HomeMy WebLinkAboutAgenda Report - December 15, 2004 I-07AGENDA ITEM 1W1
CITY OF LODI
COUNCIL COMMUNICATION
TM
AGENDA TITLE: Introduce Ordinance Amending Chapter 12.12 of the Lodi Municipal Code by
Repealing and Re-enacting §12.12.420, Relating To Skate Park Regulations
MEETING DATE: December 15, 2004 City Council Meeting
PREPARED BY: Janice D. Magdich, Deputy City Attorney
RECOMMENDED ACTION: That the City Council introduce Ordinance amending Chapter 12.12
of the Lodi Municipal Code by Repealing and Re-enacting
§12.12.420, Relating To Skate Park Regulations
BACKGROUND INFORMATION: Kofu Skate Park opened in August, 2002, and operated until
December, 2003, when the contract between Spohn Ranch, Inc. and the City of Lodi was terminated. At
the direction of the Council, Parks and Recreation has been working to reopen the park as an
unsupervised facility subject to obtaining liability insurance to which the City of Lodi would be endorsed.
A requirement for the issuance of insurance coverage is that all skate park participants sign a waiver and
release of liability form. To meet this requirement, the City Attorney's office has drafted, with the input
and concurrence of Parks and Recreation, a skate park registration and waiver policy and procedure,
along with a proposed registration and waiver and release of liability form. The proposals, copies of
which are attached, are subject to review and approval by the insurance carrier. The City Attorney's
office has written this ordinance to require that all skate park participants obtain a skate park identification
card pursuant to policies and procedures established by Parks and Recreation, as described. The
issuance of the identification card will be predicated on the participant having a signed waiver and
release of liability form on file with the City. In addition, the ordinance adds two restrictions regarding the
use of board wax and the presence of animals within the skate park.
FUNDING: Not Applicable
Janice D Magdich
I
ity Attorney
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF LODI AMENDING CHAPTER 12.12 OF THE LODI
MUNICIPAL CODE BY REPEALING AND REENACTING
SECTION 12.12.420, RELATING TO SKATE PARK
REGULATIONS
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LODI AS FOLLOWS:
SECTION 1. Chapter 12.12 - "Parks" - is hereby amended by repealing and
reenacting §12.12.420, relating skate park regulations to read as follows:
12.12.420 Skate Park Regulations.
The following regulations shall apply to the riding of skateboards, in-line skates, or roller
skates at, or any other use of, any facility or park owned or operated by the City of Lodi,
which has been designated a skate park:
A. Within the skate park, it shall be unlawful for any person to:
1) Ride, operate, or
use a skateboard roller skates, or in-line skates
unless that person maintains in his/her possession a valid skate
Park identification card issued pursuant to policies and procedures
established by the Parks and Recreation Department,
Q
Ride, operate, or use a skateboard, roller skates, r inline skates, .
----------------------------
Deleted: I
unless-
that person is wearing a helmet esignefor
skateboarding and/or in-line skating use with a chin strap, elbow
pads designed for skateboard and/or in-line skating use with
plastic elbow caps, and knee pads designed for skateboard
and/or in-line skating use with plastic knee caps, which equipment
shall be in good repair at all times during use;
Q
Ride, operate, utilize a skateboard, roller skates,_ or in-line skates _
--- _- ........
Deleted: a
unless such equipment is in good repair at all times during use;
........ ........ .........
O
Be on or use an individual apparatus within the skate park while _
Deleted: s
another person is using it;
---..--_......._.:
Q__
_ Place_or utilize additional obstacles or other materials (including ._
; Deleted.,
but not limited to raps orjumps) within the skate park;
.........
Use the skate park amenities when_ the surfaces of the amenities - y Deleted: s
are wet or other conditions exist which would adversely affect the
safety of skateboarders or skaters;
Q ____ Use_,_operate,_or_possess any_source of amplified music including __-- '\ Deleted:6
but not limited to stereo's, boom boxes, and amplifiers.
_-- ....
