HomeMy WebLinkAboutAGENDA REPORT 1998 0520 CC REG ITEM 10E6T7-1
ITEM I 0 • E •
CITY OF MOORPAIM CALIFORNIA
CITY COUNCIL AGENDA REPORT City Council Meeting
CITY OF MOORPARK of 5 - 2.0. q S
ACTION: J n k 1- o d u c eel
ordlna nGe� No, 243 for
TO: The Honorable City Council fees+ read 1 n Q
FROM: Mary K. Lindley, Director of Community Services f
DATE: May 12, 1998 (Meeting of May 20, 1998)
SUBJECT: Consider Adoption of Ordinance No._, Amending Title 8 of the Moorpark
Municipal Code by Adding Chapter 8.34, Skate Facility
Background
In 1997, the California state legislature enacted a law that declares skateboarding a hazardous
recreational activity under specific conditions. Those conditions are as follows: 1) the person
skateboarding is fourteen years of age or older; 2) the skateboarding activity that caused the
injury was a stunt, trick, or luge skateboarding; 3) the skateboard park is on public property that
complies with additional provision in the law. This law remains in effect until January 1, 2003,
unless a later enacted statute extends the date.
The additional provisions state that the skateboarding activity must take place at a skateboard
facility that requires users to wear protective gear (helmets, elbow pads, and knee pads). When
the facility is owned and operated by a local public agency and the facility is not supervised on a
regular basis, the requirement to ensure the use of protective gear can be met by the adoption of
an ordinance requiring any person riding a skateboard at the facility to wear protective gear, and
by posting a sign at the facility affording notice that any person failing to wear protective gear will
be subject to citation under the ordinance.
Additionally, the law declares in -line skating by an adult to be a hazardous recreational activity
within the meaning set by Section 831.7 of the Government Code, if all of the following
conditions are met: 1) the local public agency has designated areas by legislative action in which
in -line skating is permitted; and 2) the designated area is posted with a notice advising the public
that in -line skating by adults is deemed to be a hazardous recreational activity.
Government Code Section 831.7 states that neither a public entity nor a public employee is liable
to any person who participates in a hazardous recreational activity who knew or reasonably
should have known that the hazardous recreational activity created a substantial risk of injury to
himself or herself and was voluntarily in the place of the risk.
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Skate Facility Ordinance
May 7, 1998
Page 2
Staff has drafted the attached Ordinance, entitled Stake Facility, that addresses the provisions in
the law regarding skateboarding and in -line skating. The Ordinance states that only skateboarders
and in -line skaters can use the City's skate facility and that all users must wear protective gear.
Violators of the Ordinance will be guilty of an infraction. The Ordinance has been reviewed by
the City Attorney.
Recommendation
Staff recommends that the City Council introduce Ordinance No. _, Skateboard and In -line
Skate Facility, for first reading.
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Skate Facility Ordinance
May 7, 1998
Page 3
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, AMENDING THE MOORPARK
MUNICIPAL CODE BY ADDING CHAPTER 8.34, ENTITLED
SKATE FACILITY.
WHEREAS, the City wishes to promote safe use of its skate facility for skateboard and in-
line skate users; and
WHEREAS, State of California Health and Safety Code, Section 115800, states that
skateboarding at any facility or park owned by a public entity shall be deemed a hazardous
recreational activity for persons fourteen years of age and older who are injured performing a
stunt and where the users of the facility are required to wear protective gear; and
WHEREAS, State of California Health and Safety Code, Section 115800. 1, states that in-
line skating by an adult shall be deemed a hazardous recreational activity if the public agency has,
by legislative action, designated specific public property in which in -line skating is permitted.
NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF MOORPARK DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The Moorpark Municipal Code Title 8, Health and Safety, is amended by
adding Chapter 8.34 to read as follows:
"SKATE FACILITY
"Section 8.34.010 Definitions.
For the purposes of this Ordinance, the following words and phrases shall have the
meanings respectively ascribed to them below.
"Protective Gear" means helmet, elbow pads, and knee pads designed specifically for use
by skateboarders and in -line skaters.
"Skate Facility" means portable or permanent facility specifically established for use by
skateboards and in -line skaters that may contain apparatuses and structures including, but not
limited to, ramps, curbs, inclines, and declines which are also designed and intended specifically
for use by skateboarders and in -line skaters located on City property and maintained by the City.
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Skate Facility Ordinance
May 7, 1998
Page 4
Section 8.34.020 Use of Skate Facility.
Only individuals riding skateboards and in -line skates are authorized to use the City's
skate facility.
Section 8.34.030 Protective Gear.
All users of the City's skate facility must wear protective gear at all times while using said
facility.
Section 8.34.040 Violation - Penalty
Any person who violates any provision of, or fails to comply with any requirement of, this
chapter is guilty of an infraction and, upon conviction thereof, shall be punished in accordance
with Chapter 1.12 of this code.
SECTION 2. That if any section, subsection, sentence, clause, phrase, part or portion of
this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portion of this Ordinance.
The City Council declares that it would have adopted this Ordinance and each section, subsection
sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses, phrases, parts or portions be declared invalid or
unconstitutional.
SECTION 3. The City Clerk shall certify to the passage and adoption of this ordinance,
shall enter this ordinance in the book of original ordinances of the City of Moorpark, shall make a
minute of the passage and adoption thereof in the records of the proceedings of the City Council
at which the same is passed and adopted, and shall cause the same to be published in the manner
required by law."
PASSED AND ADOPTED THIS day of May, 1998.
Patrick Hunter, Mayor
ATTEST:
Deborah Traffenstedt, City Clerk
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