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HomeMy WebLinkAboutAgenda Report - April 21, 1999 F-02 PHCOUNCIL • • AGENDA TITLE: Public Hearing to Consider Introducing an Ordinance to Add Lodi Municipal Code Chapter 10.43, "Regulations for Roller Skating", and Amend Chapters 10.40, "Regulations for Bicycles", and 10.42, "Skateboards" MEETING DATE: April 21, 1999 PREPARED BY: Public Works Director RECOMMENDED ACTION: That the City Council conduct a public hearing to consider introducing an ordinance to: Add new Lodi Municipal Code (LMC) Chapter 10.43, `Regulations for Roller Skating", authorizing the regulation of roller skating (Exhibit A). 2. Amend LMC Chapter 10.40, "Regulations for Bicycles", by amending Subsection 10.40.020 (C.), "Bicycle Riding Rules", by adding a reference to include public or private property that has been properly signed; and the addition of Subsection 10.40.030, "Posted property — Bicycling prohibited without permission.", Subsection 10.40.040, "Signing and Posting — Method.", and Subsection 10.40.050, "Violation — Infraction." (Exhibit B). 3. Amend LMC Chapter 10.42, "Skateboards", changing sign size from a minimum of 18"x18" to a minimum of 12"x18" (Exhibit C). BACKGROUND INFORMATION: The Downtown Lodi Business Partnership (DLBP) has requested that skateboards, bicycles, and rollerblading (roller skating) be prohibited on sidewalks in the Downtown area due to safety concerns. (See attached letter [Exhibit D]). While staff can administratively regulate the use of skateboards and bicycles under LMC Subsection 10.40.026, there are no regulations for roller skating. The purpose of this memo is to present an ordinance for discussion which would regulate roller skating, and also make minor changes and additions necessary to provide uniformity related to the signing and posting of this and similar restrictions. 1. Regulations for Roller Skating California Vehicle Code Section 21969 allows local authority to adopt rules and regulations by ordinance to regulate the use of roller skates on sidewalks as well as roadways. Based on this, a new LMC Chapter 10.43 was drafted to regulate roller skating both in the public right-of-way and other posted properties, very similar to the existing skateboard regulations. The definition of roller skates would include in-line skates, commonly called "rollerblades." This would allow staff to administratively post sidewalks to prohibit skating and also allows property owners to do so on site. 2. Skateboards Per LMC Chapter 10.42, the minimum sign size required to prohibit skateboarding is 18"x18". This size was selected because it was needed to accommodate the cartoon depiction of a skateboarder that was first used to designate this restriction. However, some businesses felt the cartoon APPROVED: H. Dixon Flynn -- City Manager CPHDWNTNSKATE.DOC 04/13!99 Public Hearing to Consider Introducing an Ordinance to Add Lodi Municipal Code Chapter 10.43, "Regulations for Roller Skating", and Amend Chapters 10.40, "Regulations for Bicycles", and 10.42, "Skateboards" April 21, 1999 Page 2 character was not appropriate, so, in those cases, word signs were used. There is no other significance to the sign size, and reducing the size to a minimum of 12" wide by 18" high would not affect the ability to post the larger signs. The reduced sign size will be the same as standard "No Parking" and "Time Limit Parking" signs, so signs can be mounted back to back, if needed. 3. Regulations for Bicycles The final issue is the standardization of posting method and sign type for the restriction of skateboards, bicycles and roller skates. At this time, the LMC specifies sign wording, size, and posting method for skateboards but not for bicycles. In order to provide consistency, the sign wording, size, and posting method would be added to the regulations, as shown on Exhibit C. RECOMMENDATION: Although staff has concerns about discouraging people from shopping Downtown, due to the safety issues expressed by the DLBP, there is a need to regulate those who are responsible for creating hazards to others and property damage. It is unlikely that many customers use skateboards or rollerblades to shop because of the inability to safely carry purchases. The Police Department has indicated that it is very rare to see shoppers on rollerblades in the Downtown area. In addition, like similar regulations, enforcement of restricted areas is discretionary. Based on these factors, staff recommends that City Council approve the addition of the LMC section related to roller skating and modifications to the LMC sections related to skateboarding and bicycle riding as presented in this report. FUNDING: Not applicable. Sj*j Richard C. Prima, Public Works Director Prepared by Rick S. Kiriu, Senior Engineering Technician RCP/RSK/lm Attachments cc: City Attorney Administrative Assistant to the City Manager — Haynes Police Chief Police Lieutenant — Tobeck Police Officer — Paine Street Superintendent Associate Traffic Engineer DLBP Vice President — Goldberg Associated Businesses CPHDWNTNSKATE.DOC EXHIBIT A NEW CHAPTER ter 10.43 REGULATIONS FOR ROLLER SKATE Section 10.43.010 Definitions Section 10.43.020 Using roller skates where prohibited Section 10.43.030 Posted property – Roller skating prohibited without permission Section 10.43.040 Posting – Method Section 10.43.050 Violation – Infraction 10.43.010 Definitions. For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section: A. "Posted property" means any property specified in Sections 10.43.020 and 10.43.030 which is posted in the manner provided in Section 10.43.040. B. "Signs" means a board, placard, card or similar device not less than twelve inches by eighteen inches in size with lettering not less than one inch in height, upon which appear the words 'Roller Skating Prohibited" or which contains a picture of roller skates over which appears the international symbol for prohibition, a red circle and slash, along with reference to this ordinance number. Such sign may be painted directly upon a sidewalk, pavement or wall. C. 'Roller Skate" is defined as any device or conveyance with any number of wheels, tracks or gliding surface, whether off -set or in-line, worn on each foot, and which are designed to be or can be propelled by human power, and include "rollerblades." 