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Home My WebLink About9/17/2008 - STAFF REPORTS - 2.I. q�p P LM$,o V N City Council Staff Report q4 iFolz DATE: September 17, 2008 Consent Calendar SUBJECT: SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO. 1749, RELATING TO PARKS AND RECREATION AREAS AND SKATE PARK REGULATIONS FROM: David H. Ready, City Manager BY- Office of the City Clerk SUMMARY.- The City Council will consider adoption of Ordinance No. 1749, RECOMMENDATION: Waive further reading and adopt Ordinance No. 1749, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 11.44 OF THE PALM SPRINGS MUNICIPAL CODE, RELATING TO PARKS AND RECREATION AREAS AND SKATE PARK REGULATIONS." STAFF ANALYSIS: At its September 3, 2008, meeting Proposed Ordinance No. 1749 was introduced by the following vote: AYES. Councilmember Hutcheson, Councilmember Mills, Councilmember Weigel, Mayor Pro Tern Foat, and Mayor Pougnet. NOES- None. This report provides for the City Council to waive further reading and adopt the ordinance. The ordinance shall be effective 30-days from adoption. d°amesThompson 7Dav: q., id H. Ready, Es City Clerk Manager Attachment: Ordinance No. 1749 Item 2 . 1 . PROPOSED ORDINANCE NO. 1749 AN ORDINANCE OF THE CITY OF PALM SPRINGS AMENDING CHAPTER 11.44 OF TITLE 11 TO THE PALM SPRINGS MUNICIPAL CODE TO ADD REGULATIONS FOR USE OF THE PALM SPRINGS SKATE PARK City Attorney Summary This ordinance amends Chapter 11.44 of Title 11 to the Palm Springs Municipal Code regarding Parks and Recreation Areas to add regulations for use of the Palm Springs Skate Park. The ordinance provides that a violation of these regulations is punishable as an infraction. WHEREAS, the City Council of the City of Palm Springs has approved non- regular supervision of the Palm Springs Skate Park; and WHEREAS, California Health and Safety Code Section 115800 mandates that local public agencies that operate facilities for recreational skateboard use that are not regularly supervised must adopt an ordinance requiring any person riding a skateboard at the skate park facility to wear a helmet, elbow pads and knee pads,- and WHEREAS, the City of Palm Springs desires to operate the skate park in a safe and responsible manner; and WHEREAS, to operate the skate park in a safe and responsible manner, rules and regulations governing use of the park facility are necessary. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 11.44, Parks and Recreation Areas, of the Palm Springs Municipal Code is hereby amended to add the following sections: 11,44.110 Skate Park Facility Use and Fines a. Definitions: For the purposes of this section 11.44.110 and sections 11.44.120 and 11.44.130, the following definitions shall apply: 1. Skateboard: A skateboard is a board-like object which has two axles attached to the bottom of the board-like object with two wheels attached to each axle and the user rides or stands upon the board like object. 59423 1 1 C 2 2. Inline Skates: Inline skates are footwear containing four or more axles mounted in a straight line extending generally from or behind the heel of the footwear to or in front of the toe of the footwear with a single wheel attached to each axle. 3. Inline Skating: The use of inline skates. b. All users of the skate park facility are required to wear appropriate safety gear, including helmets, elbow pads and knee pads, at all times, pursuant to the requirements of California Health and Safety Code Section 115800, c. The skate park facility is for use by persons using skateboards and inline skates only. All other uses are prohibited. d. Smoking is not permitted at the skate park facility. e. All persons using the skate park facility shall do so at their own risk. f. A violation of any part of this ordinance is an infraction and the fine for such violation shall be as follows: 1. For a first offense, the fine shall be $20; 2. For a second offense, the fine shall be $50; and 3. For a third or subsequent offense within any twelve (12) -month period, the offender's right to use the skate park facility shall be suspended for a period of not less than six (6) consecutive months. 11.44.120 Posting of Skate Park Facility Regulations The Director of Parks and Recreation shall ensure that the skate park facility is posted with signs affording reasonable notice of the following: a. That any person riding a skateboard in the facility must wear a helmet, elbow pads and knee pads and any person failing to do so will be subject to citation as provided for in Section 11.44.110. b. That inline skating is deemed to be a hazardous recreational activity and that the City of Palm Springs may not be liable for injuries incurred by persons participating in the hazardous recreational activity in the skate park facility. 11.44.130 Record of Skate Park Facility Injuries a. The Director of Parks and Recreation shall maintain a record of all NA251 1 h�i known or reported injuries incurred by a skateboarder and/or an inline skater in the skate park facility- b. Risk Management shall maintain a record of all claims, paid and not paid, including any lawsuits and their results, arising from those incidents that were filed against the City. Copies of these records shall be filed annually, no later than January 30 of each year, with the California Judicial Council. SECTION 2. Publication. