HomeMy WebLinkAboutORD 243 1998 0603ORDINANCE NO.243
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.
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.
Ordinance No. 243
Page 2
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 3rd day of June,
ATTEST:
Deborah Traffenstedt, City Overk