10.43.020 Using roller skates where prohibited. No person shall roller skate in, upon, or around any on-site roadways, sidewalks, parking facilities, or pedestrian walkways located on any city -owned property which has been appropriately signed under this chapter, nor upon any other public or private property where appropriate signs, as prescribed herein, have been posted. (Vehicle Code 21969) 10.43.030 Posted property—Roller Skating prohibited without permission. It is unlawful for any person to use or ride roller skates on any posted property without the written permission of the owner(s), tenant(s), or other occupant(s) in legal possession or control thereof. 10.43.040 Posting --Method. Property may be posted against the use of or riding of roller skates on posted property in the following manner: A. If the property does not contain any lineal dimension exceeding three hundred feet, by posting signs at each corner of the area and at intervals not exceeding one hundred feet, and, if such property has a definite entrance or entrances, at each such entrance. B. If the property has lineal dimensions exceeding three hundred feet, by posting signs at each corner of the area and at intervals not exceeding two hundred feet, and, if such property has a definite entrance or entrances, at each such entrance. C. Public sidewalks or walkways where roller skating is prohibited shall be posted by the Public Works Director with at least one sign per block where roller skating is regulated, or every three hundred feet, whichever distance is less. 10.43.050 Violation --Infraction. A violation of this chapter of the municipal code shall be an infraction. rollerord.doc EXHIBIT B AMENDED CHAPTER Chanter 10.40 REGULATIONS FOR BICYCL Section 10.40.010 Bicycle license required. Section 10.40.020 Bicycle riding rules. Section 10.40.030 Posted Property – Bicycling prohibited without permission. Section 10.40.040 Posting and signing – Method. Section 10.40.050 Violation – Infraction. 10.40.010 Bicycle license required. A. All bicycles operated in the city shall be licensed and registered by the city. B. Bicycle licenses shall be issued by the police chief. The police chief is authorized to issue rules and regulations, not inconsistent with this section or accompanying t� council resolution, governing the issuance and display of bicycle licenses. C. The police chief shall collect a fee as established by resolution of the c� council from time to time for each license issued. D. This section does not apply to bicycle manufacturers or dealers transporting, displaying or demonstrating bicycles, or to the operators of bicycles not residing within the city limits; provided that such operators not residing within the city limits have complied with any registration and licensing requirements of the local authority in which they reside. E. The police department shall have the right to impound and retain possession of any bicycle in violation of the provisions of this section, and may retain possession of such bicycle until the provisions of this chapter are complied with. 10.40.020 Bicycle riding rules. A. No person shall operate a bicycle on the sidewalk in a business district. B. Persons operating bicycles on the sidewalk shall yield the right-of-way to any pedestrian approaching thereon, and shall exercise due care for the safety of any person upon the sidewalk. C. Persons operating bicycles shall obey any signs posted bythe publis werks direstsr-in accordance with Section -10.40.040 regulating or prohibiting the riding, walking or parking of bicycles on any sidewalk or walkway. (Vehicle Code § 21206) D. Subsections A and C of this section shall not apply to police personnel acting within the course and scope of their employment. 10.40.030 Posted property— Bicycling prohibited without permission. It is unlawful for any person to ride bicycles on any posted property without the written permission of the owners), tenant(s), orto her occupant(, in legal possession or control thereof. 10.40.040 Posting and signing - Method. Prooertv may be oosted against the use of or riding of bicycles in the following manner: A. If the property does not contain any lineal dimension exceeding three hundred feet, by postingssigns at each corner of the area and at intervals not exceeding one hundred, feet and, if such propea has a definite entrance or entrances. at each such entrance. B. If the property has lineal dimensions exceeding three hundred feet, by posting signs at each corner of the area and at intervals not exceeding two hundred feet. and, if such property has a definite entrance or entrances. at each such entrance. C. Public sidewalks or walkways where bicycling is prohibited may be posted by the Public Works Director with at least one sign per block, on each side where bicycling is regulated, or every three hundred feet, whichever distance is less. D. "Signs" means a board, placard. card or similar device not less than twelve inches by eighteen inches in size with lettering not less than one inch in height, upon which appear the words "Bicycling Prohibited" or which contains a picture of a bicycle over which appears the international symbol for prohibition, a red circle and slash, along with reference to this ordinance number. Such sign may be painted directly upon a sidewalk pavement or wall. 10.40.050 Violation --Infraction. A violation of this chapter of the municioal code shall be an infraction. bikeord.doc EXHIBIT C AMENDED CHAPTER Chanter 10.42 SKATEBOARD Section 10.42.010 Definitions. Section 10.42.020 Riding skateboards where prohibited. Section 10.42.030 Posted property — Skateboards prohibited without permission. Section 10.42.040 Posting — Method. Section 10.42.050 Violation — Infraction. 10.42.010 Definitions. For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section: A. "Posted property" means any property specified in Sections 10.42.020 and 10.42.030 which is posted in the manner provided in Section 10.42.040. B. "Signs" means a board, placard, card or similar device not less than pighleftffitwelve inches by eighteen inches in size with lettering not less than one inch in height, upon which appear the words "Skateboarding Prohibited" or which contains a picture of a skateboard over which appears the international symbol for prohibition, of a red circle and slash, along with reference to this ordinance number. Such sign may be painted directly upon a sidewalk, pavement or wall. C. "Skateboard" means any device or conveyance with any number of wheels, with a riding surface of any design intended primarily for a person to stand upon with one or two feet, and which is designed to be or can be propelled by human power, and which is not classified as a bicycle or tricycle. 