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Home My WebLink AboutAgenda Report - June 20, 2012 I-01AGENDA ITEM ., \ CITY OF LODI COUNCIL COMMUNICATION 7M AGENDA TITLE: Introduce Ordinance Amending Chapter 12.12 - Parks of the Lodi Municipal Code by Repealing and Re-enacting Article V "Skate Parks" in its entirety MEETING DATE: June 20,2012 City Council Meeting PREPARED BY: Janice D. Magdich, Deputy City Attorney RECOMMENDED ACTION: Introduce Ordinance amending Chapter 12.12 — Parks - of the Lodi Municipal Code by Repealing and Re-enacting Article V "Skate Parks" in its entirety. BACKGROUND INFORMATION: Parks staff requested the City Attorney's office to revise the Skate Park Ordinance to eliminate the cumbersome I.D. card requirement, expand available uses to include bikes and prohibit smoking and alcohol. Draft revisions to achieve those requests are attached for your review. FISCAL IMPACT: None. FUNDING AVAILABLE: None Required. APPROVED: --�M• - City Attorney Bardam, Cify Manager ORDINANCE NO._ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LODI AMENDING LODI MUNICIPAL CODE CHAPTER 12.12,— PARKS — BY REPEALING AND REENACTING,4RTICLE V "SKATE PARKS' IN ITS ENTIRETY ----------------------------------------------------- ----------------------------------------------------- BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LODI AS FOLLOWS: SECTION 1. Lodi Municipal Code Chapter 12.12 — 'Parks" - is hereby amended by repealing and reenactingr4rticle V "Skate Parks" in its entirety and shall_read as follows: 12.12.410 Skateboarding, Rollerskating, and Bicycling prohibited in Certain Areas; Skate Park Regulations: A. Skateboardina. rollerskatina. in-line skatina. bicvclina and similar activities are prohibited in City Parks and recreational facilities unless specifically authorized in areas designed by this article and as further designated by resolution of the City Council. The City of Lodi designates and maintains as a skate park facility, that area located within Kofu Park at 1145 South Ham Lane at Cardinal Street. The boundaries of the skate facility shall be defined by a fence and the signs required by this Article. 12.12.420 Skate Park Regulations. Deleted: 1754 Deleted: OF ¶ THE LODI MUNICIPAL CODE Deleted: SECTION 12.12.420, RELATING TO SKATE PARK REGULATIONS Deleted: §12.12.420, Deleted: relating skate park regulations to The following regulations shall apply to the riding of skateboards, in-line skates, roller Deleted: or skates or bicycles 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: L_ Ride, operate, or use a skateboard, roller skatesjn-line skate or bicycle unless that person is wearing a helmet designed for skateboarding, roller-skating—amine skating, and/or bicvcle use �\ with a chin strap, elbow pads designed for skateboarding, roller- skating, jn-line skatingand/or bicycle use with plastic elbow caps, and knee pads designed for bicycle, skateboard and/or in -lines \ skating use with plastic knee caps, which equipment shall be in \ good repair at all times during use; (2j Ride, operate, utilize a bicycle, skateboard, roller skates, or in-line skates unless such equipment is in good repair at all times during use; Deleted: 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. Deleted: 2 Deleted: or Deleted: , Deleted: and/or Deleted: and/or Deleted: 3 Qj Be on or use an individual apparatus within the skatepark while Deleted: a another person is using it; 10) Enter the skate park while under the influence of alcoholic Deleted: 11 beverages or illegal drugs Deleted: upon (L1 Use or possess lass containers, bottles, or other breakableg lass Deleted: 12 products within the skate park; 1L2) Use or engage in grofant, reckless and boisterous behavior Deleted:lS (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; 13) Enga e in�raffiti, tagging, or other defacingof Cty pro or the Deleted: 14 properties of others; ( 4) Ride, operate, or utilize any device other than a bicycle, Deleted: 15 skateboard, roller skates, or in-line skates (prohibited devices include, but are not limited to, motor vehicles, motorized Deleted: bicycles, skateboards, and motorized skates), within the skate park; Deleted: on 15) No person shall enter or remain in or upon the skate park Deleted: 16 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. 1(L66) Use or have within his or her custody or control, board wax, within Deleted: 17 the skate park. Deleted: 18 17) No person shall enterlhe skate park with any animal. Deleted: in or upon Deleted: premises 2 Place or utilize additional obstacles or other materials (including Deleted:5 but not limited to ramps or jumps) within the skate park; (5J Use the skate Vark amenities when the surfaces of the amenities Deleted: 6 are wet or other conditions exist which would adversely affect the safety of bikers, skateboarders or skaters; & Use, operate, or ossess any source of amplified music including Deleted: ? but not limited to stereo's, boom boxes, and amplifiers. a Enter the concreted portion of skate park unless actives bicycling, Deleted: 8 skateboarding or in-line skating in accordance with these regulations; Use, consume, or have within his or her custody or control, food or Deleted: 9 beverages, or tobacco within the concreted portion of the skate park; Use, consume, or have within his or her custody or control, Deleted: l0 alcohol, pr illegal drugs within the skate park; Deleted: tobacco products, 10) Enter the skate park while under the influence of alcoholic Deleted: 11 beverages or illegal drugs Deleted: upon (L1 Use or possess lass containers, bottles, or other breakableg lass Deleted: 12 products within the skate park; 1L2) Use or engage in grofant, reckless and boisterous behavior Deleted:lS (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; 13) Enga e in�raffiti, tagging, or other defacingof Cty pro or the Deleted: 14 properties of others; ( 4) Ride, operate, or utilize any device other than a bicycle, Deleted: 15 skateboard, roller skates, or in-line skates (prohibited devices include, but are not limited to, motor vehicles, motorized Deleted: bicycles, skateboards, and motorized skates), within the skate park; Deleted: on 15) No person shall enter or remain in or upon the skate park Deleted: 16 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. 1(L66) Use or have within his or her custody or control, board wax, within Deleted: 17 the skate park. Deleted: 18 17) No person shall enterlhe skate park with any animal. Deleted: in or upon Deleted: premises 2 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 letters not less than Y inch in height, the following language: WARNING BICYCLING, 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 CODEZ11580( ._ IT IS UNLAWFUL FOR ANY PERSON TO RIDE, OPERATE, OR UTILIZE A BICYCLE, SKATEBOARD OR IN-LINE SKATES UNLESS THE PERSON IS WEARING A HELMET DESIGNED FOR BICYCLE, SKATEBOARD AND/OR IN-LINE SKATING WITH A CHIN STRAP, ELBOW PADS DESIGNED FOR BICYCLE, SKATEBOARD AND/OR IN -LINES SKATING USE WITH PLASTIC ELBOW CAPS AND KNEE PADS DESIGNED FOR BICYCLE, 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 BICYCLES, NON - MOTORIZED SKATE BOARDS AND NON -MOTORIZED SKATES. IT IS UNLAWFUL FOR ANY PERSON TO S MOKE CONSUME ALCOHOLIC BEVERAGES, OR PLAY 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. 12.12.430 Violations. Every act prohibited or declared unlawful and every failure to perform an act made mandatory by this chapter shall be prosecuted as a misdemeanor for violations of subsections (A) (9) through (10), (A) (13) and A (14) of Section 12.12.420. All other violations shall be prosecuted as an infraction as provided in Section 1.08.010 of this Code. Deleted: § Deleted: AND 115800.1 Deleted: 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.¶ Deleted: USE Deleted: PROVIDE 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 one time 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 , 2012 JOANNE MOUNCE Mayor Attest: RANDIJOHL City Clerk ---------------------------------------------------------------- ---------------------------------------------------------------- State of California County of San Joaquin, ss. I, Randi Johl, 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 June 20, 2012, and was thereafter passed, adopted and ordered to print at a regular meeting of said Council held , 2012, 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. 4 Deleted: ¶ 4 RANDIJOHL City Clerk Approved as to Form: D. STEPHEN SCHWABAUER City Attorney