HomeMy WebLinkAbout06/16/2009, C6 - SKATE PARK ORDINANCE counat
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CITY O F SAN LU I S O B I S P O
FROM: Betsy Kiser, Parks and Recreation Director
SUBJECT: SKATE PARK ORDINANCE
RECOMMENDATION
As recommended by the Parks and Recreation Commission:
Introduce an ordinance to amend the Municipal Code to include a new Section 12.20.140
requiring any person riding a permitted coasting device at Santa Rosa Park Skateboard Park to
wear a helmet, elbow pads and knee pads.
DISCUSSION
Background
Since its inception in the early 1990's; the City of San Luis Obispo has operated the skate park at
Santa Rosa Park as an attended facility, meaning that when the skate park is open to the public,
an attendant is scheduled to be on-duty at all times. Skate park attendants are employed by the
Parks and Recreation Department and are responsible for opening and closing the park, collecting
the entrance fee, enforcing the protective gear rules and maintaining the ramps. Currently the park
is open Tuesday through Saturday each week, with hours varying according to the time of year
(summer hours being longer than winter hours). Currently, helmets, elbow pads and knee pads are
required per Section 115800 of the California Health and Safety Code, in addition to having a
signed waiver on file and paying an entrance fee of$2.00 per use. During FY 2007-09, the cost of
staffing the skate park was approximately$20,000 annually.
When the City was faced with an $11 million budget gap for FY 2009-11, the elimination of
staffing at the skate park was proposed as an operating budget reduction. This recommendation
was based on a number of considerations, including: 1) unsupervised skateboard facilities are
becoming the norm across the state due to the passage of supportive state codes; 2) local
skateboarders expressed a desire for an unfenced, unsupervised skate park during the
development of the Santa Rosa Skate Park Master Plan and this option provides an opportunity
to see if an unsupervised facility works for our community; and 3) it has become increasingly
more difficult to keep local skateboarders out of the existing facility as they cut locks and cables
to skate during hours of non-operation.
City Council reviewed budget reduction options on April 14, 2009 and tentatively approved the cost
saving measure. Final approval will occur when Council adopts the 2009-11 Financial Plan later
this evening and staff will implement the budget beginning July 1.
Skate Park Ordinance 6.16.09 Page 2
However, in order to protect the City from liability for injuries that may occur at an unsupervised
skate park, the City must enact an ordinance that satisfies the California Health and Safety Code
Section 115800.
California Health and Safety Code Section 115800
The California Health and Safety Code, Section 115800 prohibits any operator of a skateboard
park to permit any person to ride a skateboard in its skate park, unless that person is wearing a
helmet, elbow pads and knee pads. The Code allows cities operating unsupervised facilities to
comply with its obligation to enforce the helmet, elbow pad and knee pad requirement by
adopting an ordinance requiring the use of such safety equipment and posting signage advising
users of the safety requirements (see Attachment 1 for Section 115800).
Section 12.20.140 of the San Luis Obispo Municipal Code
To satisfy state law and establish rules for the use of the skatepark, staff has crafted a new
Section 12.20.140 of the San Luis Obispo Municipal Code — Rules and Regulations Applicable
to Santa Rosa Park Skateboard Park. Specifically,the section includes the following;
A. It shall be unlawful and a violation of this section for any person to engage in, or for
any adult responsible for the supervision of minor child to permit the minor child to
engage in, any activity prohibited under this section.
B. The Santa Rosa Park skateboard park is an unsupervised facility. Riding or otherwise
using a skateboard or any other permitted coasting device in the skateboard park, or
entering into the skateboard park for the purpose of engaging in such activity, without
a helmet, elbow pads and knee pads is prohibited.
C. Coasting devices permitted in the skateboard park are limited to skateboards, inline
skates and scooters. All other uses and devices are prohibited.
D. Use of motorized vehicles within the skate park is prohibited.
E. Use or occupation of the skate park before lam or after dark is prohibited.
F. Use of alcoholic beverages and tobacco products at the skate park is prohibited.
G. Additional ramps,jumps, obstacles or any other equipment many not be brought into
the skate park.
H. The use of coasting devices, including skateboards and inline skates are considered
hazardous recreational activities that create a substantial risk of serious injury or death
to participants, those assisting participants, and spectators of such activities. All users
of the skate park voluntarily assume the risk of serious injury or death in use of the
skate park facility.
Furthermore, appropriate signage will be posted at the entrance to the park prior to Santa Rosa
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Skate Park Ordinance 6.16.09 Page 3
Park Skateboard Park becoming an unsupervised facility(see Attachment 2 for Ordinance).
