HomeMy WebLinkAboutOrdinances - No. 1860ORDINANCE NO. 1860
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LODl 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:
12.1 2.41 0
Areas; Skate Park Regulations.
Skateboarding, Roller-skating, and Bicycling prohibited in Certain
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.
12.1 2.420 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:
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;
Ride, operate, utilize a bicycle, skateboard, roller skates, or in-line
skates unless such equipment 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 utilize additional obstacles or other materials (including
but not 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 bikers, skateboarders, or skaters;
Use, operate, or possess any source of amplified music including
but not limited to stereo’s, boom boxes, and amplifiers;
Enter the concreted portion of skate park unless actively bicycling,
skateboarding, or in-line skating in accordance with these
regulations;
Use, consume, or have within his or her custody or control food,
beverages, or tobacco within the concreted portion of the skate
park;
Use, consume, or have within his or her custody or control alcohol
or illegal drugs within the skate park;
Enter 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 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;
No person shall enter or remain in or upon the skate park
premises: I) while closed, as determined by the Parks and
Recreation Department, or 2) between the hours of 9:00 P.M. and
1O:OO A.M.;
Use or have within his or her custody or control, board wax, within
the skate park; and
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 % inch in height, the following language:
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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 $1 15800.
IT IS UNLAWFUL FOR ANY PERSON TO RIDE, OPERATE, OR
UNLESS THE PERSON IS WEARING A HELMET DESIGNED
WITH A CHIN STRAP, ELBOW PADS DESIGNED FOR
WITH PLASTIC ELBOW CAPS AND KNEE PADS DESIGNED
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 A BICYCLE, SKATEBOARD, OR IN-LINE SKATES
FOR BICYCLE, SKATEBOARD, AND/OR IN-LINE SKATING
BICYCLE, SKATEBOARD, AND/OR IN-LINES SKATING USE
FOR BICYCLE, SKATEBOARD, AND/OR IN-LINE SKATING USE
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. ANY PERSON
FAILING TO COMPLY WITH THIS SECTION SHALL BE
SUBJECT TO CITATIONS AND PENALTIES PURSUANT TO
LODl 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 (lo), (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.
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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 30 days from and after its passage and approval.
Approved this 1’‘ day of August, 2012
Atted
Mayor
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 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 August 1, 201 2, 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
I further certify that Ordinance No. 1860 was approved and signed by the Mayor
on the date of its passage and the same has been
City Clerk
City Attorney
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