{8) Enter the skate__park__unless actively skateboarding or in-line Deleted:7
skating in accordance with these regulations;
(WUse, consume, or have within his or her custody or control, food ! Deleted: e
or beverages, within the skate park;
.........- _........
(10} Use, consume, or have within his or her custody or control, _ { De�ed:9
W cohol, tobacco products, or illegaid rugs within the skate park;
- ...............
(11) Enter upon the skate _park_while under the influence of alcahalic Deleted: 10
--------------
beverages or illegal drugs: - _....-
.. .. .. ............ .. .. .......... .. .. .. .. ....................... _ ..........
(IQ ----- Use or possess_ g_ lass_ containers, bottles, or other breakable glass -I Deleted: 11
products within the skate park;
(j_j) Use or..engage in profanity, reckless and boisterous behavior Deleted: 1z
includin but not limited to, tandem riding, -------------------- ----
(Including-, g, pushing, horseplay,
and bullying) or any activity which could endanger the safety of
persons using the skate park or spectators;
(IQ Engage in graffiti, tagging, or other defacing of City property or Deleted 13
_._.
the properties of others;
(1j Ride, operate, or utilize any device other than a skateboard, roller _ Deleted: 14
.
skates, or in-line skates (prohibited devices include, but are not
limited to, bicycles, motor vehicles, motorized skateboards, and
motorized skates) on the skate park;
...........................................................
(1IW___ No person shall enter or remain in or _upon the skate _park .- i Deleted: 15
premises: 1) while closed, as determined by the Parks and
Recreation Department, or 2) between the hours of 9:00 P.M. and
10:00 A.M.
(17) Use or have within his or her custody or control, board wax, within
the skate park.
(18) No person shall enter in or upon the skate park premises with any
animal.
B. The skate park shall be posted with signs at the following locations:
(1) At the entrance to the skate Park; and
(2) On the fences of the skate park, facing the interior of the skate
park, and in such places inside the park as determined by the
City. The signs shall not be less than 2 feet by 3 feet in size and
shall use black letters on a white background. The signs may, but
shall not be required to, summarize the regulations governing the
use of the skate facility. Each sign shall contain, in fetters not fess
than 1/2 inch in height, the following language:
WARNING
SKATEBOARDING AND IN-LINE SKATING ARE HAZARDOUS
RECREATION ACTVIITIES. USE OF THIS FACILITY MAY
RESULT IN SERIOUS INJURIES OR DEATH. THE CITY OF
LODI DOES NOT ASSUME ANY RESPONSIBILITY FOR
INJURIES OR DEATH. EACH PERSON ENTERING THE
FACILITY ASSUMES ALL RISK OF INJURY OR DEATH.
CALIFORNIA HEALTH AND SAFETY CODE §§115800 AND
115800.1.
A VALID CITY ISSUED SKATE PARI( IDENTIFICATION CARD
IS REQUIRED TO BE IN THE POSSESSION OF EACH
PERSON USING THIS FACILITY. ANY PERSON FAILING TO
COMPLY WITH THIS REQUIREMENT SHALL BE SUBJECT TO
CITATIONS AND PENALTIES PURSUANT TO LODI MUNICIPAL
CODE SECTION 1.08.010.
IT IS UNLAWFUL FOR ANY PERSON TO RIDE, OPERATE, OR
UTILIZE A SKATEBOARD OR IN-LINE SKATES UNLESS THE
PERSON IS WEARING A HELMET DESIGNED FOR
SKATEBOARD USE AND/OR IN-LINE SKATING WITH A CHIN
STRAP, ELBOW PADS DESIGNED FOR SKATEBOARD
AND/OR IN -LINES SKATING USE WITH PLASTIC ELBOW
CAPS AND KNEE PADS DESIGNED FOR SKATEBOARD
ANDIOR IN-LINE SKATING USE WITH PLASTIC KNEE CAPS,
WHICH EQUIPMENT SHALL BE IN GOOD REPAIR AT ALL
TIMES DURING USE. IT IS UNLAWFUL FOR ANY PERSON TO
RIDE, OPERATE, OR UTILIZE ANY DEVICE OTHER THAN
NON -MOTORIZED SKATE BOARDS AND NON -MOTORIZED
SKATES. IT IS UNLAWFUL FOR ANY PERSON TO PROVIDE
AMPLIFIED MUSIC WITHIN THE SKATE PARK. ANY PERSON
FAILING TO COMPLY WITH THIS SECTION SHALL BE
SUBJECT TO CITATIONS AND PENALTIES PURSUANT TO
LODI MUNICIPAL CODE SECTION 1.08.010.
