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Home My WebLink AboutAgenda Report - June 2, 2004 I-07AGENDA ITEM I •-7 &1&% CITY OF LODI W COUNCIL COMMUNICATION TM AGENDA TITLE: Introduce Ordinance Amending Lodi Municipal Code Chapter 12.12 -- Parks by adding Article IV "Spate Parks" Relating to Skate Park Regulations MEETING DATE: June 2, 2004 PREPARED BY: Parks and Recreation Director RECOMMENDED ACTION: That the City Council introduce the ordinance amending Lodi Municipal Code Chapter 12.12 — Parks by adding Article IV "Skate Parks" relating to skate park regulations. BACKGROUND INFORMATION: The Kofu Skate Park opened in August, 2002, and operated until December 2003 when the contract between Spohn Ranch, Inc. and the City of Lodi was terminated. The Parks and Recreation Department has been laying the groundwork to reopen the park as an unsupervised facility. Interim City Attorney Stephen Schwabauer has written this ordinance which would allow the City to operate the skate park in the future. FUNDING: $1,000.00 P111" Krueger, Finance Director Prepared by Michael S. Reese, Recreation Supervisor TG/MR:d cc: City Attorney APPROVED: w Tony G90firing Parks dnd Re reation Dire r H. Dixon Flynn, City Manager ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LODI AMENDING LODI MUNICIPAL CODE CHAPTER 12.12 — PARKS —BY ADDING ARTICLE IV, "SKATE PARKS," RELATING TO SKATE PARK REGULATIONS 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 adding Article IV, Skate Parks, and shall read as follows: Article IV. Skate Parks 12.12.300 Skateboarding, Rollerskating prohibited in Certain Areas; Skate Park Regulations A. Skateboarding, rollerskating, in-line skating, and similar activities are prohibited in City Parks and recreational facilities unless specifically authorized in areas designed by this Section 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 section. 12.12.310 The following regulations 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 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, 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; (2) Ride, operate, utilize a 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; - 1 - 0 (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 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) Enter the skate park unless actively skateboarding or in-line skating in accordance with these regulations; (8) Use, consume, or have within his or her custody or control, food or beverages, within the skate park; (9) Use, consume, or have within his or her custody or control, alcohol, tobacco products, or illegal drugs within the skate park; (10) Enter upon 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 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; (15) No person shall enter or remain in or upon the skate park premises between the hours of 9:00 P.M. and 9:00 A.M. Sunday through Thursday, and 10:00 P.M. and 10:00 A.M. Friday and Saturday. 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 '/z inch in height, the following language: -2- 1Ti%1:701IION10 SKATEBOARDING AND IN-LINE SKATING ARE HAZARDOUS RECREATION ACTIVITIES. 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 AND 115800.1. 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 SKATEBOARD 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 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 SKATE BOARDS AND NON -MOTORIZED 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 LODI MUNICIPAL CODE SECTION 1.08.010. 12.12.320 Violations A Every act prohibited or declared act made mandatory by this misdemeanor or an infraction Code. unlawful and every failure to perform an Chapter shall be prosecuted as a s provided in Section 1.08.010 of this 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 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 one time in the "Lodi News -Sentinel," a daily newspaper of general circulation printed and published in the City of Lodi, and shall take effect thirty days from and after its passage and approval. Approved this day of June, 2004 LARRY D. HANSEN Mayor Attest: SUSAN J. BLACKSTON City Clerk State of California County of San Joaquin, ss. I, Susan J. Blackston, City Clerk of the City of Lodi, do hereby certify that Ordinance No. was introduced at a regular meeting of the City Council of the City of Lodi held June 2, 2004, and was thereafter passed, adopted and ordered to print at a regular meeting of said Council held , 2004, by the following vote: AYES: COUNCIL MEMBERS — NOES; COUNCIL MEMBERS — ABSENT: COUNCIL MEMBERS — ABSTAIN: COUNCIL MEMBERS — I further certify that Ordinance No. was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. Approved as to Form: D. STEPHEN SCHWABAUER Interim City Attorney -4- SUSAN J. BLACKSTON City Clerk Page 1 of 1 I-7 Jennifer Perrin From: Jennifer Perrin Sent: Wednesday, June 02, 2004 4:46 PM To: 'Jane Thurman'; Susan Blackston; Susan Hitchcock; Emily Howard; Keith Land; John Beckman; Larry Hansen Cc: Dixon Flynn; Janet Keeter; Steve Schwabauer; Tony Goehring; Susan Blackston Subject: RE: Skatepark Dear Jane Thurman: This reply is to confirm that your message was received by the City Clerk's Office and each member of the City Council. In addition, by copy of this e-mail, we have forwarded your message to the following departments for information, referral, or handling: 1) City Manager, 2) Interim City Attorney, and 3) Parks and Recreation Department. /s/ Jennifer M. Perrin, Deputy City Clerk -----Original Message ----- From: Jane Thurman [maiito:jthurman@softcom.net] Sent: Wednesday, June 02, 2004 4:51 PM To: Susan Blackston; Susan Hitchcock; Emily Howard; Keith Land; John Beckman; Larry Hansen Subject: Skatepark Since it appears that the skatepark may be opening in the near future, what has been done about lessening the noise from the skateboards that disturbs the neighbors? I remember talk that Mr. Cunnington was revamping the approaches to the ramps. Also, some type of insulation was to be installed, under the ramps, to lessen the noise. We were told that improvements would be made to diminish the noise and hope they will be done before the park reopens. Thank you, Jane Thurman 6/2/2004