10.42.020 Riding skateboards where prohibited. No person shall use or ride any skateboard or other similar device, in, upon, or around any on-site roadways, sidewalks, parking facilities or pedestrian walkways located on any city -owned property which has been appropriately signed under this chapter, nor upon any other public or private property where appropriate signs, as prescribed herein, have been posted. 10.42.030 Posted property-- Skateboards prohibited without permission. It is unlawful for any person to use or ride skateboards on any posted property without the written permission of the owners, tenant or other occupant in legal possession or control thereof. 10.42.040 Posting --Method. Property may be posted against the use of or riding of skateboards on posted property in the following manner: A. If the property does not contain any lineal dimension exceeding three hundred feet, by posting sings signs at each corner of the area and at intervals not exceeding ong hundred feet and, if such property has a definite entrance or entrances, at each such entrance. B. If the property has lineal dimensions exceeding three hundred feet, by posting signs at each corner of the area and at intervals not exceeding two hundred feet and, if such property has a definite entrance or entrances, at each such entrance. C. Public sidewalks or walkways where skateboarding is prohibited shall be posted by the Public Works Director with at least one sign per block, on each side where skateboarding is regulated, or every three hundred feet, whichever distance is less. 10.42.050 Violation --Infraction. A violation of this chapter of the municipal code shall be an infraction. skateord.doc Exhibit D 8 1999 Downtown Lodi Business Partnership,-4'OF C, P.O. Box 1565 Lodi, CA 95241 February 17, 1999 City Council City of Lodi 221 W. Pine Street Lodi, Ca 95240 Dear Councilmembers: On behalf of the Downtown Lodi Business Partnership, I would like to request that the ordinance prohibiting bicycles and skateboards on downtown sidewalks be amended to include rollerblades. They, too, represent a significant hazard to pedestrians, and the problem will only worsen as our business environment continues to expand. Thank you very much. Sincerely, Qk��'a4yg'x Alan M. Goldberg Vice President AMG:sh ORDINANCE NO. 1670 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LODI REPEALING AND REENACTING CHAPTERS 10.40 "REGULATIONS FOR BICYCLES" AND 10.42 "SKATEBOARDS-, AND ADDING CHAPTER 10.43 'REGULATIONS FOR ROLLER SKATING' TO THE LODI MUNICIPAL CODE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LODI AS FOLLOWS: SECTION 1. Lodi Municipal Code Chapter 10.40 - "Regulations for Bicycles" is hereby repealed and reenacted in its entirety to read as follows: Chapter 10.40 REGULATIONS FOR BICYCLES Sections: 10.40.010 Bicycle License Required. 10.40.020 Bicycle Riding Rules. 10.40.030 Posted Property — Bicycling Prohibited Without Permission. 10.40.040 Posting and Signing Method. 10.40.050 Violation — Infraction. 10.40.010 Bicycle License Required. A. All bicycles operated in the City shall be licensed and registered by the City. B. Bicycle licenses shall be issued by the Police Chief. The Police Chief is authorized to issue rules and regulations, not inconsistent with this section or accompanying City Council resolution, governing the issuance and display of bicycle licenses. C. The Police Chief shall collect a fee as established by resolution of the City Council from time to time for each license issued. D. This section does not apply to bicycle manufacturers or dealers transporting, displaying or demonstrating bicycles, or to the operators of bicycles not residing within the City limits; provided that such operators not residing within the City limits have complied with any registration and licensing requirements of the local authority in which they reside. E. The police department shall have the right to impound and retain possession of any bicycle in violation of the provisions of this section, and may retain possession of such bicycle until the provisions of this chapter are complied with. 10.40.020 Bicycle Riding Rules, A. No person shall operate a bicycle on the sidewalk in a business district. B. Persons operating bicycles on the sidewalks outside of the Business District shall yield the right-of-way to any pedestrian approaching thereon, and shall exercise due care for the safety of any person upon the sidewalk. C. Persons operating bicycles shall obey any signs posted in accordance with Section 10.40.040 regulating or prohibiting the riding, walking or parking of bicycles on any sidewalk or walkway. (Vehicle Code § 21206) D. Subsections A and C of this section shall not apply to police personnel acting within the course and scope of their employment. 10.40.030 Posted property— Bicycling Prohibited Without Permission. It is unlawful for any person to ride bicycles on any posted property without the written permission of the owner(s), tenant(s), or other occupant(s) in legal possession or control thereof. 10.40.040 Posting and signing - Method. Property may be posted against the use of or riding of bicycles in the following manner: A. If the property does not contain any lineal dimension exceeding three hundred feet, by posting signs at each corner of the area and at intervals not exceeding one hundred, feet and, if such property has a definite entrance or entrances, at each such entrance. B. If the property has lineal dimensions exceeding three hundred feet, by posting signs at each corner of the area and at intervals not exceeding two hundred feet, and, if such property has a definite entrance or entrances, at each such entrance. C. Public sidewalks or walkways where bicycling is prohibited may be posted by the Public Works Director with at least one sign per block, on each side where bicycling is regulated, or every three hundred feet, whichever distance is less. D. "Signs" means a board, placard, card or similar device not less than twelve inches by eighteen inches in size with lettering not less than one inch in height, upon which appear the words 'Bicycling Prohibited" or which contains a picture of a bicycle over which appears the international symbol for prohibition, a red circle and slash, along with reference to this ordinance number. Such sign may be painted directly upon a sidewalk, pavement or wall. 10.40.050 Violation --Infraction. A violation of this chapter of the municipal code shall be an infraction. SECTION 2. Lodi Municipal Code Chapter 10.42 — "Skateboards" is hereby repealed and