Enforcement of Ordinance
Enforcement of the ordinance will become the responsibility of Ranger Services and the Police
Department. Under the Municipal Code, enforcement could be accomplished by either an
Infraction Citation issued by the Police Department or Ranger Services or an Administrative
Citation issued by authorized Parks and Recreation staff. The current Administrative Citation
schedule is $100 for the first offense, $200 for the second and $500 for the third.
CONCURRENCES
The Parks and Recreation Commission reviewed the proposed ordinance at its June 3, 2009
meeting and concur with the recommendation (see Attachment 3 for minutes).
FISCAL IMPACT
By eliminating direct supervision at the Santa Rosa Park Skateboarding Park, the City will save
$19.300 annually. Some revenues may be realized if citations are administered, but the exact
amount is unknown at this time.
ALTERNATIVES
The City Council could choose to direct staff to continue to supervise the skate park, in which
case the ordinance would not be required for liability protection. This is not recommended
because 1) the high cost of staffing the facility and the associated low revenue stream is
counterproductive given the City's current fiscal situation, 2) unsupervised skateboard facilities
are becoming the norm across the state, as more cities take advantage of the California Health
and Safety Code, Section 115800 protections;. and 3) it provides a good opportunity for
determining if an unsupervised model will be appropriate for the new skate park that is being
planned for Santa Rosa Park.
ATTACHMENT
1. Health and Safety Code Section 115800
2. Ordinance
3. PRC Minutes 6.03.09
TACouncilAgendaReports\Parks and Recreation CAR\CAR—Skate Park Ordinance 6.16.09
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CATTACHMENT 1
HEALTH AND SAFETY CODE SECTION 115800
115800. (a)No operator of a skateboard park shall permit any person to ride a
skateboard therein, unless that person is wearing a helmet, elbow pads; and knee pads.
(b) With respect to any facility, owned or operated by a local public agency, that is
designed and maintained for the purpose of recreational skateboard use, and that is not
supervised on a regular basis, the requirements of subdivision (a) may be satisfied by
compliance with the following:
(1) Adoption by the local public agency of an ordinance requiring any person riding a
skateboard at the facility to wear a helmet, elbow pads, and knee pads.
(2)The posting of signs at the facility affording reasonable notice that any person
riding a skateboard in the facility must wear a helmet, elbow pads, and knee pads, and
that any person failing to do so will be subject to citation under the ordinance required by
paragraph (1).
(c) 'Local public agency" for purposes of this section includes, but is not limited to, a
city, county, or city and county.
(d) (1) Skateboarding at any facility or park owned or operated by a public entity as a.
public skateboard park, as provided in paragraph (3), shall be deemed a hazardous
recreational activity within the meaning of Section 831.7 of the Government Code if all
of the following conditions are met:
(A) The person skateboarding is 12 years of age or older.
(B) The skateboarding activity that caused the injury was stunt, trick, or luge
skateboarding.
(C) The skateboard park.is on public property that complies with subdivision (a) or(b).
(2)In addition to the provisions of subdivision (c) of Section 831.7 of the Government
Code, nothing in this section is intended to limit the liability of a public entity with
respect to any other duty imposed pursuant to existing law, including the duty to protect
against dangerous conditions of public property pursuant to Chapter 2 (commencing with
Section 830) of Part 2 of Division 3.6 of Title 1 of the Government Code. However,
nothing in this section is intended to abrogate or limit any other legal rights, defenses, or
immunities that may otherwise be available at law.
(3)For public skateboard parks that were constructed on or before January 1, 1998, this
subdivision shall apply to hazardous recreational activity injuries incurred on or after
January 1, 1998, and before January 1, 2001. For public skateboard parks that are
constructed after January 1, 1998,this subdivision shall apply to hazardous recreational
activity injuries incurred on or after January 1, 1998, and before January 1, 2012. For
purposes of this subdivision, any skateboard facility that is a movable facility shall
be deemed constructed on the first date it is initially made available for use at any
location by the local public agency.
(4) The appropriate local public agency shall maintain a record of all known or reported
injuries incurred by a skateboarder in a public skateboard park or facility. The local
public agency shall also maintain a record of all claims, paid and not paid, including
any lawsuits and their results, arising from those incidents that were filed against the
public agency. Beginning in 1999, copies of these records shall be filed annually, no later
than January 30 each year, with the Judicial Council, which shall submit a report to the
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Legislature on or before March 31, 2011, on the incidences of injuries incurred, claims
asserted, and the results of any lawsuit filed, by persons injured while skateboarding in
public skateboard parks or facilities.
(5)This subdivision shall not apply on or after January 1, 2001, to public skateboard
parks that were constructed on or before January 1, 1998, but shall continue to apply to
public skateboard parks that are constructed after January 1, 1998.
