§ 5-504. SKATEBOARD PARK REGULATIONS.

This section is intended to comply with Section 115800 of the Health and Safety Code and to adopt supplemental regulations for the safe use of city-owned and/or operated skateboard parks, facilities, or structures. The following requirements shall apply to all parks, facilities, and structures owned, operated, maintained, and/or provided by the city for the use of skateboarders and inline skaters:

(a)

Safety Equipment. No person shall use a city skateboard park, facility or structure without wearing elbow pads, knee pads, wrist pads and a helmet that meets the standards of either the American Society for Testing and Materials (ASTM) or the United States Consumer Product Safety Commission (CPSC) or standards established by these entities subsequent to the adoption of this section.

(b)

Skateboards and Inline Skates. No person shall be in or on the skateboard park, facility, or structure except those who are using skateboards or inline skates to practice skateboarding or inline skating.

(c)

Food and Beverages. No person shall cause any food or beverage or food or beverage container to enter or be on a skateboard park, facility, or structure.

(d)

Hours of Operation. No person shall use, enter, or be on a skateboard park, facility, or structure outside of the hours of operation posted on the skateboard park, facility, or structure.

(e)

Occupancy. No person shall use, enter, be on or remain on a skateboard park, facility, or structure after the Director has notified them that they need to leave the skateboard park, facility or structure on the basis of an unsafe occupancy of the skateboard park, facility or structure.

(f)

Ingress and Egress. No person shall enter or exit a skateboard park, facility, or structure by any means other than by walking through a gate, turnstile, door, or other means provided and intended by the city for ingress or egress into the skateboard park or facility.

(g)

Rules and Regulations. No person at, in or on any skateboard park, facility or structure shall violate any rule or regulation developed and adopted by the Director and posted on signs at the skateboard park or facility or any other applicable regulation provided in this article.

(h)

Fines and Penalties. Notwithstanding any contrary provisions in this article, any person violating subsections (a) through (f) is subject to an administrative fine of fifty dollars ($50) for the first violation, one-hundred dollars ($100) for the second violation, and two-hundred dollars ($200) for the third and all subsequent violations. Alternatively, violations of this section may be prosecuted by the City Attorney's Office as an infraction, with a maximum penalty of fifty dollars ($50) for the first violation, one-hundred dollars ($100) for the second violation, and two-hundred ($200) dollars for the third and all subsequent violations. In addition to an administrative fine of two-hundred dollars ($200) for a third or subsequent violation, the Director may determine that a violator has forfeited to the city his or her skateboard, inline skates, bicycle, and/or scooter and the Director may permanently bar the violator from using any or all of the city's skateboard parks, facilities, or structures.

(i)

Parent and Guardian Responsibility. The parent or legal guardian having control or custody of an un-emancipated minor whose conduct violates this section shall be jointly and severally liable with the minor for the amount of an administrative fine imposed pursuant to this section.

(j)

Appeals. Fines and penalties issued under this section shall be appealable to the City Administrative Hearing Officer under Chapter 1, Article 4 of this Code. Fines issued under this section are collectible under the procedures found in Chapter 1, Article 5 for collection of penalties, notwithstanding contrary provisions found therein.

(k)

Seizure of Equipment. For purposes of administering this section, the Director may seize and hold a violators skateboard, inline skates, bicycle, or scooter at the time of issuing an administrative citation until an administrative hearing is held in front of the City Administrative Hearing Officer. Any time a violator's property is seized pursuant to this subsection, the Director shall provide the violator with a receipt and notice of a time and location for an automatic hearing in front of the City Administrative Hearing Officer no later than ten days from seizing the violator's property.

(l)

Forfeited Equipment. After a hearing wherein the City Administrative Hearing Officer confirms the forfeiture, the Director shall deliver any skateboards, bicycles, inline skates, scooters forfeited to a non-profit charitable organization that serves youths or provides youth-activity programs.

(m)

Postings. The city shall post signs at all skateboard parks, facilities and structures providing reasonable notice of the provisions of this section and the penalty for violations.

(Added Ord. 2003-20, § 3, eff. 4-1-03; Am. Ord. 2007-96, § 4, eff. 1-19-08).