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HomeMy WebLinkAboutOrd. 1416-2009ORDINANCE NO. 1416-2009 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA AN ORDINANCE ADDING CHAPTER 8.62 TO THE SOUTH SAN FRANCISCO MUNICIPAL CODE REGULATING SKATEBOARD PARKS WHEREAS, the City of South San Francisco intends to develop and operate a skateboard park available for public use; and WHEREAS, the City lacks the financial resources to provide staff supervision over the use of the skateboard park during its 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 further 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 by posting signage advising users of the safety requirements. NOW THEREFORE, the City Council of the City of South San Francisco does ORDAIN as follows: SECTION 1. That the new Chapter 8.62 of the South San Francisco Municipal Code is hereby added and shall be codified to read as follows: Chapter 8.62 -Skateboard Park Regulations 8.62.010 Definitions 8.62.020 Skateboard park regulations. 8.62.030 Signs. 8.62.010 Definitions. a) "Bicycle" means a vehicle with two wheels in tandem, propelled by pedals and having handlebars for steering and asaddle-like seat. b) "Roller skates" or "rollerblades" means a form of skate with skate wheels mounted to the bottom of each boot. c) "Skateboard" means a device for riding upon with an oblong rigid material mounted on four skate wheels. d) "Skateboard park" means a skateboard park owned or operated by the city of South San Francisco. e) "Scooter" means a vehicle that typically has one front and one rear wheel with a low footboard between, is steered by a handlebar, and is propelled by pushing one foot against the ground while resting the other on the footboard. f) "Unicycle" means aone-wheeled vehicle usually pedal-driven. 8.62.020 Skateboard park regulations. This section is intended to comply with Health and Safety Code section 115800 and adopts supplemental regulations for the safe use of city-owned and/or operated skateboard parks, facilities, or structures. The following regulations shall apply to all parks, facilities, and structures owned, operated, maintained, and/or provided by the city for use by skateboarders and inline or roller skaters. a) All persons riding a skateboard, roller skates, or rollerblades at any skateboard park shall wear a helmet, elbow pads on each elbow and knee pads on each knee. b) Any person riding a skateboard, roller skates, or rollerblades at any skateboard park not wearing a helmet, elbow pads on each elbow and knee pads on each knee shall be guilty of an infraction, and shall be subject to citation. c) It shall be unlawful for any person to use a bicycle, tricycle, unicycle, scooter, motorized vehicle including, but not limited to motorized bicycles and scooters, or any vehicle other than skateboards, roller skates, or rollerblades propelled by human power in the skateboard park. d) Use of alcoholic beverages and tobacco based products within the skate park is prohibited. e) Additional ramps, jumps, obstacles or other similar equipment or materials may not be brought into or used in any skateboard park. f) Use of any skateboard park is permitted only during park hours designated by the parks and recreation director. 8.62.030 Signs. Signs shall be posted at any skateboard park providing all persons using the park with reasonable notice that all users of the facility must wear a helmet, knee pads and elbow pads and further providing notice that any person failing to do so shall be subject to citation pursuant to section 1.25.030. SECTION 2. SEVERABILITY If any provision of this ordinance or the application thereof to any person or circumstance is held invalid or unconstitutional, the remainder of this ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this ordinance are severable. The City Council of the City of South San Francisco hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable. SECTION 3. PUBLICATION AND EFFECTIVE DATE This Ordinance shall. be published once, with the names of those City Councilmembers voting for or against it, in the San Mateo Times, a newspaper of general circulation in the City of South San Francisco, as required by law, and shall become effective thirty (30) days from and after its adoption. * * ~ Introduced at a regular meeting of the City Council of the City of South San Francisco, held the 14th day of October, 2009. Adopted as an Ordinance of the City of South Francisco at a regular meeting of the City Council held the 28th day of October, 2009 by the following vote: AYES: Councilmembers Pedro Gonzalez, Richard A. Garbarino, and Kevin Mullin, Vice Mayor Mark Addiego and Mayor Karma Matsumoto NOES: N ABSTAIN: None ABSENT: e ATTEST: Clerk As Mayor of the City of South San Francisco, I do hereby approve the foregoing Ordinance this 28th day of October, 2009. aryl Matsumoto, Mayor