(e) This section shall remain in effect until January 1, 2012, and as of that date is
repealed, unless a later enacted statute, enacted before January 1, 2012, deletes or extends
that date.
115800. (a)No operator of a skateboard park shall permit any person to ride a
skateboard therein, unless that person is wearing a helmet, elbow pads, and knee pads.
(b) With respect to any facility, owned or operated by a local public agency, that is
designed and maintained for the purpose of recreational skateboard use, and that is not
supervised on a regular basis, the requirements of subdivision (a) may be satisfied by
compliance with the following:
(1) Adoption by the local public agency of an ordinance requiring any person riding a
skateboard at the facility to wear a helmet, elbow pads, and knee pads.
(2)The posting of signs at the facility affording reasonable notice that any person
riding a skateboard in the facility must wear a helmet, elbow pads, and knee pads, and
that any person failing to do so will be subject to citation under the ordinance required by
paragraph (1).
(c) "Local public agency" for purposes of this section includes, but is not limited to, a
city, county, or city and county.
(d) This section shall become operative on January 1, 2012.
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ATTACHMENT 2
ORDINANCE NO. (2009 Series)
AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO
REQUIRING ANY PERSON RIDING A PERMITTED COASTING DEVICE AT SANTA
ROSA PARK SKATEBOARD PARK TO WEAR A HELMET, ELBOW PADS AND
KNEE PADS
WHEREAS, the City Council of the City of San Luis Obispo owns and operates a
skateboard park available for use by the public at Santa Rosa Park; and
WEHREAS, the City lacks the financial resources to provide staff supervision of the use
of the skateboard park during it hours of operation; and
WHEREAS,California Health and Safety Code Section 115800 prohibits any operator
of a skateboard park to permit any person to ride a skateboard in its skateboard park, unless that
person is wearing a helmet, elbow pads, and knee pads; and
WHEREAS, Section 1.15800 allows cities operating unsupervised facilities to comply
with their obligation to enforce the helmet, knee pad and.elbow pad requirement by adoption of
an ordinance requiring the use of such safety equipment and posting of signage advising users of
the safety requirements;
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. That new Section 12.20.140 of the San Luis Obispo Municipal Code is
hereby added and shall be codified to read as follows:
12.20.140 Rules and Regulations Applicable to Santa Rosa Park Skateboard
Park
A. It shall be unlawful and a violation of this section for any person to engage in, or
for any adult responsible for the supervision of a minor child to permit the minor
child to engage in, any activity prohibited under this section.
B. The Santa Rosa Park skateboard park is an unsupervised facility. Riding or
otherwise using a skateboard or any other permitted coasting device in the
skateboard park, or entering into the skateboard park for the purpose of engaging
in such activity, without a helmet, elbow pads and knee pads is prohibited.
C. Coasting devices permitted in the skateboard park are limited to skateboards,
inline skates and scooters. All other uses and devices are prohibited.
D. Use of motorized vehicles within the skate park is prohibited.
ATTACHMENT 2
E. Use or occupation of the skate park before 7am or after dark is prohibited.
F. Use of alcoholic beverages and tobacco products at the skate park is prohibited.
G. Additional ramps,jumps, obstacles or any other equipment many not be brought
into the skate park.
H. The use of coasting devices, including skateboards and inline skates are
considered hazardous recreational activities that create a substantial risk of serious
injury or death to participants, those assisting participants, and spectators of such
activities. All users of the skate park voluntarily assume the risk of serious injury
or death in use of the skate park facility.
SECTION 2. Prior to Santa Rosa Park skateboard park becoming an unsupervised
facility, the City shall cause signs to be posted at the Skate Park at Santa Rosa Park entrance
providing notice that any person riding permitted coasting devices in the facility must wear a
helmet, knee pads and elbow pads and that any person failing to do so will be subject to citation
and/or prosecution pursuant to San Luis Obispo Municipal Code Section 12.20.140. It is
unlawful for any individual to damage, deface, destroy or alter any such sign posted at the skate
park facility.
SECTION 3. A summary of this ordinance, together with the names of Council
members voting for and against, shall be published at least five (5) days prior to its final passage,
in The Tribune, a newspaper published and circulated in this City. This ordinance shall go into
effect at the expiration of thirty(30) days after its final passage.
INTRODUCED on the day of 2009, AND FINALLY
ADOPTED by the Council of the City of San Luis Obispo on the day of
2009, on the following vote:
AYES:
NOES:
ABSENT:
Mayor David F. Romero
ATTEST:
Audrey Hooper
City Clerk
ATTACHMENT 2
APPROVED AS TO FORM:
Jonathan P. Lowell
City Attorney
Parks and Recreation Commission
DRAFT MINUTES
Council Hearing Room, 990 Palm Street
San Luis Obispo, CA
Wednesday, June 3, 2009, 7:00 p.m.