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of law and this Ordinance shall take effect thirty (30) days after passage. SECTION 3. Severability. If any section, subsection, sentence, clause or phrase of the ordinance is, for any reason, found to be invalid or unconstitutional, such finding shall not affect the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance by section, subsection, sentence, clause or phrase irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases are declared unconstitutional. SECTION 4. Inconsistency. To the extent that the term or provisions of this ordinance may be inconsistent or in conflict with the terms or conditions of any prior City ordinance(s), motion, resolution, rule or regulation governing the same subject matter thereof, such inconsistent and conflicting provisions of prior ordinances, motions, resolutions, rules and regulations are hereby repealed. SECTION 5. Effective Date. This ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the 315t day after its passage. PASSED AND ADOPTED THIS DAY OF SEPTEMBER, 2008. MAYOR ATTEST: City Clerk 594151 I L' APPROVED AS TO FORM: Douglas Holland, City Attorney CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, California, do hereby certify that Ordinance No. is a full, true and correct copy and was introduced at a regular meeting of the Palm Springs City Council on and adopted at a regular meeting of the City Council held on by the following vote: AYES: NOES. ABSENT: ABSTAIN: James Thompson, City Clerk City of Palm Springs, California se.i�si i CITY OF PALM SPRINGS PUBLIC HEARING NOTIFICATION (0 OFFICE OF THE CITY CLERK James Thompson, City Clerk City Council Meeting Date: September 3, 2008 Subject: Ordinance Nos. 1745, 1746, 1748, and 1749 AFFIDAVIT OF PUBLICATION 1, Kathie Hart, CMC, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby certify that summary for Ordinance Nos. 1745, 1746, 1748, and 1749, adopted by the City Council on September 17, 2008, was published in the Desert Sun on September 30, 2008. 1 declare under penalty of perjury that the foregoing is true and correct. Kathie Hart, CMC Chief Deputy City Clerk AFFIDAVIT OF POSTING 1, Dolores Strickstein, Secretary, of the City of Palm Springs, California, do hereby certify that the summary and a copy of Ordinance Nos. 1745, 1746, 1748, and 1749 was posted at Office of the City Clerk, City Hall, 3200 E. Tahquitz Canyon Drive, on the exterior legal notice posting board and in the Office of the City Clerk on September 29, 2008. 1 declare under penalty of perjury that the foregoing is true and correct. A v Dolores Strickstein, Secretary- PROOF OF PUBLICATION Tlus is space for County Clerleq Piling Stamp (2015.5.C.C.P) STATE OF CALIFORNIA County of Riverside I am a citizen of the United States and a resident of Proof of Publication of the County aforesaid;1 am over the age of eighteen years,and not a party to or interested in the above-entitled matter.II am the principal clerk of a printer of the,DESERT SUN PUBLIS1.11NC COMPANY a newspaper of general circulation, printed and published in the city of Palm Springs, County of Riverside,and which newspaper has been - adjudged a newspaper of general circulation by the No.3356 Superior Court of the County of Riverside,State of CITY OF PALM SPRINGS California under the date of March 24,198&Case ORDINANCE NO.1749 Number 191236;that the notice,of which the AN ORDINANCE OF THE CITY OF PALM annexed is a tinted CO SPRINGS CALIFORNIA, AMENDING SECTION p copy(set in type not smaller 11 CODE ORELTHE PTO PARKS ANo UCCREA than non pariel,has been published in each regular TION AREAS AND SKArc PARK REGLILA- aud entire issue of said newspaper and not in any TIONS. supplement thereof on the fallowing dates,to wit: c�Afromey Summarryy This ordinanca ampn�OFupter I f.n4 of Tito 11 to the Palm Springs Municipal Code regarding rh Park$dnd Recreation Areas to add regulations Jar September 3U ,2UU$ use of the Palm Sprigs Skate Park, Thu ordl- nanBe provides that a vlolvpon of these regula- """""""""—""""—"""""""""""""""""" lions is punlehablaa58n infraction. -"------ I,Kalhie Han,Chief Deputy Cny Clerk of the❑ay, of Palm Springs California,do hereby eotfy that All in the year 2008 Ordinance No.1749 was Introduced at a regular, mooting of the Palm 5 rings City Council on Iho ulsrdmeetingeol the clry Co ncil void`on the 17� I certify(or declare)under penalty of perjury that the day of September,zo0B by the following vote foregoing is true and correct. AYES: Councllmembers, Hutcheson Whip, Wel9ol Mayor Pro Tam Foal and Mayor Pougnet Dated at Palm Springs,California this----300',----day NOES �Nione ne A55TAIN-None — of--- September ----—------------,2008 Kallliu Hart,CMC _ Chief Deputy Clry Clerk Puelish#d:913OM8 $i tune �J LD 1�G O I-- N CITY OF PALM SPRINGS ORDINANCE NO. 1749 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 11.44 OF THE PALM SPRINGS MUNICIPAL CODE, RELATING TO PARKS AND RECREATION AREAS AND SKATE PARK REGULATIONS. City Attorney Summary This ordinance amends Chapter 11.44 of Title 11 to the Palm Springs Municipal Code regarding Parks and Recreation Areas to add regulations for use of the Palm Springs Skate Park. The ordinance provides that a violation of these regulations is punishable as an infraction. I, Kathie Hart, Chief Deputy City Clerk of the City of Palm Springs, California, do hereby certify that Ordinance No. 1749 was introduced at a regular meeting of the Palm Springs City Council on the 3rd day of September, 2008 and adopted at a regular meeting of the City Council held on the 17th day of September, 2008 by the following vote: AYES: Councilmembers, Hutcheson, Mills, Weigel, Mayor Pro Tern Foat and Mayor Pougnet NOES: None ABSENT: None ABSTAIN: None Kathie Hart, CIVIC Chief Deputy City Clerk