reenacted in its entirety to read as follows: Chapter 10.42 SKATEBOARDS Sections: 10.42.010 Definitions 10.42.020 Riding Skateboards Where Prohibited 10.42.030 Posted property — Skateboards Prohibited Without Permission 10.42.040 Posting — Method 10.42.050 Violation — Infraction 10.42.010 Definitions. For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section: A. "Posted property" means any property specified in Sections 10.42.020 and 10.42.030 which is posted in the manner provided in Section 10.42.040. B. "Signs" means a board, placard, card or similar device not less than twelve inches by eighteen inches in size with lettering not less than one inch in height, upon which appear the words "Skateboarding Prohibited" or which contains a picture of a skateboard over which appears the international symbol for prohibition, of a red circle and slash, along with reference to this ordinance number. Such sign may be painted directly upon a sidewalk, pavement or wall. C. "Skateboard" means any device or conveyance with any number of wheels, with a riding surface of any design intended primarily for a person to stand upon with one or two feet, and which is designed to be or can be propelled by human power, and which is not classified as a bicycle or tricycle. 10.42.020 Riding Skateboards Where Prohibited. No person shall use or ride any skateboard or other similar device, in, upon, or around any on- site roadways, sidewalks, parking facilities or pedestrian walkways located on any City -owned property which has been appropriately signed under this chapter, nor upon any other public or private property where appropriate signs, as prescribed herein, have been posted. 10.42.030 Posted property-- Skateboards Prohibited Without Permission. It is unlawful for any person to use or ride skateboards on any posted property without the written permission of the owners, tenant or other occupant in legal possession or control thereof. 10.42.040 Posting --Method. Property may be posted against the use of or riding of skateboards on posted property in the following manner: A. if the property does not contain any lineal dimension exceeding three hundred feet, by posting signs at each corner of the area and at intervals not exceeding one hundred feet and, if such property has a definite entrance or entrances, at each such entrance. B. If the property has lineal dimensions exceeding three hundred feet, by posting signs at each corner of the area and at intervals not exceeding two hundred feet and, if such property has a definite entrance or entrances, at each such entrance. C. Public sidewalks or walkways where skateboarding is prohibited shall be posted by the Public Works Director with at least one sign per block, on each side where skateboarding is regulated, or every three hundred feet, whichever distance is less. 10.42.050 Violation --Infraction. A violation of this chapter of the municipal code shall be an infraction. SECTION 3. Lodi Municipal Code is hereby amended by adding thereto a new Chagter 10.43 — "Regulations for Roller Skating" to read as follows: Chapter 10.43 REGULATIONS FOR ROLLER SKATES Sections: 10.43.010 Definitions 10.43.020 Using Roller Skates Where Prohibited 10.43.030 Posted Property — Roller Skating Prohibited Without Permission 10.43.040 Posting — Method 10.43.050 Violation — Infraction 10.43.010 Definitions. For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section: A. "Posted property" means any property specified in Sections 10.43.020 and 10.43.030 which is posted in the manner provided in Section 10.43.040. B. "Signs" means a board, placard, card or similar device not less than twelve inches by eighteen inches in size with lettering not less than one inch in height, upon which appear the words "Roller Skating Prohibited" or which contains a picture of roller skates over which appears the international symbol for prohibition, a red circle and slash, along with reference to this ordinance number. Such sign may be painted directly upon a sidewalk, pavement or wall. C. 'Roller Skate" is defined as any device or conveyance with any number of wheels, tracks or gliding surface, whether off -set or in-line, worn on each foot, and which are designed to be or can be propelled by human power, and include "rollerblades." 10.43.020 Using Roller Skates Where Prohibited. No person shall roller skate in, upon, or around any on-site roadways, sidewalks, parking facilities, or pedestrian walkways located on any City -owned property which has been appropriately signed under this chapter, nor upon any other public or private property where appropriate signs, as prescribed herein, have been posted. (Vehicle Code 21969) 10.43.030 Postedrho ee[ty—Roller Skating Prohibited Without Permission. It is unlawful for any person to use or ride roller skates on any posted property without the written permission of the owner(s), tenant(s), or other occupant(s) in legal possession or control thereof. 10.43.040 Posting --Method. Property may be posted against the use of or riding of roller skates on posted property in the following manner: A. If the property does not contain any lineal dimension exceeding three hundred feet, by posting signs at each corner of the area and at intervals not exceeding one hundred feet, and, if such property has a definite entrance or entrances, at each such entrance. B. If the property has lineal dimensions exceeding three hundred feet, by posting signs at each corner of the area and at intervals not exceeding two hundred feet, and, if such property has a definite entrance or entrances, at each such entrance. C. Public sidewalks or walkways where roller skating is prohibited shall be posted by the Public Works Director with at least one sign per block where roller skating is regulated, or every three hundred feet, whichever distance is less. A violation of this chapter of the municipal code shall be an infraction. SE=CTION 4 - 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 5 - 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 6. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist. SECTION 7. 