HomeMy WebLinkAboutAgenda Report - March 6, 2013 J-01AGENDA ITEM J-01
CITY OF LODI
COUNCIL COMMUNICATION
• TM
AGENDA TITLE: Ordinance No. 1871 Entitled, "An Ordinance of the Lodi City Council Amending
Chapter 12.12 — Parks — by Repealing and Reenacting Section 12.12.420, 'Skate
Park Regulations,' in Its Entirety"
MEETING DATE:
PREPARED BY:
March 6, 2013
City Clerk
RECOMMENDED ACTION: Motion waiving reading in full and (following reading by title)
adopting the attached Ordinance No. 1871.
BACKGROUND INFORMATION: Ordinance No. 1871 entitled, "An Ordinance of the Lodi City Council
Amending Chapter 12.12 — Parks — by Repealing and Reenacting
Section 12.12.420, `Skate Park Regulations,' in Its Entirety," was
introduced at the regular City Council meeting of February 20, 2013.
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't Code § 36934.
Ordinances take effect 30 days after their final passage. Cal. Gov't Code § 36937.
This ordinance has been approved as to form by the City Attorney.
FISCAL IMPACT: None.
FUNDING AVAILABLE: None required.
Randi Johl
City Clerk
RJ/jmr
Attachment
APPROVED:
`konradt Bartlam, City Manager
N:\Administration\CLERK\Council\COUNCOM\Ordinancel. DOC
ORDINANCE NO. 1871
AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING CHAPTER
12.12 — PARKS — BY REPEALING AND REENACTING SECTION
12.12.420, "SKATE PARK REGULATIONS," IN ITS ENTIRETY
BE IT ORDAINED BY THE LODI CITY COUNCIL AS FOLLOWS:
SECTION 1. Lodi Municipal Code Section 12.12.420, "Skate Park Regulations," is hereby
repealed and reenacted to read as follows:
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 stereos, boom boxes, and amplifiers;
(7) Enter the concreted portion of skate park unless actively bicycling,
skateboarding, or in-line skating in accordance with these regulations;
(8) 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 9:00 p.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.
(18) No person under the age of twelve shall enter the skate park without being
accompanied by a parent or guardian.
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'/2 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 CODE § 115800.
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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
SMOKE, CONSUME ALCOHOLIC BEVERAGES, OR PLAY
AMPLIFIED MUSIC WITHIN THE SKATE PARK. USERS
UNDER THE AGE OF 12 MUST BE ACCOMPANIED BY A
PARENT OR GUARDIAN. 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. 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 towards 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 3. 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 4. All ordinances and parts of ordinances in conflict herewith are repealed
insofar as such conflict may exist.
SECTION 5. This ordinance shall be published pursuant to law and shall become effective
30 days from the date of passage and adoption.
SECTION 6. The amended Schedules referenced above shall be effective on applicable
electric utility billings prepared by the City of Lodi on or after January 1, 2012, orthe first date
allowable under State law.
Approved this 6th day of March, 2013
ALAN NAKANISHI, MAYOR
ATTEST:
RAND JO
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. 1871 was
introduced at a regular meeting of the City Council of the City of Lodi held February 20,
2013, and was thereafter passed, adopted, and ordered to print at a regular meeting of said
Council held March 6, 2013, by the following vote:
AYES: COUNCIL MEMBERS — Hansen, Johnson, Katzakian, Mounce,
and Mayor Nakanishi
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
I further certify that Ordinance No. 1871 was approved and signed by the Mayor on the date
of its passage and the same has been published pursuant to law.
OHL
City Clerk
IT NO
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