SEPTION, 2. All ordinances and parts of ordinances in conflict herewith are repealed
insofar as such conflict may exist.
SEPTION 3. No Mandatory Duty of Care. This ordinance is not intended to and shall
not be construed or given effect in a manner which imposes upon the City, or any officer
or employee thereof, a mandatory duty of care toward persons or property within the
City or outside of the City so as to provide a basis of civil liability for damages, except as
otherwise imposed by law.
SECTION 4. Severability. If any provision of this ordinance or the application thereof
to any person or circumstances is held invalid, such invalidity shall not affect other
provisions or applications of the ordinance which can be given effect without the invalid
provision or application. To this end, the provisions of this ordinance are severable.
The City Council hereby declares that it would have adopted this ordinance irrespective
of the invalidity of any particular portion thereof.
SECTION 5. This ordinance shall be published one time in the "Lodi New"entinel," a
daily newspaper of general circulation printed and published in the City of Lodi and shall
be in force and take effect thirty days from and after its passage and approval.
Approved this day of , 2004
JOHN BECKMAN
Mayor
Attest:
SUSAN J. BLACKSTON __
----- --------------------- ------
City Clerk ---- --------- -----
State of California
County of San Joaquin, ss.
I, Susan J. Blackston, City Clerk of the City of Lodi, do hereby certify that
Ordinance No. was introduced at a regular meeting of the City Council of the City
of Lodi hold December 15, 2004, and was thereafter passed, adopted and ordered to
print at a regular meeting of said Council held , 2005, by the following
vote:
AYES:
COUNCIL MEMBERS —
NOES;
COUNCIL MEMBERS —
ABSENT:
COUNCIL MEMBERS —
ABSTAIN:
COUNCIL MEMBERS —
I further certify that Ordinance No. was approved and signed by the Mayor on the
date of its passage and the same has been published pursuant to law.
SUSAN J. BLACKSTON
City Clerk
Approved as to Form:
D. STEPHEN SCHWABAUER
City Attorney,
j Deleted:11
PROPOSED
Lodi Skate Park Registration and Waiver Policy and Procedure
A fully executed registration and waiver, approved by an employee of the City of Lodi
Parks and Recreation Department, is required to be on file with the City for all
skateboarders, roller -skaters, and in-line skaters, who use any facility or park owned or
operated by the City which has been designated as a skate park facility under the City's
Municipal Code.
Waivers for participants under eighteen years of age must be signed by the participant's
parent or legal guardian and witnessed by an employee of the City of Lodi Parks and
Recreation Department. Alternatively, waivers for participants under eighteen years of
age may be signed by the participant's parent or legal guardian before a notary public for
the State of California.
A proposed registration and waiver form is attached.
A waiver is not valid unless signed by an employee of the City of Lodi Parks and
Recreation Department acknowledging that the waiver has been reviewed and approved.
Approved waivers will be filed and retained by the City of Lodi Parks and Recreation
Department.
Waiver forms will be available at designated skate park facilities, at the City of Lodi
Parks and Recreation Department office and on the City's website.