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 , 1999 KEITH LAND Mayor Attest: ALICE M. REIMCHE City Clerk State of California County of San Joaquin, ss. I, Alice M. Reimche, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1670 was introduced at a regular meeting of the City Council of the City of Lodi held April 21, 1999 and was thereafter passed, adopted and ordered to print at a regular meeting of said Council held , 1999 by the following vote: Ayes: Council Members - Noes; Council Members - Absent: Council Members - Abstain: Council Members - I further certify that Ordinance No. 1670 was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. ALICE M. REIMCHE City Clerk Approved as to Form: RANDALL A. HAYS City Attorney •, CITY OF LODI NOTICE OF PUBLIC HEARING Carnegie Forum LDate:Wednesday, April 21,1999 305 West Pine Street, Lodi 7:00 p.m. For information regarding this notice please contact: Alice M. Reimche City Clerk Telephone: (209) 333-6702 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that on Wednesday, April 21, 1999 at the hour of 7:00 p.m., or as soon thereafter as the matter may be heard, the City Council will conduct a Public Hearing at the Carnegie Forum, 305 West Pine Street, Lodi, to consider the following matter: a) introducing an ordinance to add Lodi Municipal Code Chapter 10.43 'Regulations for Roller Skating", and amend Chapters 10.40, "Regulations for Bicycles" and 10.42, "Skateboards". All interested persons are invited to present their views and comments on this matter. Written statements may be filed with the City Clerk at any time prior to the hearing scheduled herein, and oral statements may be made at said hearing. If you challenge the subject matter in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing described in this notice or in written correspondence delivered to the City Clerk, P.O. Box 3006, at or prior to the Public Hearing. �IceelmcMrrzC'.�iC1 City Clerk Dated: March 17, 1999 Approved as to form: �,� , �� -P Randall A. Hays City Attorney JACITYURKTORMSWOTGEN.DOC 3117199 EXHIBIT B AMENDED CHAPTER Chanter 10.40 REGULATIONS FOR BICYCLE Section 10.40.010 Bicycle license required. Section 10.40.020 Bicycle riding rules. Section 10.40.030 Posted Property – Bicycling prohibited without permission. Section 10.40.040 Posting and signing – Method. Section 10.40.050 Violation – Infraction. 10.40.010 Bicycle license required. A. All bicycles operated in the city shall be licensed and registered by the city. B. Bicycle licenses shall be issued by the police chief. The police chief is authorized to issue rules and regulations, not inconsistent with this section or accompanying ci council resolution, governing the issuance and display of bicycle licenses. C. The police chief shall collect a fee as established by resolution of the gb council from time to time for each license issued. D. This section does not apply to bicycle manufacturers or dealers transporting, displaying or demonstrating bicycles, or to the operators of bicycles not residing within the city limits; provided that such operators not residing within the city limits have complied with any registration and licensing requirements of the local authority in which they reside. E. The police department shall have the right to impound and retain possession of any bicycle in violation of the provisions of this section, and may retain possession of such bicycle until the provisions of this chapter are complied with. 10.40.020 Bicycle riding rules. A. No person shall operate a bicycle on the sidewalk in a business district. B. Persons operating bicycles on the sidewalks outside of the business district shall yield the right-of-way to any pedestrian approaching thereon, and shall exercise due care for the safety of any person upon the sidewalk. C. Persons operating bicycles shall obey any signs posted by the public wrerks-direstsr-irt gg-Qr Aa n e with _Se_cti- O.40.04regulating or prohibiting the riding, walking or parking of bicycleson__any sidewalk or walkway. (Vehicle Code § 21206) D. Subsections A and C of this section shall not apply to police personnel acting within the course and scope of their employment. 10._4.0.030 Posted property— Bicycling prohibited without permission. It is unlawful for any person to ride bicycles on any posted property without the written permission of the owner(s), tenant(s). or other occupant(s) in legal possession or control thereof. 10.40.040 Posting and signing =Method. Property may be posted against the use of or riding of bicycles in the following manner: A. If the property does not contain any lineal dimension exceeding three hundred feet, by posting sirmssigns at each corner of the area and at intervals not exceeding one hundred, feet and, if such property has a definite entrance or entrances, at each such entrance. B. If the property has lineal dimensions exceeding three hundred feet. by posting signs at each corner of the area and at intervals not exceeding two hundred feet, and, if such property has a definite entrance or entrances, at each such entrance. C. Public sidewalks or walkways where bicycling is prohibited may be posted by the Public Works Director with at least one sign per block on each side where bicycling is regulated, or every three hundred feet, whichever distance is less. D.."Signs"_means_a bgard.lanar, card or simil r device not less than_twetv_e inches eighteen inches in sizewith.lettering not less_ttian one inch in height, upon which appear _the wordss"Bicycling Pro"ijted"or which_cc retainsa ip ctureof is cleclver which appedCs_ the international symbol) for__prQ ibition. a red circle__and slash. __a.Iana with reference to this_ocd n_a ce nurnber;��ch_sign._m��be painted €ract uoon_a sidewalk, faayg n nt or wall, 1.0:40.05Q_ViQation_-Infraction.:, A violation of this chapter of the muni i al code. shall be an infraction. bikeord.doc CITY OF LODI A:skateboard park is no different than any other recreational need such as, ajungle gym ,basketball court, tennis court, or the 1000 plus sq. ft.of concrete for roller hockey at the new park west park. For example two tennis courts can accomadate eight people max. usually four.A'skateboard park the size of two tennis courts can accomadate 15 to 20 people at one time. Design is crucial ! If the city follows through with a skateboard park-it must have a skateboarders input or the park will become obsolete very quickly . I.have been skateboarding for twentytwo years and have skated several concrete parks over the years, as well as building in ground pools for a living, not only can I help design a park I have ideas to help reduce the costs to build a park and make it look nice. Donations such as MATERIAL LABOR PLUMBERS EXCAVATORS��- CONCRETE MASONS j r7- LANDSCAPERS ECT. ECT. At your service for any qustions: desins , proposals, or research -s sincerely, Jason Cato CATO POOLS 369 1614 HM 365 9635 �4C3SKAYESaAROS CNSOLI®ATE0 STATISTICS PAGES- info relating to public skateparks: PLAN - A few cities with currently operating PUBLIC (funded/operated by the city/local government) skate- board parks: Fairbanks, AK Benicia, CA Davis, CA Santa Cruz, CA Palo Alto, CA Huntington Beach, CA (2) Napa, CA Santa Rosa, CA Yuba City, CA Arcata, CA Petaluma, CA Santa Barbara, CA Sonoma, CA Arvada, CO Breckenridge, CO Brighton, CO Fort Collins, CO Craig, CO Golden, CO Grand Junction, CO (2) Portland, OR Steamboat Springs, CO Cannon Beach, OR Idaho Springs, CO Eugene, OR Telluride, CO Cave Junction, OR Fairfield, CT Lake Oswego, OR Honolulu, III (2) Forest Grove, -OR Couer D'Alene, ID Salem. OR Ketchum, ID Philadelphia, PA Boise, ID Chesapeake, VA Belfast, �NIN Kirkland, WA Baltimore, vID Mercer Island, WA Nantuckett, MA Mount Vernon, WA Brigantine, NJ Moses Lake, WA Sewell, NJ Port Townsend, WA Corning, NY Kenosha, WI New York, NY Oshkosh, WI Wilmington, NC Wasau, WI Cincinnati, OH Cheyenne, WY Lorain, OH Green River, WY The myth that only big cities in California have public parks is absolutely false. Most of these cities or towns are relatively small, with populations between twenty and sixty thousand. There are also a number of towns in the middle of legislation for a park right now. Many towns with existing parks have reported such success that they are planning second or third parks. There have been more public parks built in the last three years than in the previous twenty. Surveys report an estimated 50-100 users at any park on any given day, weekdays and weekends, at any time. Compare this to a baseball field that usually lays unused, and at over three times the size of a large skatepark, can only accommodate 16 players when used. Also, two tennis courts roughly the size of a small skatepark, can only be used by eight people max- imum at one time, and are usually used by only four. In Canada there are over two dozen public parks, in towns of all sizes. These include: Griffin Park, Vancouver, BC Revelstoke, Alberta Senylynn, Vancouver, BC Whistler, BC White Rock, Vancouver, BC Pickering, Ontario Sarnia, Ontario • Number of injuries from skateboards in 1986 in U.S. (a " high point" year in skating)- 13,00 Number of injuries that same year from roller skates- 65,000 Number of injuries that same year from small toys- 102,000 , Number of injuries that same year from bicycles- 385,000 �f source: National Electronic Injury Surveillance System; based on emergency room visit reports �4CONS(DUDATE[) THE SKATEBOARDS STATisrlcs PAGES- info relating to public skateparks (cont.): PLAN • Estimated number of skateboard -related injuries for 1990 in U.S.- 62,428 Estimated number of baseball -related cases that same year- 432,799 Estimated number of basketball -related cases that same year- 640,519 source: National Electronic Injury Surveillance System; based on emergency room visit reports • Estimated number of skateboard -related injuries for 1996 in U.S.- 35,788 Estimated number of in -line -related cases that same year- 102,911 Estimated number of roller skating -related cases that same year- 59,450 Estimated number of soccer -related cases that same year- 156,681 Estimated number of basketball -related cases that same year- 653,676 Estimated number of football -related cases that same year- 363,921 Estimated number of swimming pool -related cases that same year- 72,933 Estimated number of trampoline -related cases that same year- 83,399 source: National Electronic Injury Surveillance System; based on emergency room visit reports • In 1993 there were 7,576,000 male and 2, 495,000 female skateboarders. This ranks it as the sixth largest participant sport in the US, and the third largest for participants between ages 6-18. The average age of skateboarders is 14. The vast majority of skaters are "ordinary, energetic youth who engage in wholesome activities and are good students" Skateboarding is one of the fastest growing sports in the US, With the average skater skating 50.8 days a year. (�Ve all know it's higher than that!) source: Skateboard park feasibility study for Phoenix, AZ • As of January 1, 1998 the California State Assembly Bill AB1296 was enacted as law. Basically this bill adds skateboarding to the list of Hazardous Recreational Activities (HRA's) along with such sports as kayaking, mountain biking, skydiving, hang-gliding, and others. The entire text of the bill is available online, but it basically states that: "skateboarding at a public skatepark is a HRA" if the person "is 14 years of age or older, the park is on public property, and the skating was stunt, trick, or luge:' As such, "neither public entities nor public employees are liable to any person who participates in a HRA:' Also, the existing laws insist that all skaters wear the appropriate protective gear (helmet, knee and elbow pads) and that signs stating the risks are posted. In layman's terms this means that a city cannot be sued by someone injured in a public skatepark as long as all the above conditions are met. This takes the pres- sure off the local government's liability and makes a skatepark more feasible. The amendment can be adopted for other states as well, it just takes letters to your state assemblypeople and state congress. It should be pointed out that this bill passed almost unanimously through all parts of the legalization process. source: www.leginfo.com/AB1296 • Baseball, softball, and tee -ball are the most popular team sports for children. Three to four children die each year in these games. Baseball -related deaths from 1973 to 1994 for people of all ages totaled 250. One third of these were children ages 5-14. Most of the children's deaths resulted from impact by base- balls. In-line skating- 25 deaths during January 1992 -June 1995.80% involved motor vehicles. Bicycling - about 100 deaths annually. 