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Ord 782ORDINANCE NO 782 AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA, AMENDING SECTIONS 9 48 010 AND 9 48 320 OF THE POWAY MUNICIPAL CODE TO ALLOW BICYCLES, SCOOTERS, AND OTHER WHEELED RECREATIONAL DEVICES IN A CITY -OWNED AND - OPERATED SKATE PARK WHEREAS, on August 17, 2015, Governor Brown signed into law Assembly Bill 1146, which extends liability relief currently given for skateboards in a city -owned and - operated skate park to "other wheeled recreational vehicles" including bicycles, scooters, in -line skates, roller skates, and wheelchairs, and WHEREAS, Section 9 48 320 of the Poway Municipal Code limits or prohibits use of other wheeled recreational vehicles in a city -owned and - operated skate park, and WHEREAS, the City Council of the City of Poway desires to allow bicycles, scooters, and other wheeled recreational vehicles in such a skate park. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES ORDAIN AS FOLLOWS SECTION 1. Sections 9 48 010 and 9 48 320 of the Poway Municipal Code are hereby repealed SECTION 2 Section 9 48 010 of the Poway Municipal Code is hereby added to read as follows "9 48 010 Definitions For the purposes of this chapter, the following definitions shall apply- A "Camp" means to reside in or use a park for living accommodation purposes, as exemplified by remaining for prolonged or repetitious periods of time not associated with ordinary recreational use of a park with one's personal possessions (including but not limited to clothing, sleeping bags, bedrolls, blankets, sheets, luggage, backpacks, kitchen utensils, cookware and similar material), sleeping or making preparations to sleep, storing personal belongings as above defined, regularly cooking or consuming meals, or living in a parked vehicle These activities constitute camping when it reasonably appears, in light of all the circumstances, that the participants, in conducting these activities, are in fact using the area as a living accommodation regardless of the intent of the participants or the nature of any other activities in which they may also be engaged Ordinance No 782 Page 3 A. To ride a skateboard or other wheeled recreational device within the fenced area surrounding the skate facility in a skate park owned or operated by the City, whether supervised or not, unless that person is wearing a helmet, elbow pads and knee pads which are in serviceable condition and properly fastened in accordance with the manufacturer's recommendations for such equipment, B To operate motorized equipment in the facility, C To perform stunt, trick or luge maneuvers in or around the skate park, or in the skate park parking lot, D To consume any food, beverage, alcoholic beverage or drugs in or upon the skate park, E To use tobacco products within the skate park, F To possess glass within the skate park, G To use the skate park under wet conditions, H To possess or use unauthorized ramps, jumps or obstacles in the skate park, I To fail to wear the protective equipment required by this section and to remain at the skate park after having been directed to leave by City of Poway staff or any peace officer for that reason, J To enter or to return to the skate park for the purpose of using the skate park unless said person is wearing the protective equipment required by this section, K To use the skate park when under the age of 12 unless accompanied by a parent or guardian, L For a parent, guardian or other adult person having custody of a minor under the age of 18 years to allow such minor to use the skate park unless said minor is wearing the protective equipment required by this section City of Poway staff, Sheriff's Department personnel and similarly authorized individuals are exempted from the provisions of this section when their presence is in conjunction with the performance of their duties The City shall erect and maintain regulatory signs at all skate parks owned and /or operated by the City Such signs shall give notice that any person riding a skateboard or other wheeled recreational device in the facility must wear a helmet, elbow pads, and kneepads, and that any person failing to do so will be Ordinance No 782 Page 4 subject to citation under this section In addition, said sign will give notice that a violator's skateboard or other wheeled recreational device may be impounded subject to an impound fee in an amount that shall be established by City Council resolution from time to time Any peace officer, public safety volunteer, or park ranger shall have the authority to seize and confiscate any property, thing or device which is located in the skate park and which is used in violation of this section The property may be impounded and seized as evidence of the violation If property is impounded, an impound fee in an amount that shall be established by City Council resolution from time to time will be charged " SECTION 4. This Ordinance shall be codified EFFECTIVE DATE This Ordinance shall take effect and be in force thirty (30) days after its adoption CERTIFICATION /PUBLICATION The City Clerk shall certify the adoption of this Ordinance and cause it or a summary of it, to be published with the names of the City Council members voting for and against the same in the Poway News Chieftain, a newspaper of general circulation in the City of Poway within fifteen (15) days after its adoption and shall post a certified copy of this Ordinance in the Office of the City Clerk in accordance with Government Code § 36933 Introduced and first read- at a Regular Meeting of the City Council of the City of Poway held the 1St day of December 2015, and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held the 15th day of December 2015 S eve Vaus, Mayor ATTEST Sheila Cobian, CMC, City Clerk Ordinance No 782 Page 5 STATE OF CALIFORNIA ) ) SS COUNTY OF SAN DIEGO) I, Sheila R Cobian, CIVIC, City Clerk, of the City of Poway, do hereby certify that the foregoing Ordinance No 782, was duly adopted by the City Council at a regular meeting of said City Council held on the 15th day of December 2015, and that it was so adopted by the following vote AYES LEONARD, CUNNINGHAM, MULLIN, GROSCH, VAUS NOES NONE ABSENT NONE DISQUALIFIED NONE 4 coc �t She'ilA,R. Cobian, CIVIC, City Cler City of Poway Ordinance No. 782 Page 2 B. "Community Services facility" includes parks, recreation facilities, and cultural facilities owned by, leased by or under the control of the City and used as defined herein C. "Community Services site employee" means any person employed by the City whose position is assigned to the Community Services Department with duties conducted in or around any indoor or outdoor City park, recreation facility, or cultural facility or area. D "Cultural facility" shall include City buildings and outdoor areas that are primarily used for the purpose of arts, education and nature exploration, including all land, water, road improvements, parking, and facilities therein E. "Director" means the Director of Community Services or a designated representative F. "Other wheeled recreational device" means nonmotonzed bicycles, scooters, in -line skates, roller skates, or wheelchairs G. "Parks" are designated as City parks, recreation areas, and reserves by the City Council including all land, water, road improvements, parking, and facilities therein H. "Recreation facility" is any building that is primarily used for the purpose of recreation and leisure activities including all land, water, road improvements, parking, and facilities therein. I. "Scooter" means any wheeled device, motorized or not, that has handlebars and is designed to be stood or sat upon by the operator J. "Skateboard" means a board of any material that lacks a handle mechanism, has wheels attached and such wheels may be used for moving or propulsion K. "Skate park" means any facility that is designed and maintained for the purpose of recreational skating The skate park shall include the fence and the entire area within the fencing surrounding the skate facility, if the immediate skate facility is fenced." SECTION 3- Section 9 48 320 of the Poway Municipal Code is hereby added to read as follows "9.48.320 Skate parks. It is unlawful and punishable as set forth in PMC 1.08.010 for any person-