Ordinance - 2087ORDINANCE NO. 2087
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, AMENDING CHAPTER 16 OF THE WEST
COVINA MUNICIPAL CODE RELATING TO PARKS AND
RECREATION BY ADDING ARTICLE III ESTABLISHING
• REGULATIONS FOR THE SAFE USE OF SKATE PARK FACILITIES
OWNED AND OPERATED BY THE CITY OF WEST COVINA
WHEREAS, the City's Skate Park is scheduled to open on September 6, 2002; and
WHEREAS, certain regulations need to be adopted by ordinance in order to
restrict the City's potential liability for use of the Skate Park; and
WHEREAS, California Health and Safety Code Section 115800 allows local public
agencies owning or operating a skate park facility to adopt an ordinance requiring any persons
using the facility to wear a helmet, elbow pads, and knee pads and to post signs at the facility
giving reasonable notice of these requirements; and
WHEREAS, the City of West Covina intends to regulate the use of its Skate Park facility,
in order to insure its proper use.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The City Council hereby adds Article III of Chapter 16 of the West
Covina Municipal Code to read as follows:
ARTICLE III. PUBLIC SKATE PARKS
Sec. 16-40. Statement of purpose.
The purpose of this section is to establish a comprehensive set of rules and regulations for
the use of the Skate Park facility in the City of West Covina. This section shall apply to the use
and operation of skateboards, in -line skates, and common roller skates in the City's owned and
operated Skate Park facility.
Sec.16-42. Definitions
For the purpose of carrying out the intent of this Article, words, phrases, and terms used
herein shall have their ordinary meaning, unless otherwise indicated as follows:
(a) "Skate Park" shall mean the public facility that is designed for, and maintained by
the City of West Covina for the purpose skateboarding, in -line skating and roller
skating permitted pursuant to the provisions of this section.
(b) "Skateboard" shall mean all wheeled objects, coasters, toys, conveyances, or
similar devices used for transportation or sport which are propelled by human
power and which are not classified as bicycles or two wheel scooters.
(c) "Common Roller Skate" shall mean a shoe, boot, or an apparatus worn on a shoe
or boot with wheels attached to such shoe, boot, or apparatus.
• (d) "In -Line Skate" including roller blades shall mean a common roller skate with
wheels attached thereto in a manner so that all wheels are aligned on a single line,
and foot propelled without a steering apparatus.
(e) "Scooter" shall mean a plank or board, whether made of wood, plastic, metal, or
any other material, with wheels and steering apparatus attached and is foot
propelled or motorized.
Ordinance No. 2087
Page 2
Sec. 16-44. Hours of operation.
A Skate Park facility shall be open from dawn until 10:00 p.m. daily, or as otherwise
posted by the Director of Community Services. It shall be unlawful for any person to use or
remain in the facility in violation of this section without written consent of the Department of
Community Services.
isSec. 16-46. Prohibited conduct.
With respect to any City of West Covina Skate Park facility, it shall be unlawful for any
person to do any of the acts hereinafter specified:
(a) No person shall skate or skateboard at times other than those established by the
Community Services Director and/or his/her designee.
(b) No person shall use a Skate Park facility for uses other than skateboarding and
skating;
(c) No person shall use or enter the fenced area of a Skate Park facility unless they
wear proper safety equipment including a helmet, elbow pads, and knee pads. All
such safety equipment must be functional and protective, properly sized and
designed for its intended use at the Skate Park;
(d) No person shall ride or use any items other than roller skates, in -line skates, or
skateboards, including but not limited to, bicycles, unicycles, scooters, go-carts,
and wagons, on the skating surface of a Skate Park facility;
(e) No person shall possess or use alcohol or drugs in the Skate Park;
(f) No person(s) shall litter in a Skate Park facility. All persons using a Skate Park
facility must place any trash they create at or bring to a Skate Park in refuse
containers provided by the City. If no refuse container is provided by the City,
each person shall be responsible for removing and disposing of such items in an
appropriate manner;
(g) No person shall cause graffiti or tagging at the Skate Park facility;
(h) No person shall ride any skateboard or skates in a Skate Park facility in a reckless
manner or with willful disregard for the safety of persons or property, or cause
such items to be ridden in such a manner;
(i) No person shall skate on the curbs, sidewalk, fences, railings and/or driveway of a
City owned area surrounding a Skate Park;
0) No glass containers may be used in a Skate Park facility;
(k) No additional obstacles may be placed in a Skate Park facility;
(1) A Skate Park facility shall not be used if a hazardous condition exists, including
but not limited to inclement weather conditions and significant cracks, breaks or
other irregularities in the skating surface of a Skate Park;
(m) All organized events shall have written approval from the Director of Community
Services Department and/or his/her designee; and
• (n) No animals are allowed in a City of West Covina Skate Park.
Sec. 16-48. Protective gear; regulations.
It is unlawful for a person to ride or use a skateboard, or in -line skate in a Skate Park
unless a person is wearing a helmet, elbow pads and knee pads.
Ordinance No. 2087
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See. 16-50. Signage and posting requirements
In order to provide reasonable notice to the public, the Director of Community Service
and/or his/her designee shall place and post signs in one or more conspicuous and visible area(s)
of a Skate Park, that specify the rules and regulations established pursuant to this Article Ill, and
the activities described as prohibited in this Article. The signs required pursuant to this section
shall cite the respective West Covina Municipal Code section being invoked.
See. 16-52. Violation and penalties.
Violations of this provision is an infraction punishable by:
(a) A fine not exceeding fifty dollars ($50) for the first violation;
(b) A fine not exceeding one hundred dollars ($100) for the second violation of the
same ordinance within one (1) year of a first violation;
(c) A fine not exceeding one hundred and seventy-five dollars ($175) for each
additional violation of the same ordinance within one (1) year of a first violation;
(d) Any violation of the provisions of this Article III shall be deemed to be an
infraction and punishable as such, notwithstanding the fact that at the discretion of
the City Council, the violation may be filed as a misdemeanor;
(e) Repeat violators of the Skate Park rules may be prohibited form using the facility;
and
(f) Violations of any provisions of this Section shall constitute a nuisance and may be
abated by the City through civil process by means of restraining order,
preliminary or permanent injunction or in any other manner provided by law for
the abatement of such nuisances."
SECTION 2: This ordinance shall be posted in accordance with provisions of the
Municipal Code and shall be effective 30 days from and after the date of passage.
SECTION 3: The City Clerk shall certify to the adoption of the ordinance and shall
cause the same to be published as required by law.
ATTEST:
City Clerk Janet Berry
APPROVED AND ADOPTED this 6"' day of August 2002.
Mayol Michael Touhey
Ordinance No. 2087
Page 4
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I, JANET BERRY, CITY CLERK of the City of West Covina, California, do hereby certify that
the foregoing Ordinance No. 2087 was regularly introduced and placed upon its first
reading at a regular meeting of the City Council on the 16t" day of July, 2002. That thereafter
said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 6°i
day of August, 2002, by the following vote:
AYES:
Councilmembers:
NOES:
Councilmembers:
ABSENT:
Councilmembers:
APPROVED AS TO FORM:
Herfert, Miller, Sanderson, Wong, Touhey
None
None
City Attorney Ar Id Alvarez-Glasman
City Clerk Janet Berry