90% involved motor vehicles. No death information was given for skateboard- ing, presumably because the numbers are too small to rate nationally. At the time THE PLAN was Pg. 15 f CONSaLtDATE® THE PLAN ; . SKATEBOAROS MISC. STATEMENTS (cont.): "Their (the park lobbyists') enthusiasm and commitment as young citizens of our community got every- one to pay attention. They simply stuck to it" Mike Sedlak, Recreation Commissioner; Pleasanton, CA "It (the skatepark) is probably one of the best things we've ever done" Chuck Rust, Santa Rosa Parks and Recreation Director "It (a skatepark) is an important aspect to meeting the needs of our residents." Dave Brees, Recreational Supervisor, City of Palo Alto "Both Rust and Brees said their parks have not been plagued with violence or alcohol problems." Mercury News, McClatchy News Service; author not disclosed "The cost of a skatepark ranges from $60,000 to $100,000. This is considerably less than what it costs to build two tennis courts, for a space that is highly used compared to tennis courts." Ken Wormhoudt, Landscape Architect and designer/consultant of over thirty skateparks "The skatepark opened in March 1996, after nearly three years of local effort, less than 30 days of which was spent in actual construction. ...The involvement of the service club (Rotary) was instrumental and tremendously beneficial in gathering community support for building a skate park. ...In the thousands of hours of use logged during the Yucca Valley's skatepark's first year, there have been no claims for injuries....graffiti has not been an issue ... ... Complaints and cries for help from local merchants have ceased. Local law enforcement ... ... hailed the facility as one of the key elements in the local prevention efforts. In general, the community has embraced the project as a good use of funds, a significant solution to the concerns of local merchants, and a positive community amenity." Jim Schooler, in a Western City Magazine article "The larger skateparks are about 14,000 square feet and cost about $100,000- less than the $147,000 price tag for twin tennis courts. ...liability worries have been eased by the lawsuit -free history of existing parks... Many adults say the board park debate has taught residents- young and old- some civics lessons" Alan Gathright, from a Mercury News article regarding numerous Bay Area cities' plans for public skateparks "Locating parks in an established park reduces the cost because benches, fences, drinking fountains, lawns, trees, irrigation and drainage systems, lighting, trash containers, and restrooms are already avail- able for skaters and spectators. Maintenance is also minimal because skaters tend to keep the paved areas free of litter." Mary Lou Watts, in a CM Magazine article regarding skatepark architecture and design `:ABAG PLAN is a self-insurance pool for 31 cities in the San Francisco Bay Area. We provide general liability and property insurance to these cities. Our program is the largest insurer of recreational pro- grams in the Bay Area. We insure senior citizen programs, day care facilities, and of course recreation Pg. 19 14CONSOLIDATED THE PLAN SKfiL7ESC3PLRDS Misc. S'rA�rriv4rNT:S (cont.): programs, etc. In terms of liability for skateboard parks, our office does not view skateboard parks as any high risk for cities. In fact, a skateboard park should be relatively safe if it is properly planned with citizen input ... ... and the park is properly maintained on a regular basis. Albert T. Fierro, MPA, Vice President Risk Management ABAG PLAN Corp. "... we have never had a skateboarding claim or lawsuit since the inception of our insurance program in 1986! The US Consumer Product Safety Commission Report, 1994 notes that other recreational activities such as: golf, swimming, and handball games actually have a statistically greater number of injuries reported by emergency room doctors around the country than skateboarding. ...the skateboard park must be open only to "free play": therefore, no supervision should be provided by anyone. Charging fees or supervising use of the facility only creates a duty of care under tort law." Albert T. Fierro, MPA, Vice President Risk Management ABAG PLAN Corp. "Skateboarding is not as hazardous as generally believed. While minor injuries may occur, serious life- threatening, or permanent injuries are extremely rare. Skateboarders generally are quiet, friendly ath- letes looking for a place to practice their sport. Often at skateparks, older more experienced skaters are seen helping less skilled younger skaters. Most skaters behave responsibly and police themselves in order to retain their use of the park. The design of a skatepark must include considerations for public safety; be economically feasible; be compatible with other uses if built in a public park; and not adversely impact any nearby residents. It should incorporate features that allow skaters of different levels of ability to be challenged. (Involving skaters in the design) establishes a sense of pride and ownership among the skaters for the facility. This sense of pride and ownership can play a key role in mitigating maintenance and enforcement issues, as well as establishing positive community perception of the facility. Every city that explores the idea of building a skatepark faces the problem of the city's liability regarding the park. Some skateparks in cities are not officially designated as skateparks, but instead are described as sculp- tural, multi -use elements of the city park, where skateboarding is not prohibited. No rules are posted, the parks are not fenced, and safety equipment is not required. California passed a law in 1992 (AB2487) providing liability immunity for skateboard facilities when a local government adopts an ordinance requiring the posting of signs at the skateboard track requiring the wearing of safety equipment includ- ing helmets, elbow and knee pads. On site supervision is not required to see that the rules are followed." Ken Wormhoudt, Landscape Architect and designer/consultant of over thirty skateparks "It (the skatepark) is so successful, clean, and quiet that some Santa Rosa residents living on the opposite side of town have asked the city to plan an even larger skateboard park in their neighborhood." Alan Gathright, Mercury News `ETITIO;v PAGE';:, We the undersigned, as citj •ens of , support ti, development of a pubficly funded skateboard park in our town. NMany other cities across this country have opened such parks, and few have reported problems or lawsuits. Studies have shown that skat boarding is no more dangerous than tennis or basketball, and certainly poses less of a liability threat' 3 than a public pool, all of which are provided for in some part by the city. We have recognized the neefo and.benefits of a skate park and believe that our city should at the very least aid us by parceling a por io of public land for this use, and at most fund, build and maintain a skate park as it would a tennis court a3 i. Sib basketball court, swimming area, playground, baseball diamond, or other general use public area. Namo Adfirecc Phone (ootional) L(7AIN-I¢. VlAy,\e- 92rrgCAA14 P.c . @,ox (o�(p sTockTo&1 CA `fS2oZ J U '� � 6'1�'Y�'i uw',>✓ � �"l_,��jQ � • C. � G .