Following approval of a participant's registration and waiver, as set forth above, an
identification number will be assigned and the participant will be issued a skate park
photo identification card by the City of Lodi Parks and Recreation Department. In
addition, participants will be given a copy of the City's Municipal Code provisions
pertaining to skate parks. The identification card will acknowledge that the participant is
approved to use the City's designated skate park facilities in conformance with the City
of Lodi's Municipal Code (LMC) and has read and understands LMC sections 12.12.4 10
—12.12.430. Participants will be required to have a valid skate park photo identification
card available for inspection on the request of City employees or law enforcement
officials whenever the participant uses the City's designated skate park facilities.
7:ICA/CITY/SkateParklRegistration&WaiverPolicy
PROPOSED ID No.
CITY OF LODI
Skate Park Registration And Waiver and Release of Liability Form
Participant's Name:
Address:
Telephone No.
Emergency Contact:
Date of Birth:
City, State, Zip Code:
Telephone No.
Waiver and Release of Liability
(Read Before Signing)
If participant is under i8, this waiver must also be signed by a parent or legal guardian.
In consideration for being allowed to use City of Lodi designated skate parks (as identified in the
Lodi Municipal Code) or participate in any activities or events at City designated skate parks, I
, the undersigned acknowledge, appreciate, and agree that:
1. The risk of injury from the activities involved in use of designated skate parks is significant,
including the potential for permanent paralysis and death, and while particular rules, equipment,
and personal discipline may reduce this risk, the risk of serious injury does exist; and
2. 1 KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF
ARISING FROM THE NEGLIGENCE OF THE RELEASEES (as defined in paragraph 4, below), or
others, and assume full responsibility for my participation at designated skate parks; and
3. 1 willingly agree to comply with the stated and customary terms and conditions for participation
in any activities or events at City designated skate parks. If however I observe any unusual
significant hazard during my presence or participation, I will remove myself from participation and
immediately bring such to the attention of the nearest official; and
4. I, for myself and behalf of my heirs, assigns, personal representatives and next of kin, HEREBY
RELEASE AND HOLD HARMLESS the City of Lodi, its officers, officials, agents and employees,
other skate park participants, sponsoring agencies, sponsors, advertisers, and if applicable, owners
and lessors of premises used to conduct skate park activities or events ('Releasees"), WITH
RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, or loss or damage to person or
property, WHETHER ARISING FROM THE NEGLIGENCE OF RELEASEES OR OTHERWISE.
I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, AND
LODI MUNICIPAL CODE SECTIONS 12.12.410 — 12.12.430, FULLY UNDERSTAND THEIR
TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING THIS
AGREEMENT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
Signature Age Date Signed:
Page - 1 - of 2
PROPOSED
FOR PARTICIPANT'S OF MINORITY AGg
(UNDER AGE 18 AT THE TIME OF REGISTRATION)
ID No.
This is to certify that I, , as parent or guardian with legal responsibility
for the above-named participant, , do consent and agree to
his/her release as provided herein of all of the Releasees (as defined in paragraph 4, herein), and
for myself, my heirs, assigns, and next of kin, I release and agree to indemnify and hold harmless
the Releasees from any and all liabilities incident to participant's use of designated skate parks (as
identified in the Lodi Municipal Code) or involvement or participation in any activities or events at
City designated skate parks, as provided herein, EVEN IF ARISING FROM THE NEGLIGENCE OF
THE RELEASEES, to the fullest extent permitted by law.
Signature Date Signed:
Emergency Telephone No.
Acknowled ment of Witness
This Waiver and Release of Liability Form, For Participants of Minority Age, was signed before the
undersigned employee for the City of Lodi on this day of , 20 -
Signature
Name and City Title
Notorial Acknowledament
(Signatures Must Be Notarized Unless Witnessed by a Designated City Parks and Recreation
Department Employee)
STATE OF CALIFORNIA
COUNTY OF SAN JOAQUIN
Subsribed and sworn to (or affirmed) before me on this day of , 20^, by
, personally known to me or proved to me on the basis of
satisfactory evidence to be the person(s) who appeared before me.
(seal)
Signature
The Forogoing Waiver and Release of Liability Form has been reviewed and approved.
