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HomeMy WebLinkAboutNS-2504 - Regarding Establishment of Rules and Guidelines at Public Skate Park FacilitiesMV REVISED 7/15/02 ORDINANCE NO. NS-2504 AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING CHAPTER 31 ADDING SECTION 31-5, TO THE SANTA ANA MUNICIPAL CODE REGARDING THE ESTABLISHMENT OF RULES AND GUIDELINES AT PUBLIC SKATE PARK FACILITIES THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: The City Council hereby finds, determines and declares: The City of Santa Ana desires to provide alternative avenues of recreation within the City. Skateboarding and in-line skating, is a form of recreation that has increased in popularity within Santa Ana in recent years. Skateboarding is considered a hazardous recreational activity, as defined in California Government Code section 831.7. The increased popularity of the sports has resulted in skating on public streets and right of ways within the City. The State of California requires that all cities that have skate parks adopt an ordinance requiring any person skating in a city-owned facility must wear proper safety gear. The City desires to operate public skate facilities to address the recreational needs of the community, while providing a safe area for skaters. All provisions of the Santa Ana Municipal Code which are repeated herein are repeated solely in order to comply with the provisions of section 418 of the Charter of the City of Santa Ana. Any such restatement of existing provisions of the Code is not intended, nor shall it be interpreted, as constituting a new action or decision of the City Council, but rather such provisions are repeated for tracking purposes only in conformance with the Charter. SECTION 2: That Section 31-5 is hereby added to the Santa Ana Municipal Code to read as follows: Ordinance No. 2504 Page 1 of 4 Sec. 31-5. Skate Park facility regulations. (a) The following regulations shall apply to the riding of skateboards and in-line skating, at any facility or park owned or operated by the City of Santa Ana that is designed and maintained for the purpose of recreational skateboard use: 1) No person shall ride a skateboard or partake in in-line skating at any facility owned or operated by the City of Santa ^na that is designed and maintained for the purpose of recreational skateboard use unless that person is wearing a helmet, elbow pads, and kneepads as required by the State of California Health and Safety Code Section 115800. 2) It shall be unlawful to enter the skateboard facility unless during posted hours of operation. 3) It shall be unlawful to enter the designated skate area, unless operating skateboard or partaking in in-line skating. 4) It shall be unlawful to organize any activity, event or competition in any designated public skate park facility without the written permission of the Executive Director of the Parks, Recreation and Community Services Agency. 5) It shall be unlawful to make modifications, alterations, or additions in any manner to the skate facility. 6) No bicycles, BMX, scooters and/or motorized devices are permitted within any designated public skate park facility. Public skate park facilities are for in-line skating and skateboarding only. 7) Skating outside the designated skate park area is prohibited. This does not include skating or using skateboards as a means of transportation. (b) The Executive Director of the Parks, Recreation and Community Services Agency is authorized to post signs giving notice of the aforementioned regulations as well as any additional regulations as he or she determines are valuable for the optimal operation of the designated public skate park facility. (c) Violation of this section shall be an infraction punishable by (1) a fine not exceeding fifty dollars ($50.00) for the first violation, (2) a fine not exceeding one hundred dollars ($100.00) for a second violation of the same ordinance within same year; (3) a fine not exceeding one hundred seventy- Ordinance No. 2504 Page 2 of 4 five dollars ($175.00) for each additional violation of the same ordinance within same year. (4) fourth violation within same year will result in six- month banishment from the use of the facility. (5) Failure to pay fines will result in automatic six-month banishment from the use of the facility until said fines are paid. SECTION 3: 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 Ana 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, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this 5th day of Auqust, 2002. APPROVED AS TO FORM: Joseph W. Fletcher City Attorney 1 By:~ , ~ Deputy City Attorney AYES: NOES: ABSTAIN: NOT PRESENT: Councilmembers: Councilmembers: Councilmembers: Councilmembers: Alvarez, Bist, Christy, Franklin, McGuioan. Pulido. Solodo (7) None ('0) None (0) None Ordinance No. 2504 Page 3 of 4 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS-2504 to be the original ordinance adopted by the City Council of the City of Santa Aha on August 5, 2002, and that said ordinance was published in accordance with the Charter of the City of Santa Aha. Date: Clerk of the Council City of Santa Ana Ordinance No. 2504 Page 4 of 4 WESTMINSTER (SEVENTEENTH ST.) AVE. , .,.~ ,////I,?II II ~ ,, ,, Il I I~ ~ [~ I P~T~ORDIN~CtNO. NS~A~PTEOBY~E~A~AOI~CO~CILA~UST1LI959. I I PREPARED BY THE PLANNING DIVISION ' CITY OF SANTA ANA CALIFORNIA