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HomeMy WebLinkAboutNS-1451EJC:adg 8/28/78 ORDINANCE NO. NS- 1451 AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING CHAPTER 36 OF THE SANTA ANA MUNICIPAL CODE FOR THE PURPOSE OF REGULATING THE USE OF SKATEBOARDS IN THE CITY OF SANTA ANA THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That the Santa Ana Municipal Code is hereby amended by adding a section to be numbered 36-14, which said section reads as follows: Sec. 36-14. Skateboard A "skateboard" is any vehicle, device or conveyance with any number of wheels, with a riding surface of any design upon which a person may place one or more feet, and which is designed to be or can be propelled by human power, and which is not classified as a bicycle in this code. SECTION 2: That the Santa Ana Municipal Code is hereby amended by adding a section to be numbered 36-15, which said section reads as follows: Sec. 36-15. Motorized Skateboard A "motorized skateboard" is the same as a skateboard in all respects except that it is designed to be or can be self-propelled by motorized power. SECTION 3: That section 36-41 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 36-41. Miscellaneous Driving Movements and Acts Prohibited No person shall: (1) Drive between the vehicles comprising a funeral procession while it is in motion and when such vehicles are identified as part of such procession by the display upon the outside of each vehicle of a pennant or other identify- ing insignia or by such other method as may be determined and designated by the chief of police. This provision shall not apply at intersections where traffic is controlled by traffic-control signals or polioe officers. (2) While riding any bicycle, motorcycle, coaster, skateboard, motorized skateboard, roller skates or any toy vehicle, attach the same or himself to any moving vehicle upon any roadway, and no person driving any vehicle shall permit the same to be done. (3) Drive any motor vehicle within or over any sidewalk area or any parkway except at a driveway. ORDINANCE NO. NS-1451 PAGE TWO (4) Drive over or across any new pavement or freshly painted marking, when any street barrier, sign or marking is in place, warning persons not to drive over or across the same, or when a sign is in place stating that the street, or any portion thereof, is closed. (5) Drive or operate a vehicle contrary to the directions or provisions of any ordinance of the city, or by any public utilities, or by any department of the city, or by any other person pursuant to law or contract with the city, and no unauthorized person shall move or alter the position of any such barrier or sign. (6) Drive a vehicle onto or from any freeway except at such entrances and exits as are established by public authority. (7) Park any vehicle within three hundred feet (300') of any fire apparatus which is stopped in answer to a fire alarm. (8) Ride a bicycle or Skateboard upon a side- walk within a business district, as that term is defined in California Vehicle Code Section 235. Whenever any person is riding a bicycle or skateboard upon a sidewalk other than in a business district, or in any other public place, such person shall yield the right-of-way to any pedestrian. (9) Drive a vehicle into an intersection or a marked crosswalk unless there is sufficient space on the other side of the intersection or crosswalk to accommodate the vehicle he is operating without obstructing the passage of other vehicles or pedestrians in such intersection or crosswalk, notwithstanding any official traffic-control device or signal indication to proceed. SECTION 4: That the Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 36-48, which said section reads as follows: Sec. 36-48. Skateboards Prohibited from Roadway and Bicycle Path No person shall ride any skateboard or motorized skateboard, in, on, over or upon any roadway, as that term is defined in the Vehicle Code of the State of California, in the City of Santa Ana. Furthermore, no person shall ride any motorized skateboard ih,~ on,~over or upon any bicycle lane, path or trail in the City of Santa Ana, whether or not such bicycle lane, path, or trail is within a roadway. ORDIN~/qCE NO. NS- 1451 PAGE THREE SECTION 5: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Aha hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, clauses or portions be declared in- valid or unconstitutional. SECTION 6: Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of ordinances, which violations were committed prior to the effective date here- of, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any such license or penalty nor the penal provisions applicable to any violation thereof, nor to affect the validity of any bond or case deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect. ADOPTED, this ]6th day of 0ct0ber , 1978, by the following vote: AYES: COUNCILMEN: Yamam0t0, Brandt, Evans, Garthe, NOES: COUNCILMEN: Bricken, Ward ABSENT: COUNCILMEN: MAYOR ATTEST: APPROVED AS TO FORM: KEITH L~ GOW CITY ATTORNEY