Staff Signature Date
Page -2 -oft
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF LODI AMENDING CHAPTER 12.12 OF THE LODI
MUNICIPAL CODE BY REPEALING AND REENACTING
SECTION 12.12.420, RELATING TO SKATE PARK
REGULATIONS
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LODI AS FOLLOWS:
SECTION 1. Chapter 12.12 — "Parks" - is hereby amended by repealing and
reenacting §12.12.420, relating skate park regulations to read as follows:
12.12.420 Skate Park Regulations.
The following regulations shall apply to the riding of skateboards, in-line skates, or roller
skates at, or any other use of, any facility or park owned or operated by the City of Lodi,
which has been designated a skate park:
A. Within the skate park, it shall be unlawful for any person to:
(1) Ride, operate, or use a skateboard, roller skates, or in-line skates
unless that person maintains in his/her possession a valid skate
park identification card issued pursuant to policies and procedures
established by the Parks and Recreation Department.
(2) Ride, operate, or use a skateboard, roller skates, or in-line skates,
unless that person is wearing a helmet designed for
skateboarding and/or in-line skating use with a chin strap, elbow
pads designed for skateboard and/or in-line skating use with
plastic elbow caps, and knee pads designed for skateboard
and/or in-line skating use with plastic knee caps, which equipment
shall be in good repair at all times during use;
(3) Ride, operate, utilize a skateboard, roller skates, or in-line skates
unless such equipment is in good repair at all times during use;
(4) Be on or use an individual apparatus within the skate park while
another person is using it;
(5) Place or utilize additional obstacles or other materials (including
but not limited to ramps or jumps) within the skate park;
(6) Use the skate park amenities when the surfaces of the amenities
are wet or other conditions exist which would adversely affect the
safety of skateboarders or skaters;
(7) Use, operate, or possess any source of amplified music including
but not limited to stereo's, boom boxes, and amplifiers.
(8)
Enter the skate park unless actively skateboarding or in-line
skating in accordance with these regulations;
(9)
Use, consume, or have within his or her custody or control, food
or beverages, within the skate park;
(10)
Use, consume, or have within his or her custody or control,
alcohol, tobacco products, or illegal drugs within the skate park;
(11)
Enter upon the skate park while under the influence of alcoholic
beverages or illegal drugs;
(12)
Use or possess glass containers, bottles, or other breakable glass
products within the skate park;
(13)
Use or engage in profanity, reckless and boisterous behavior
(including, but not limited to, tandem riding, pushing, horseplay,
and bullying) or any activity which could endanger the safety of
persons using the skate park or spectators;
(14)
Engage in graffiti, tagging, or other defacing of City property or
the properties of others;
(15)
Ride, operate, or utilize any device other than a skateboard, roller
skates, or in-line skates (prohibited devices include, but are not
limited to, bicycles, motor vehicles, motorized skateboards, and
motorized skates) on the skate park;
(16)
No person shall enter or remain in or upon the skate park
premises: 1) while closed, as determined by the Parks and
Recreation Department, or 2) between the hours of 9:00 P.M. and
10:00 A.M.
(17)
Use or have within his or her custody or control, board wax, within
the skate park.
(18)
No person shall enter in or upon the skate park premises with any
animal.
B. The skate park shall be posted with signs at the following locations:
(1)
At the entrance to the skate Park; and
(2)
On the fences of the skate park, facing the interior of the skate
park, and in such places inside the park as determined by the
City. The signs shall not be less than 2 feet by 3 feet in size and
shall use black letters on a white background. The signs may, but
shall not be required to, summarize the regulations governing the
2
use of the skate facility. Each sign shall contain, in letters not less
than 1/2 inch in height, the following language:
WARNING
SKATEBOARDING AND IN-LINE SKATING ARE HAZARDOUS
RECREATION ACTVIITIES. USE OF THIS FACILITY MAY
RESULT IN SERIOUS INJURIES OR DEATH. THE CITY OF
LODI DOES NOT ASSUME ANY RESPONSIBILITY FOR
INJURIES OR DEATH. EACH PERSON ENTERING THE
FACILITY ASSUMES ALL RISK OF INJURY OR DEATH.