CALL TO ORDER: Chair Jill Lemieux called the meeting to order at 7:00 p.m.
ROLL CALL: Commissioners: Vice Chair Craig Kincaid, Gary Havas, David Hensinger,
Kylie Hatch, Ron Regier, and Steve Davis
ABSENT:
STAFF: Director Betsy Kiser, Marti Reynolds, Shannon Bates
CONSIDERATION OF MINUTES:
MOTION: (Kincaid/Havas) Approve the May 6, 2009 minutes as s mitted with a notation by Vice
Chair Kincaid that his intention was for the recommendation a) o reflect the price of merchandise
rather than the cost to the golf course (reference page 1-2, p agraph a, last sentence) as he feels it
implies a different meaning.
Approved: 7 yes: 0 no: 0 absent
1. Public Comment
None.
2. Volunteer of the Month
The May Volunteer of the Mont s Kristen McClay. Kristen volunteered for the Central Coast
Monster Skate Park Series this pring, attending five of the six contests and committee planning
meetings. Monster Skate is local skateboarding contest series that holds competitions in six
different skate parks aroun LO County. She is employed by SLO County Parks and works mostly
at the Los Osos skate p in addition to El Chorro Regional Park. Kristen is originally from North
Carolina. Her involv ent with the Coast Guard brought her west as far as Guam and Hawaii. She
me her husband Ry through the Coast Guard which is what keeps her here on the central coast, as
he is stationed o of Morro Bay. Kristen just completed her Associate's degree at Cuesta College
and will be st ying Recreation, Parks and Tourism Administration at Cal Poly beginning in the fall
of 2009. S e currently lives in Los Osos with her husband Ryan and their chocolate lab, Kona,
where they like to surf, skate and play outside.
It is with great appreciation that the Parks and Recreation Commission recognizes Kristen McClay
as the Volunteer of the Month.
3. Skate Park Ordinance—Kiser
Director Kiser provided a report to the Commissioners explaining the elimination of staffing at the
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Parks and Recreation Commission Minutes
June 3, 2009
Page 2 of 5
skate park as a result of FY 2009-11 operating budget reductions. In order to protect the City from
liability for injuries that may occur at an unsupervised skate park, the City first needs to enact an
ordinance that satisfies the California Health and Safety Code Section 115800. This ordinance rules
that no one shall operate a skateboard within the park unless they are equipped with knee pads,
elbow pads and helmet. The code allows cities with unsupervised facilities to comply with this
obligation of enforcement by adopting an ordinance requiring the safety equipment listed and
posting signage advising users of the requirements. Therefore staff has created a new Section
12.20.140 of the San Luis Obispo Municipal Code — Rules and Regulations Applicable to Santa
Rosa Park Skateboard Park. Signage will be posted at the entrance to the park prior to Santa Rosa
Park Skateboard Park becoming an unsupervised facility.
Enforcement of the ordinance will become the responsibility of Ranger Services and the Police
Department. Under the Municipal Code, enforcement could be accomplished by either an Infraction
Citation issued by the Police Department or Ranger Services or an Administrative Citation issued
by authorized Parks and Recreation staff. The current Administrative Citation schedule is $100 for
the first offense. $200 for the second and $500 for the third.
Commissioners Hatch and Regier clarified the ordinance would apply to"coasting devices", that the
facility would not be locked at any time and that enforcement would primarily involve drive-by
observation. Potential future use of video surveillance equipment was discussed.
Chair Lemieux wished to ensure that the public will know where to go to give feedback and bring
back to the review process. Feels even though the eventual new park will be more difficult to
vandalize, this ordinance will help in the transition.
MOTION. (Kincaid/Hatch)
Approve and forward a recommendation to City Council to adopt an ordinance of the City of San
Luis Obispo requiring any person riding a permitted coasting device at Santa Rosa Park Skateboard
Park to wear a helmet, elbow pads and knee pads.
Approved: 7 yes: 0 no: 0 absent
4. Staff Report—Bates
Recreation Manager Shannon Bates gave a PowerPoint present ' to the Commissioners on recent
updates to the Public Art program which she has managed ce 2008. Bates explained the Request
for Proposal (RFP) process in use since 1990 w re interested artists are invited to submit
proposals. Discussed Arts Council and Chan within other cities to a new process. From the
artists perspective, RFPs are viewed as gh agencies were going shopping for art at the artist's
expense, and that, although it probab ade sense at the time, it no longer was a feasible option. As
a result, the City recently switc to a Request for Qualifications (RFQ) system instead. The RFQ
asks for qualifications ins d of submission of art for consideration of specific projects. This
change opened up a s risingly larger pool from which to choose. Examples were given of recent
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