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CC - Item 6A - Skate Plaza OrdinanceROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: BILL R. MANIS, CITY MANAGER 32."\ DATE: NOVEMBER 8, 2016 SUBJECT: SKATE PLAZA ORDINANCE SUMMARY California Health and Safety Code Section 115800 requires local public agencies owning or operating a skate park facility that will not provide regular supervision of the facility to adopt an ordinance requiring any person using the facility to wear a helmet, elbow pads and knee pads. Further, the City is required to post these regulations at the skate park facility. Staff has surveyed surrounding cities that own and operate skate park facilities in order to establish an appropriate set of rules and regulations for the Rosemead Skate Plaza. STAFF RECOMMENDATION 1. That the City Council introduce, by title, Ordinance No. 966; and 2. That the City Council approve the proposed rules and regulations for the Rosemead Skate Plaza and direct staff to post such rules and regulations at the Skate Plaza prior to opening the facility for public use. FISCAL IMPACT — None. STRATEGIC PLAN IMPACT Completion of the Rosemead Skate Plaza satisfies item 4C in the previous Strategic Plan. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Prepared by: ITEM NUMBER: City Council Meeting November 8, 2016 Page 2 of 2 Jason Chacon, Parks and Recreation Director Attachment: Ordinance No. 966 Attachment Ordinance No. 966 ORDINANCE NO. 966 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, ADDING SECTIONS 10.20.030,10.20.040, AND 10.20.050 TO TITLE 10, CHAPTER 10.20 OF THE ROSEMEAD MUNICIPAL CODE SETTING REGULATIONS FOR THE USE OF DESIGNATED SKATE PARKS CONSISTENT WITH CALIFORNIA HEALTH & SAFETY CODE SECTION 115800 WHEREAS, the City of Rosemead, California (the "City ") is a municipal corporation, duly organized under the constitution and laws of the state of California; and WHEREAS, the City Council of Rosemead, California desires to provide its residents with quality recreational opportunities and spaces; and WHEREAS, the City has established a public Skate Plaza at Rosemead Park to create a safe and accessible place for residents of the City and other people to use skateboards and other wheeled recreational devices in a safe, clean and enjoyable environment; and WHEREAS, California Health and Safety Code Section 115800 requires local public agencies owning or operating a skate park facility that will not be supervised on a regular basis to adopt an ordinance requiring any person using the facility to wear a helmet, elbow pads and knee pads and to post that requirement at the skate park facility ; and WHEREAS, the City intends to regulate the activities at the Skate Plaza to ensure it remains a safe, clean, enjoyable environment; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROSEMEAD, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Municipal code amendments; The following sections are hereby added to Title 10, Chapter 10.20 of the Rosemead Municipal Code to read in its entirety as follows: Sections: 10.20.030 — Definitions 10.20.040 — Skate Plaza Regulations 10.20.050 — Penalty for Violation 10.20.030 — Definitions. "Skateboard" shall mean a platform of any dimension or size to which two or more wheels are attached and which is intended to be human propelled and ridden by one person standing, to which there is not affixed any seat or any other device or mechanism to turn and control the wheels. "Wheeled recreational device" shall mean a non- motorized bicycle, scooter, in -line skates, or roller skates. 10.20.040 — Skate Plaza Regulations The following regulations apply to the City's Skate Plaza located at Rosemead Park "Skate Plaza ". These regulations shall be posted at the Skate Plaza consistent with State Law for unsupervised skate parks. A. This is an unsupervised skate plaza. Use is at your own risk. B. The skate plaza is designed for skateboards, non - motorized bicycles, scooters, in- line skates and roller skates. C. All users must wear helmets, elbow pads, and knee pads at all times. D. Users 12 years and younger must be accompanied by an adult. E. No use of tobacco, alcohol and or drugs. F. No person shall change, alter, modify or introduce any apparatuses or lubricants within the skate plaza. G. All organized events shall have written approval from the Director of Parks & Recreation. H. No graffiti, tagging, stickers or etching. I. No food, drinks, or glass permitted inside the skate plaza. J. Do not use facility if hazardous conditions exist. K. The Skate Plaza hours of operation will be from dawn to dusk daily. The City Council authorizes the City manager to change hours of operation in an effort to maintain a safe, clean and enjoyable environment. 10.20.050 — Penalty for Violation A. Any persons violating or failing to follow and comply with any of the regulations set forth in this Chapter 10.20 may be removed from the skate plaza. B. In addition to the penalties so described, any police officer, code enforcement officer, community services officer or any other person authorized to issue citations shall have the authority to impound any skateboard or other wheeled recreational device. Upon impound of any skateboard or wheeled recreational device as provided herein, the owner of such device shall be issued a citation. Said citation will serve as a receipt that has pertinent information for claiming their device. a. Upon presentation of receipt, the owner may claim the impounded device at the Rosemead Public Safety center during business hours. If the owner is a minor, such owner may claim the impounded device if accompanied by a parent or guardian. b. If the impounded device is not claimed within sixty (60) days after the date of impoundment, the City may dispose of the unclaimed item (s) by destruction or public sale at auction. SECTION 2. Severability. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. SECTION 3. Publication. The City Clerk is directed to certify this ordinance and cause it to be published in the manner required by law. SECTION 4. Effective Date. This ordinance will be effective 30 days after adoption. PASSED, APPROVED AND ORDAINED this XX day ofXX, 2016. Sandra Armenta, Mayor APPROVED AS TO FORM: ATTEST: Rachel Richman, City Attorney Marc Donohue, City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) § CITY OF ROSEMEAD ) I, Marc Donohue, City Clerk of the City Council of the City of Rosemead, California, do hereby certify that the foregoing Ordinance No. 966, was introduced at a regular meeting of the City Council of the City of Rosemead held on the 8 th day of November, 2016 and was adopted by the City Council of the City of Rosemead at a regular meeting held the XX day of XX, 2016, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Marc Donohue, City Clerk