CALIFORNIA HEALTH AND SAFETY CODE §§115800 AND
115800.1.
A VALID CITY ISSUED SKATE PARK IDENTIFICATION CARD
IS REQUIRED TO BE IN THE POSSESSION OF EACH
PERSON USING THIS FACILITY. ANY PERSON FAILING TO
COMPLY WITH THIS REQUIREMENT SHALL BE SUBJECT TO
CITATIONS AND PENALTIES PURSUANT TO LODI MUNICIPAL
CODE SECTION 1.08.010.
IT IS UNLAWFUL FOR ANY PERSON TO RIDE, OPERATE, OR
UTILIZE A SKATEBOARD OR IN-LINE SKATES UNLESS THE
PERSON IS WEARING A HELMET DESIGNED FOR
SKATEBOARD USE AND/OR IN-LINE SKATING WITH A CHIN
STRAP, ELBOW PADS DESIGNED FOR SKATEBOARD
AND/OR IN -LINES SKATING USE WITH PLASTIC ELBOW
CAPS AND KNEE PADS DESIGNED FOR SKATEBOARD
AND/OR IN-LINE SKATING USE WITH PLASTIC KNEE CAPS,
WHICH EQUIPMENT SHALL BE IN GOOD REPAIR AT ALL
TIMES DURING USE. IT IS UNLAWFUL FOR ANY PERSON TO
RIDE, OPERATE, OR UTILIZE ANY DEVICE OTHER THAN
NON -MOTORIZED SKATE BOARDS AND NON -MOTORIZED
SKATES. IT IS UNLAWFUL FOR ANY PERSON TO PROVIDE
AMPLIFIED MUSIC WITHIN THE SKATE PARK. ANY PERSON
FAILING TO COMPLY WITH THIS SECTION SHALL BE
SUBJECT TO CITATIONS AND PENALTIES PURSUANT TO
LODI MUNICIPAL CODE SECTION 1.08.010.
SECTION 2. All ordinances and parts of ordinances in conflict herewith are repealed
insofar as such conflict may exist.
SECTION 3. No Mandatory Duty of Care. This ordinance is not intended to and shall
not be construed or given effect in a manner which imposes upon the City, or any officer
or employee thereof, a mandatory duty of care toward persons or property within the
City or outside of the City so as to provide a basis of civil liability for damages, except as
otherwise imposed by law.
SECTION 4. Severability. If any provision of this ordinance or the application thereof
to any person or circumstances is held invalid, such invalidity shall not affect other
provisions or applications of the ordinance which can be given effect without the invalid
provision or application. To this end, the provisions of this ordinance are severable.
The City Council hereby declares that it would have adopted this ordinance irrespective
of the invalidity of any particular portion thereof.
SECTION 5. This ordinance shall be published onetime in the Lodi News -Sentinel," a
daily newspaper of general circulation printed and published in the City of Lodi and shall
be in force and take effect thirty days from and after its passage and approval.
Approved this day of , 2004
JOHN BECKMAN
Mayor
Attest:
SUSAN J. BLACKSTON
City Clerk
State of California
County of San Joaquin, ss.
I, Susan J. Blackston, City Clerk of the City of Lodi, do hereby certify that
Ordinance No. was introduced at a regular meeting of the City Council of the City
of Lodi held December 15, 2004, and was thereafter passed, adopted and ordered to
print at a regular meeting of said Council held , 2005, by the following vote:
AYES:
COUNCIL MEMBERS —
NOES;
COUNCIL MEMBERS —
ABSENT:
COUNCIL MEMBERS —
ABSTAIN:
COUNCIL MEMBERS —
I further certify that Ordinance No. was approved and signed by the Mayor on the
date of its passage and the same has been published pursuant to law.
Approved as to Form:
D. P HWAB
City Attorney
4
SUSAN J. BLACKSTON
City Clerk