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HomeMy WebLinkAboutAGENDA REPORT 2003 0305 CC SPC ITEM 04AMOORPARK CITY COUNCIL AGENDA REPORT ITEM 14o A* TO: Honorable City Council FROM: Deborah S. Traffenstedt, ATCM /City Clerk J� DATE: March 4, 2003 (Special CC Meeting of 3/5/03) SUBJECT: Consider Ordinance Amending Title 10, Vehicles and Traffic, by Adding New Chapter 10.20, Skateboard, Motorized Skateboard, Motorized Scooter, Roller Skate and In -Line Skate Regulations BACKGROUND AND DISCUSSION Staff has prepared the attached draft ordinance in response to a request by Mayor Hunter. The ordinance, if approved, would add a new chapter to Title 10 of the Municipal Code and would permit prohibition of the use of skateboards, motorized skateboards, motorized scooters, roller skates and in -line skates on both public and private property where notice has been provided through the use of stenciled signage on sidewalks or other paved surfaces and the use of posted signs at all entrances to a property. The minimum size specified for the notice sign in the draft ordinance is based on the size required by the Vehicle Code when a city or county finds and declares that there are privately owned and maintained off - street parking facilities for which the Vehicle Code will be enforced. The intent was to provide signage consistency so as to ensure enforcement consistency. The attached ordinance has been drafted with similar language to existing code sections for the cities of Camarillo and Thousand Oaks. If the ordinance is introduced for first reading at the March 5 Special Meeting, second reading could be scheduled for the regular City Council meeting on March 19, 2003. STAFF RECOMMENDATION Introduce Ordinance No. for first reading and waive full reading of the ordinance. Attachment: Draft Ordinance 06;cj�)(;i ORDINANCE NO. AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING TITLE 10, VEHICLES AND TRAFFIC, BY ADDING NEW CHAPTER 10.20, SKATEBOARD, MOTORIZED SKATEBOARD, MOTORIZED SCOOTER, ROLLER SKATE AND IN -LINE SKATE REGULATIONS WHEREAS, the City Council has determined that regulations are needed to allow prohibition of skateboarding, motorized skateboarding, motorized scooter operation, roller skating and in -line skating use on posted public and private property; and WHEREAS, the City Council considered first reading of an ordinance amending Title 10, Vehicles and Traffic, by adding new Chapter 10.20, Skateboard, Motorized Skateboard, Motorized Scooter, Roller Skate and In -line Skate Regulations, at its special meeting on March 5, 2003. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 10.20 is hereby added to Title 10, Vehicles and Traffic, to read as follows: "SKATEBOARD, MOTORIZED SKATEBOARD, MOTORIZED SCOOTER, ROLLER SKATE AND IN -LINE SKATE REGULATIONS Sections: 10.20.010 Definitions 10.20.020 Skateboarding, motorized skateboarding, motorized scooter use, roller skating and in -line skating prohibited where posted- - Public property. 10.20.030 Skateboarding, motorized skateboarding, motorized scooter use, roller skating and in -line skating prohibited where posted- - Private property. 10.20.040 Violation — Penalty 10.20.010 Definitions. Whenever any words or phrases used in this chapter are not defined in this chapter, but are defined in the State of California Vehicle Code, such definitions are Sot c ();a Ordinance No. Page 2 incorporated in this chapter and shall be deemed to apply to such words and phrases as used in this chapter as though set forth herein in full. 10.20.020 Skateboarding, motorized skateboarding, motorized scooter operation, roller skating and in -line skating prohibited where posted -- Public property. A. No person shall ride, propel or in any manner operate a skateboard, motorized skateboard, motorized scooter, roller skate or in -line skates on, along, or over any public street, on any bikeway, bicycle path or trail, or hiking or recreational trail, sidewalk, right -of -way or other public property of the city and its Redevelopment Agency where the City Council has prohibited the same by resolution. B. The prohibition set forth in this section shall not apply until notice has been provided in accordance with this section. 1. Notices shall be provided in and about the area where the activity is to be prohibited. Notices shall be placed in locations and in sufficient numbers so that they are reasonably likely to be seen by those engaging in the prohibited activities. The notice may be stenciled directly onto the sidewalk or other paved surfaces and shall be provided on a sign that is displayed, in plain view, at each entrance to the area where the activity is to be prohibited. 2. Each notice stenciled directly onto the sidewalk or other paved surfaces shall identify in uppercase letters at least two (2) inches in height, which activities are prohibited, and underneath shall provide in, print at least one (1) inch in height, "Moorpark M.C. 10.20.020." 3. Each notice placed on a sign shall be not less than seventeen (17) by twenty -two (22) inches in size, with lettering not less than one (1) inch in height, and shall identify which activities are prohibited and "Moorpark M.C. 10.20.020." Ordinance No. Page 3 10.20.030 Skateboarding, motorized skateboarding, motorized scooter operation, roller skating and in -line skating where posted -- Private property. A. No person shall ride, propel or in any manner operate a skateboard, motorized skateboard, motorized scooter, roller skates or in -line skates on, along or over any privately owned property in the city where the owner, manager, or other person in charge has prohibited the same. B. The prohibition set forth in this section shall not apply until notice has been provided in accordance with this section. 1. Notices shall be provided in and about the area where the activity is to be prohibited. Notices shall be placed in locations and in sufficient numbers so that they are reasonably likely to be seen by those engaging in the prohibited activities. The notice may be stenciled directly onto the sidewalk or other paved surfaces and shall be provided on a sign that is displayed, in plain view, at each entrance to the property where the activity is to be prohibited. 2. Each notice stenciled directly onto the sidewalk or other paved surfaces shall identify in uppercase letters at least two (2) inches in height, which activities are prohibited, and underneath shall provide in, print at least one (1) inch in height, "Moorpark M.C. 10.20.030." 3. Each notice placed on a sign shall be not less than seventeen (17) by twenty -two (22) inches in size, with lettering not less than one (1) inch in height, and shall identify which activities are prohibited and "Moorpark M.C. 10.20.030." C. For the purposes of this section, "private property" shall be deemed to include property owned by other public agencies within the city of Moorpark. 10.20.040 Violation -- Penalty. Violation of any provision of this chapter shall be deemed a misdemeanor /infraction and shall be punishable in accordance with Chapter 1.12 of this code." `� Al Ordinance No. Page 4 SECTION 2. 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 portions 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 section, subsections, sentences, clauses, phrases, parts or portions be declared invalid or unconstitutional. SECTION 3. This Ordinance shall become effective thirty (30) days after its passage and adoption. SECTION 4. The City Clerk shall certify to the passage and adoption of this ordinance; shall enter the same in the book of original ordinances of said City; 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, within fifteen (15) days after the passage and adoption thereof, cause the same to be published once in the Moorpark Star a newspaper of general circulation, as defined in Section 6008 of the Government Code, for the City of Moorpark, and which is hereby designated for that purpose. PASSED AND ADOPTED this day of March, 2003. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk