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Home My WebLink AboutAgenda Report - August 1, 2012 J-01AGENDA ITEM J-01 &% CITY OF LODI ,. COUNCIL COMMUNICATION im AGENDA TITLE: Ordinance No. 1860 Entitled, "An Ordinance of the City Council of the City of Lodi Amending Lodi Municipal Code Chapter 12.12 — Parks — by Repealing and Reenacting Article V, `Skate Parks,' in Its Entirety" MEETING DATE: August 1,2012 PREPARED BY: City Clerk RECOMMENDED ACTION: Motion waiving reading in full and (following reading by title) adopting the attached Ordinance No. 1860. BACKGROUND INFORMATION: Ordinance No. 1860 entitled, "An Ordinance of the City Council of the City of Lodi Amending Lodi Municipal Code Chapter 12.12 — Parks— by Repealing and Reenacting Article V, `Skate Parks,' in Its Entirety," was introduced at the regular City Council meeting of June 20, 2012. ADOPTION: With the exception of urgency ordinances, no ordinance may be passed within five days of its introduction. Two readings are therefore required — one to introduce and a second to adopt the ordinance. Ordinances may only be passed at a regular meeting or at an adjourned regular meeting; except for urgency ordinances, ordinances may not be passed at a special meeting. Id. All ordinances must be read in full either at the time of introduction or at the time of passage, unless a regular motion waiving further reading is adopted by a majority of all council persons present. Cal. Gov' Code § 36934. Ordinances take effect 30 days after their final passage. Cal. Gov fCode § 36937. This ordinance has been approved as to form by the City Attorney. FISCAL IMPACT: FUNDING AVAILABLE: RJ/jmr Attachment None. APPROVED: Bartlam, City Manager N:\Administration\CLERK\Council\COUNCOM\Ordinancel.DOC C]VQ10/_10[y:i0Lem R11,111 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LODI AMENDING LODI MUNICIPAL CODE CHAPTER 12.12 — PARKS — BY REPEALING AND REENACTING ARTICLE 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 reenacting Article V, "Skate Parks," in its entirety and shall read as follows: 12.12.410 Skateboarding, Roller-skating, and Bicycling prohibited in Certain Areas; Skate Park Regulations. A. Skateboarding, roller-skating, in-line skating, bicycling, 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. The following regulations shall apply to the riding of skateboards, in-line skates, roller 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: (1) Ride, operate, or use a skateboard, roller skates, in-line skates or bicycle unless that person is wearing a helmet designed for skateboarding, roller-skating, in-line skating, and/or bicycle use with a chin strap, elbow pads designed for skateboarding, roller- skating, in-line skating and/or bicycle 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; (2) Ride, operate, utilize a bicycle, skateboard, roller skates, or in-line skates unless such equipment is in good repair at all times during use; (3) Be on or use an individual apparatus within the skate park while another person is using it; (4) Place or utilize additional obstacles or other materials (including but not limited to ramps or jumps) within the skate park; (5) Use the skate park amenities when the surfaces of the amenities are wet or other conditions exist which would adversely affect the safety of bikers, skateboarders, or skaters; (6) Use, operate, or possess any source of amplified music including but not limited to stereo's, boom boxes, and amplifiers; (7) Enterthe concreted portion of skate park unless actively bicycling, skateboarding, or in-line skating in accordance with these regulations; (g) Use, consume, or have within his or her custody or control food, beverages, or tobacco within the concreted portion of the skate park; (9) Use, consume, or have within his or her custody or control alcohol or illegal drugs within the skate park; (10) Enter the skate park while under the influence of alcoholic beverages or illegal drugs; (11) Use or possess glass containers, bottles, or other breakable glass products within the skate park; (12) 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; (13) Engage in graffiti, tagging, or other defacing of City property or the properties of others; (14) Ride, operate, or utilize any device other than a bicycle, skateboard, roller skates, or in-line skates (prohibited devices include, but are not limited to, motor vehicles, motorized skateboards, and motorized skates) within the skate park; (15) 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:OOP.M. and 10:00 A.M.; (16) Use or have within his or her custody or control, board wax, within the skate park; and (17) No person shall enter the skate park 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 letters not less than 1/2 inch in height, the following language: 2 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 FACILITYASSUMES ALL RISK OF INJURY OR DEATH. CALIFORNIA HEALTHAND SAFETY CODE §115800. 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 S 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 S UNLAWFUL FOR ANY PERSON TO SMOKE, 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. 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. 3 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 30 days from and after its passage and approval. Approved this 1St day of August, 2012 J L-AOANNE MOUNCE Mayor Atte RAN L 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. 1860 was introduced at a regular meeting of the City Council cf 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 August 1, 2012, by the following vote: AYES: COUNCIL MEMBERS — Hansen, Johnson, Katzakian, Nakanishi, and Mayor Mounce NOES; COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None further certify that Ordinance No. 1860 was approved and signed by the Mayor on the date of its passage and the same has been pub ' d pursuant to law. ZL 4 City Clerk