateboard park facility;
(d) Play
amplified music, or wear audio headsets while skating or skateboarding,
in any skateboard park facility; or
(e) Introduce,
employ or use any unauthorized equipment including a scooter or bicycle,
obstacle or apparatus within any skateboard park facility.
(§ 2, Ord. 810, eff. May 13, 2010, as amended by § 2, Ord.
850, eff. February 13, 2015)
Every act prohibited or declared unlawful and every failure to perform an act made mandatory by this chapter shall be prosecuted as a misdemeanor or an infraction as provided in accordance with Chapter 2 of Title
1 of this Code.
(§ 2, Ord. 810, eff. May 13, 2010)
(a) Skateboard
parks are specially designed for their intended use by skaters and
skateboarders. The uses of unauthorized equipment, particularly scooters
and bicycles, pose an immediate risk of serious injury to users of
the skateboard park facility as well as serious damage to the facility
that in turn can be hazardous to proper use of the facility. Therefore,
the City Council determines that it is necessary to the preservation
of the public health, safety and welfare that extraordinary remedies
be authorized to prevent repeated violations by the same persons.
(b) In the event an enforcement official determines that a person is liable for a violation of Section 3-7.05(5) for using unauthorized equipment within any skateboard park facility, the enforcement officer may, in his or her discretion, cause the unauthorized equipment to be confiscated and held for safekeeping at the Police Department for a period of one week for the first time and for a period of 30 days for all subsequent confiscations, provided the requirements of subsection
(c) have been met. If equipment is confiscated, the person from whom the equipment is confiscated shall be given a written notice of the confiscation period and the procedures for retrieval of the equipment.
(c) Before
confiscating unauthorized equipment pursuant to this section, the
enforcement officer shall ensure that either the owner or the individual
in possession of the unauthorized equipment had received at least
one written warning for use of unauthorized equipment within the preceding
12 months. The date and location of that prior written warning shall
be noted on any citation or other notice to the alleged violator.
(d) Release
of the confiscated equipment shall be on the next business day following
completion of the waiting period. Persons under the age of 18 shall
be accompanied by their parent or guardian in order to have the confiscated
equipment released to them following the waiting period.
(e) The provisions of this section shall be an additional enforcement mechanism in addition to or in lieu of citations authorized by Section
3-7.06.
(§ 3, Ord. 850, eff. February 13, 2015)