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