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Ord 551ORDINANCE NO. 551 AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA AMENDING CHAPTER 9.48 AND SECTION 10.56.010 OF THE POWAY MUNClPAL CODE REGARDING CITY-OWNED SKATE PARKS WHEREAS, on January 1, 1998, Assembly Bill 1296 became effective, and provided that skateboarding at public skate parks is a "hazardous recreational activity"; and WHEREAS, on September 18, 2001 the City Council approved the construction of a skate park at Community Park to provide a place for skateboarding and skating; and WHEREAS, in order to comply with the provisions of Assembly Bill 1296, the City Council wishes to adopt an ordinance requiring persons skating and skateboarding in skate parks to wear helmets, elbow pads, and knee pads; and WHEREAS, the use of bicycles and scooters in the skate parks pose an immediate and serious safety hazard; and WHEREAS, individuals who gather within the fenced areas surrounding the skate facility without the required safety equipment pose a safety hazard; and WHEREAS, this ordinance is needed to protect the public health and safety; and WHEREAS, the City Council has considered all reports and all recommendations by staff and public testimony; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA DOES ORDAIN AS FOLLOWS: Section 1: Chapter 9.48.010 of the Poway Municipal Code is amended to add the following: 9.48.010 Definitions. E. "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. F. "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. G. "Scooter," means any wheeled device, motorized or not, that has handlebars and designed to be stood or sat upon by the operator. Ordinance No. 551 Page 2 Section 2: There is hereby added to the Poway Municipal Code as Section 9.48.320 the following provisions to provide for the health, safety, and welfare of those utilizing any City-owned skate park. 9.48.320 Skate parks. It is unlawful and punishable as set forth in Section 1.08.010 of this code for any person: To ride a skateboard, to skate, or to be 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 ride, jump, carry, possess or have any scooter or bicycle in a skate park owned and/or operated by the City, whether supervised or not. C. To operate motorized equipment in the facility. D. To perform stunt, trick or luge maneuvers in or around the skate park, or in the skate park parking lot. E. To consume any food, beverage, alcoholic beverage or drugs in or upon the skate park. F. To use tobacco products within the skate park. G. To possess glass within the skate park. H. To use the skate park under wet conditions. I. To possess or use unauthorized ramps, jumps or obstacles in the skate park. 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 any peace officer for that reason. 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. Ordinance No. 551 Page 3 L. To use the skate park when under the age of 14 unless accompanied by a parent or guardian. M. For a parent, guardian or other adult person having custody of a minor under the age of eighteen years to allow such minor to use the skate park unless said minor is wearing the protective equipment required by this chapter. City of Poway staff, Sheriffs 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 skates in the facility must wear a helmet, elbow pads, and kneepads, and that any person failing to do so will be subject to citation under Section 9.48.320 of the Poway Municipal Code. Such signs shall also give notice that any person riding, jumping, carrying, possessing or having a scooter or bicycle in the facility, shall be subject to citation under Section 9.48.320 of the Poway Municipal Code. In addition, said sign will give notice that a violator's skates, skateboard, scooter or bicycle may be impounded subject to an impound fee of twenty-five dollars ($25). Any peace officer, public safety volunteer, Park Ranger or Reserve 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, a twenty-five dollar ($25) impound fee will be charged. Section 3: Chapter 10.56 of the Poway Municipal Code is amended as follows: 10.56.010 Definitions. "Bicycle," means a device upon which any person may ride, propelled exclusively by human power through a belt, chain, or gears, and having either two or three wheels in a tandem or tricycle arrangement. Section 4: Severability. 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 Ordinance No. 551 Page 4 remaining portions of this ordinance. It is hereby declared that this ordinance and each section, subsection, sentence, clause, phrase, part, or portion thereof, would have been adopted or passed irrespective of the fact that any one or more sections, sentences, clauses, phrases, parts, or portions be declared invalid or unconstitutional. Section 5: This Ordinance shall be codified. EFFECTIVE DATE: This Ordinance shall take effect and be in force thirty (30) days after the date of its passage; and before the expiration of fifteen (15) days after its passage, it shall be published once with the names of members voting for and against the same in the Poway News Chieftain, a newspaper of general circulation published in the City of Poway. Introduced and first read at a Regular Meeting of the City Council of the City of Poway held the 11thth day of December, 2001, and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held the 8m day of January, 2002, by the following roll call vote: AYES: REXFORD, HIGGINSON, GOLDBY, EMERY, CAFAGNA NOES: NONE ABSTAIN: NONE ABSENT: N01~!E ATTEST: Michae~P.c~,Mayor Lori ~nne Peoples, city Cle~-k