� ✓�- C� �,•�, `' • `� • c S Z `� i� 17 cx v n«,. -r-- ter. Pg. 1 PETITION PAGrS: We the undersigned, as citizens of ) , support the development of a publicly funded skateboard park in our town. Many other cities across this country have opened such parks, and few have reported problems or lawsuits. Studies have shown that skate- boarding is no more dangerous than tennis or basketball, and certainly poses less of a liability threat than a public pool, all of which are provided for in some part by the city. We have recognized the need fc and benefits of a skate park and believe that our city should at the very least aid us by parceling a portio of public land for this use, and at most -fund, build and maintain a skate park as it would a tennis court, basketball court, swimming area, playground, baseball diamond, or other general use public area. Name Address Phone (optional) 1bµOu� '/gV4_CMO qra r\111S0r4 C.l C.ac-i Via— 7415-3 25 GXCo�ta�s�%u Yen ire r 11k (05 �Ac..,v 1AA)r t l.iAir_l Pg. 1 PETITION PAGrS: We the undersigned, zens of development of a publicly funded skteboard park in. '- n. ,support ti have opened such parks, and few have reported problems ur town. suany other cities across this county boarding is no more dangerous than tennis or basketball a Studies have shown that skate than a public pool, all of which are provided for in some part thelcit . W Y poses less of a liability threat and benefits of a skate park and believe that our cit y e have recognized the nee Of public land for this use, and at „lost fund Y should at the very least aid us b build and maintain a skate park as it would aa tennis cou: basketbatl court, swimming area, playground, baseball diamond, or other general use public area. Name Address Phone (optional) C r nC ; c Ir /04, r - �`;�"� Address.Phone (Optional) Pg, 11 1 .i n'lo,N Pncra: We the undersigned, as citizens of , support the b ,velopnlent of a publicly funded skateboard part: in our town. ``Zany other cities across this country ,lave opened such parks, and few have reported problems or lawsuits. Studies have shown that skate- boarding is iia more dangerous LhaI1 tennis or basketball, and certainly poses less of a liability threat than a public pool, all of which arc provided for in some part by the city. «'e 11<ive recognized the need fo: and benefits of a skate park and believe that our city should at the very least aid us by parceling a portio: of public land for this use, and at most fund, build and maintain a skate park as it would a tennis court, basketball court, swinlinin"arca, playground, baseball diamond, or oilier general use public area. Name Address Pllone (optional) Pg 1. r. :i �t�':��v+'�,h�1�'�� -� __ , .: •*w4� •n: s mss. 11:40 0600000MOO XXXX*11}j XX;SX"O", PAGE 01 April 20, 1999 Dear Downtown Business Assoc. and City Council. I want to inform the people of Lodi that not all businesses downtown are for banning bicycles and rollerblades from downtown, I am a part owner of a Lodi downtown business, and I am against this ridiculous ban.. 1 thought the whole idea of the so-called revitaliiied downtown was for all people to enjoy and increase downtown shoppers, l admit that control of these activities is needed to prevent injuries, but not a ban. People bicycle and rollerblade: for numerous reasons, some if which is for transportation, recreation and health benefits. l cannot recall arty customers rollerblading to our business., but we have had a number of customers arrive on bicycle, contrary to what a City of l Fadi head was quoted in today's Lodi News Sentinel_ Are we going to tum away custnmem because they i&2nt to or have to bicycle to make a purchase downtown? T sure hope not. In ray opinion why we do not see more customers downtown goes back to the early 1970's. The City of Lodi banned ear cruising downtown. Most of those people affected by that ban are now are in their 30's acid 40's. This is the age of customers we are lacking downtown,. and need to get back downtown. Why don't they come downtown? Because when they were teenagers, they were: told to stay away from downtown. That is what they remember. We are goring to do it again, by now banning bicycles and rollerblades. it is the City of Lodi that is stabbing itself in the back. They are killing downtown by running away present and future shoppers. When is the City going to learn from their mistakes. Are they ignoram or just plain stupid? cher downtown business does resat want rollerbiades ,end bicycles banned from downtown_ We want customers now and in the future - C:onnic Riggs 15 W.. Oak St. Lodi, CA Vi9-9527 WR -20-1999 10:29 00000000000 F". 01 CITY COUNCIL KEITH LAND, Mayor CITY OF L O D I STEPHEN J. MANN Mayor Pro Tempore CITY HALL, 221 WEST PINE STREET SUSAN HITCHCOCK P.O. BOX 3006 ALAN S. NAKANISHI LODI, CALIFORNIA 95241-1910 PHILLIP A. PENNINO (209) 333-6706 FAX (209) 333-6710 April 15, 1999 Mr. Alan Goldberg, Vice President Cal Skate Downtown Lodi Business Partnership 512 N. Cherokee Ln. P. O. Box 1565 Lodi, CA 95240 Lodi, CA 95241 Lodi Sporting Goods 858 W. Kettleman Ln. Lodi, CA 95240 Big 5 Sporting Goods 2411 W. Kettleman Ln. Lodi, CA 95242 H. DIXON FLYNN City Manager ALICE M. REIMCHE City Clcrk RANDALL A. HAYS City Attorney City Bicycles 310 N. Ham Ln. Lodi, CA 95240 SUBJECT: Public Hearing to Consider Introducing an Ordinance to Add Lodi Municipal Code Chapter 10.43, "Regulations for Roller Skating", and Amend Chapters 10.40, "Regulations for Bicycles", and 10.42, "Skateboards" Enclosed is a copy of background information on an item on the City Council agenda of Wednesday, April 21 1999. The meeting will be held at 7 p.m. in the City Council Chamber, Carnegie Forum, 305 West Pine Street. The Council will conduct a public hearing on this item. You are welcome to attend and speak at the appropriate time. If you wish to write to the City Council, please address your letter to City Council, City of Lodi, P. O. Box 3006, Lodi, California, 95241-1910. Be sure to allow time for the mail. Or, you may hand -deliver the letter to City Hall, 221 West Pine Street. If you wish to address the Council at the Council Meeting, be sure to fill out a speaker's card (available at the Carnegie Forum immediately prior to the start of the meeting) and give it to the City Clerk. If you have any questions about communicating with the Council, please contact Alice Reimche, City Clerk, at 333-6702. If you have any questions about the item itself, please call Rick Kinu at 333-6800, ext. 668. Richard C. Prima, Jr. Public Works Director RCP/lm Enclosure cc: City Clerk NCPHDWNTNSKATE.DOC