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HomeMy WebLinkAbout1530ORDINANCE NO. 1530 (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 WHEREAS, 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 115800 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. E. Use or occupation of the skate park before 7 a.m. or after dark is prohibited. F. Use of alcoholic beverages and tobacco products at the skate park is prohibited. Ordinance No. 1530 (2009 Series) Page 2 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 Wh day of June, 2009, AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on the 7th day of July, 2009, on the following vote: AYES: Council Members Ashbaugh, Carter and Marx, Vice Mayor Settle and Mayor Romero NOES: None ABSENT: None ATTEST: s� Elaina Cano Interim City Clerk APPROVED AS TO FORM: Jonathan P. Lowell City Attorney Mayor David F. Romero 1 has" ON* go YAM N • vw X O WROM 110 d 0pdwrw Na . a end Soft ffdhl WO PWWW pint to Gw1� Q�on �.