HomeMy WebLinkAboutOrdinances - No. 1754ORDINANCE NO. 1754
AN ORDINANCE QF THE CITY COUNCIL OF THE
CITY OF LODl AMENDING CHAPTE~ 12.12 OF
THE LODl MUNICIPAL CODE BY REPEAL IN^ AND
~EENAC~ING SECTION 12.12.420, ELATING TO
PARK R~GULATIONS
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BE IT ORDAINED BY THE ClTY 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 re~ulations to read as follows:
The following regu~ations 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 d~signafed a skate park:
A. Within the skate park, it shall be unlawful for any person lo:
Ride, operate, or use a skateboard, roller skates, or in-line skates
unless that person maintains in hidher possession a valid skate
park iden~ification card issued pursuant to policies and procedures
established by the Parks and Recreation Department.
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;
Ride, operate, utilize a skateboard, roller skates, or in-line skates
unless such equip men^ is in good repair at all times during use;
Be on or use an individual apparatus within the skate park while
another person is using it;
Place or ut~li~@ addition~l obs~acle~ or other matetials (including
but net limited to ramps or jumps) within the skate park;
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;
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 ska~eboarding or in-line
skating in accordance with these regulations;
Use, consume, or have within his or her custody or control, food
or beverages, within the skate park; (9)
(10) Use, consume, or have within his or her custody or control,
alcohol, tobacco products, or illegal drugs within the skate park;
Enter upon the skate park while under the influence of alcoholic
beverages or illegal drugs;
Use or possess glass containers, bottles, or other breakable glass
products within the skate park;
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;
Engage in graffiti, tagging, or other defacing of City property or
the properties of others:
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:
(11)
(12)
(13)
(14)
(15)
(IS) 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:OO A.M.
Use or have within his or her custody or control, board wax, within
the skate park.
No person shall enter in or upon the skate park premises with any
animal.
(17)
(18)
The skate park shall be posted with signs at the following locations:
(1)
(2)
8.
At the entrance to the skate Park: and
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 Yi inch in height, the following language:
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WARNING
SKATEBOARDING AND IN-LINE SKATING ARE HAZARDOUS
RECREATION ACTVIITIES. USE OF THIS FACILITY MAY
RESULT IN SERIOUS INJURIES OR DEATH. THE CITY OF
LODl 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 §§I15800 AND
1 l58QO.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 RE~UIREMENT SHALL BE SUBJECT TO
CITATIONS AND PENALTIES P~RSUANT 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
SKAT~BOARD 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
WHICH E~UIPMENT 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
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
LODl MUNICIPAL CODE SECTION 1.08.010.
AND/OR IN-LINE SKATING USE WITH PLASTIC KNEE CAPS,
NON-MOTOR~~ED SKATE BOARDS AND NON~MOTORI~ED
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 ~royide 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 of circumstanc~s 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.
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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.
Appr3ed this Sih day of January 2005
HN BECKMAN
Mayor
City Clerk
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State of California
County of San Joaquin, ss.
Blackston, City Clerk of the City of Lodi, do hereby certify that
4 was introduced at a regular meeting of the City Council of the City
ber 15, 2004, and was thereafter passed, adopted and ordered to
print at a regular meeting of said Council held January 5, 2005, by the following vote:
COUNCIL MEMBERS - Hansen, Hitchcock, Johnson, Mounce, AYES:
NOES; COUNCIL MEMBERS - None
ABSENT: COUNCIL MEM
R~STAIN: COUNCIL M~~~~RS - None
and Mayor Beckman
I further certify that Ordinance No. 1754 was approved and signed by the Mayor on the
date of its passage and the same has been published pursuant to law.
SUSAN J. BLRCKSTON
City Cferk
Amroved as to Form:
D. STEPHEN SCHWABAU~
City Attorney