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Home My WebLink About9/3/2008 - STAFF REPORTS - 3.B. x p,LM UtIFOR'tl" City Council Staff Repo DATE: September 3, 2008 LEGISLATIVE SUBJECT: Skate Park Ordinance FROM: David H. Ready, City Manager BY: Parks and Recreation Department SUMMARY In an effort to increase use of the Palm Springs Skate Park and provide more opportunities for recreation, staff was directed to change the current operation and eliminate fees for use. With this new operation, California Health and Safety Code Section 115800 mandates certain requirements, one of which is to adopt an ordinance requiring any person riding a skateboard at the skate park to wear a helmet, elbow pads and knee pads. RECOMMENDATION: 1. Waive the reading of the ordinance text in its entirety and read by title only. 2. Introduce on first reading Ordinance No. "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." BACKGROUND The City Council, at its June 11 meeting, voted 4/0 to approve the changes to the City's Comprehensive Fee schedule, which eliminated daily fees and memberships for use of the Palm Springs Skate Park. The elimination of fees changes the operational requirements, and staff will no longer collect fees and check patrons in and a security guard will not be on duty. yya)5 I ITEM NO. California State law recognizes many skate parks are operated as non-regularly supervised facilities and requires the adoption of an ordinance, posting of certain signs, and the maintenance of records of injuries. The ordinance will implement California Health and Safety Code Section 115800 and require any person riding a skateboard at the skate park to wear a helmet, elbow pads and knee pads. FISCAL IMPACT Revenues from violations are expected to be minimal. Sharon Heider, Director Thomas Wilso , Assistant City Manager Department of Parks and Recreation David H. Ready, City M Attachment. Ordinance 594251 1 _ 22 ORDINANCE NO. 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 Safely Cade 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. S4.1]5� I 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 he 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 594251 1 2 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, 200$. MAYOR ATTEST: City Clerk 59,1211 1 n� 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 594251.1 - n E