[Ord. 1328, 1-15-2003]
The purposes of this chapter are:
(A) 
To establish regulations for the use and enjoyment of the Skate Park facility, in the interest of public safety;
(B) 
To comply with Cal. Health & Safety Code § 115800, by adopting an ordinance requiring the use of safety equipment, with penalty by citation and notice by sign; and
(C) 
To satisfy the conditions of Cal. Health & Safety Code § 115800 for qualified immunity from liability for hazardous recreational activities.
[Ord. 1328, 1-15-2003]
(A) 
The terms used in this chapter, e.g., "skateboard," shall have the meanings in common usage, except as otherwise defined in this chapter or by the Cal. Health & Safety Code and other applicable laws.
(B) 
For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
SKATE PARK
The Skate Park facility(ies) located in the City of Indio, California
SKATING AREA
The area within the Skate Park designed for skateboarding and in-line skating activities, which are limited to the adjacent concrete.
[Ord. 1328, 1-15-2003]
(A) 
Cal. Health & Safety Code § 115800 prohibits any operator of a skateboard park to permit any person to ride a skateboard therein unless that person is wearing a helmet, elbow pads and knee pads.
(B) 
Pursuant to Cal. Health & Safety Code § 115800, the city requires that:
(1) 
Any person riding a skateboard at the Skate Park must wear a helmet, elbow pads and knee pads; and
(2) 
Notice of the safety equipment required in subsection (B)(1), and notice of the penalty for violation shall be provided.
(C) 
The Parks and Recreation Commission shall develop a system for recording skateboarding injuries and claims, and shall report those incidents to the Judicial Council in accordance with Cal. Health & Safety Code § 115800.
(D) 
The city will further require that any person using in-line skates must wear a helmet, elbow pads and knee pads.
[Ord. 1328, 1-15-2003]
(A) 
Skateboarding is deemed a "hazardous recreational activity," within the meaning of Cal. Gov't Code § 831.7, and by Cal. Health & Safety Code § 115800 under specified conditions.
(B) 
The city adopts the pertinent state law definitions of "hazardous recreational activities" and affirms that use of the Skate Park is deemed a "hazardous recreational activity" to the fullest extent permitted by law.
[Ord. 1328, 1-15-2003; Ord. 1388, 8-18-2004]
(A) 
Stunts or tricks with skateboards, luge skateboarding, and the like, and stunts, tricks and the like with in-line skates are:
(1) 
Prohibited in the picnic area, parking lot, curbs, and surrounding areas of the Skate Park; and
(2) 
Permitted only in the skating area.
(B) 
(1) 
Skateboarding and in-line skating are the only activities permitted in the skating area.
(2) 
Bicycles or other vehicles are prohibited from entering the skating area.
(C) 
The safety of the skating area is reduced by the presence of debris of any kind and by wet conditions.
(1) 
Food and beverage consumption produces foreseeable litter and are not permitted within the skating area.
(2) 
Use of the skating area under wet conditions is also prohibited.
(D) 
(1) 
The city designates the Skate Park as a "public place" within the meaning of § 97.003.
(2) 
"No smoking" shall be included in the regulations posted for public notice.
(E) 
In addition to those set out in § 100.06, the following regulations shall be posted and shall apply within the designated skateboarding areas:
(1) 
No person shall skate or skateboard at times other than those established as the hours of operation. The hours of operation shall be 6:00 a.m. to 10:00 p.m.;
(2) 
Motorized skateboards or other vehicles are prohibited;
(3) 
All persons using the designated skateboard park area must place trash in cans provided by the city or such persons may be removed from the designated skateboard park area;
(4) 
No person shall cause graffiti or tagging in or around the designated skateboard park area;
(5) 
No unauthorized pieces of equipment, obstacles or apparatus may be brought into the skateboard park area;
(6) 
Reckless and destructive skating that jeopardizes the safety of persons and property is prohibited;
(7) 
Animals are not allowed in the skateboard park area.
[Ord. 1328, 1-15-2003]
The following regulations shall be posted for public notice:
(A) 
"The Skate Park is for skateboarding and in-line skating only."
(B) 
"Any person using the skating area must wear a helmet, elbow pads and knee pads."
(C) 
"No bicycles or other vehicles are permitted in the skating area."
(D) 
"No spectators are permitted in the skating area."
(E) 
"No food, glass bottles or cans are permitted in the skating area at any time."
(F) 
"No unauthorized ramps, jumps or obstacles are permitted in the Skate Park."
(G) 
"Use of the skating area is prohibited when it is raining or the Skate Park surface is wet."
(H) 
"No smoking, alcohol or drug use is permitted in the Skate Park."
(I) 
"Sponsored events (contests, demonstrations, classes, etc.) must be approved by the city, in advance, through the park reservation process."
[Ord. 1328, 1-15-2003; Ord. 1388, 8-18-2004]
(A) 
The city shall post an official sign at the entries of the Skate Park, and additional signs thereon as needed, to provide reasonable notice of the regulations set out in this chapter.
(B) 
The sign s shall provide notice of:
(1) 
The regulations set out in §§ 100.03(B)(1), (D), 100.05 and 100.06;
(2) 
The cautions "Skateboarding and in-line skating are hazardous recreational activities and the city is not liable for injuries" and “This facility is not supervised by the city and you skate AT YOUR OWN RISK ASSUMING THE RISK OF INJURY”; and
(3) 
The penalty for violation of the regulations as set out in § 100.99.
[Ord. 1328, 1-15-2003; Ord. 1388, 8-18-2004]
(A) 
Violation of the provisions of §§ 100.03(B)(1), 100.03(D), 100.05 or 100.06 shall be an infraction, punishable by a fine as allowed by law, as well as removal from the Skate Park and prohibit from future use.
(B) 
Notice of such penalties shall be posted as set out in § 100.07.