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HomeMy WebLinkAboutOrdinance 204 ORDINANCE 204 AN ORDINANCE AMENDING THE SARATOGA CITY CODE CONCERNING PARKS FOR SKATEBOARDING AND IN-LINE SKATING THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS: Section 1. Findings. A. The City of Saratoga has witnessed an increased demand for public skate park facilities for the enjoyment of skateboarders and in-line skaters. The Saratoga City Code currently prohibits anyone from riding a skateboard upon any driveway, roadway, parking area, or tennis court within a City park. B. Skateboarding and in-line skating create a substantial risk of serious injury. The risk of injury is increased where the skateboarder is engaged in stunt or trick skateboarding. All skateboarding at skate parks, because of its nature and purpose, is stunt or trick skateboarding. C. The severity of injuries from skateboarding and in-line skating can be reduced by wearing a helmet, elbow pads, and kneepads. However, even where precautions are taken to reduce the severity of injuries, skateboarding and in-line skating are dangerous activities. D. In order to allow skateboarding at skate parks in City parks, section 2.1 of this ordinance amends Section 11-05.030(0) ofthe Saratoga City Code to exempt skateboarding at City skate parks from the general prohibition against skateboarding upon paved areas of City parks. E. In order to reduce the severity of injuries caused by skateboarding and in-line skating at City skate parks, Section 2.2 of this ordinance adds Section 11-05.080 to the Saratoga City Code to require that skateboarders and in-line skaters wear a helmet, elbow pads, and knee pads at City skate parks; and to require that signs be posted stating the rules for skateboarding and in-line skating at City skate parks. Section 2.1. Skateboarding Allowed at Skate Parks. Section 11-05.030(0) of the Saratoga City Code is hereby amended as shown below. Text inserted by this section 2.1 is indicated in bold, double-underlined font (examnle); text deleted by this ordinance is indicated in strikeout font ( oxample). Text in standard font is unchanged by this ordinance. (0) Ride or propel a skateboard upon any driveway, roadway, parking area or tennis court within such park, except within a skate park established by the City in accordance with Section 11-05.080. Section 2.2. Skate Parks. Section 11-05.080 is hereby added to the Saratoga City Code, to read as set forth below: Section 11-05.080 Skate Parks. (a) Safety Equipment. No person shall use a skateboard or in-line skates at any skate park unless that person is wearing a helmet, elbow pads, and kneepads In addition, no person shall use in-line skates at any skate park unless that person is wearing wrist guards. (b) Signs. Signs shall be posted conspicuously at every skate park stating the following: (i) that no person shall use a skateboard or in-line skates at the skate park unless that person is wearing a helmet, elbow pads, and knee pads; (ii) that any person failing to wear a helmet, elbow pads, and knee pads while using a skateboard or in-line skates at the skate park is subject to citation; (iii) that the skate park is not supervised; and (iv) that even when precautions are taken, skateboarding and in-line skating are dangerous activities. The sign may also state other rules promulgated by the City Manager or his designee pursuant to this section. No person shall use a skateboard or in-line skates at a skate park unless signs are posted at the skate park in accordance with this section. (c) Skate Park. For purposes of this Article II, a skate park is any temporary or permanent facility owned or operated by the City that is designed and maintained for the purpose of recreational skateboard or in-line skate use. The boundary of a skate park is defined by fencing surrounding the park or, in the case of temporary facilities, by cones or other markers placed at the perimeter of the area in which skating is allowed. Section 3. Severance Clause. Each section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance is severable and independent of every other section, sub-section, paragraph, sub- paragraph, sentence, clause and phrase of this ordinance. If any section, sub-section, paragraph, sub-paragraph, sentence, clause or phrase of this ordinance is held invalid, the City Council declares that it would have adopted the remaining provisions of this ordinance irrespective of the portion held invalid, and further declares its express intent that the remaining portions of this ordinance should remain in effect after the invalid portion has been eliminated. Section 4. Publication. The City Clerk shall cause this ordinance or a summary thereof to be published once in a newspaper of general circulation of the City of Saratoga within fifteen days after its adoption. Section 5. Effective Date. This Ordinance shall take effect thirty days after the date of its adoption. Section 6. CEQA Compliance. The City Council finds and determines that the enactment ofthis Ordinance is not a "project" as that term is used in the California Environmental Quality Act ("CEQA") (Cal. Pub. Res. Code § 21000 et seq.) or the State CEQA Guidelines (Cal. Code of Regs. , Title 14, § 15000 et seq.). Therefore, no environmental assessment is required or necessary. The foregoing ordinance was introduced and read at the regular meeting of the City Council of the City of Saratoga held on the 15th day of May, 2002, and was adopted by the following vote following a second reading on the 5th day of June, 2002: AYES: Councilmembers Stan Bogosian, Ann Waltonsmith, Vie Mayor Evan Baker, Mayor Nick Streit NOES: None ABSTAIN: None ABSENT: Councilmember John Mehaffey N~- NICK STREIT, MAYOR, CITY OF SARATOGA, APPROVED AS TO FORM: -- - , ---.. CITY ATTORNEY