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HomeMy WebLinkAbout1127 Amend City Code sec 1965 add sec 2000.3 Chap 5 div 1ORDINANCE NO. 1127 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING SECTION 1965 AND ADDING SECTION 2000.3 TO CHAPTER 12 (PARKS AND RECREATION FACILITIES) OF DIVISION 1 (GOVERNMENT) OF THE UKIAH CITY CODE The City Council of the City of Ukiah hereby ordains as follows: SECTION ONE Section 1965 of the Ukiah City Code is amended to read as follows: SECTION 1965: FACILITIES: The following described parcels of land are parks and recreation facilities of the city and shall be known by the names indicated: A.Todd Grove municipal park: Bounded by Walnut, Live Oak Avenue, and Park Boulevard; B.Giorno park: Situated next to Anton stadium and lying between Giorno Avenue and Park Boulevard; C.Carpenter park: Bounded by Clay Street and Main Street; D.McGarvey park: Bounded by Stephenson, Bush, Dora, and Clay Streets; E.Oak Manor park: Bounded by Oak Manor Drive, Gobbi, and Gibson Streets; F.Seminary Avenue: Bounded by Oak and State Streets; G.Vinewood park: Situated between Elm and Pine Streets; H.Municipal golf course: Situated along Live Oak Avenue and Park Boulevard; I.Gardner Pocket park: Situated within parking lot A; J.Alex R. Thomas, Jr., Plaza: Bounded by State, School, and Clay Streets; K.Observatory park: Situated between Observatory Avenue and Luce Avenue; L.Orchard park: Bounded by Orchard Avenue and Cindee Drive; M.Riverside park: Situated at the east end of Gobbi Street and bordered on the east by the Russian River. N. City View Trail: Situated on the City-owned property above the Ukiah Municipal Golf Course in the lower western hills. The 1.5 mile looped trail begins and ends at a point in Low Gap Regional Park. 0. Ukiah Skate Park on a portion of the City-owned property known as Mendocino County Assessor's Parcel No. 001-020-09 adjoining the County Regional Park on Low Gap Road, which is improved with a Skate Park. SECTION TWO Section 2000.3 is added to the Ukiah City Code to read as follows: SECTION 2000.3: UKIAH SKATE PARK RULES AND REGULATIONS: 1. PURPOSE. The purpose of this section is to comply with California Health and Safety Code Section 115800 that requires a public agency that owns or operates a skate park facility to adopt an ordinance requiring persons riding skateboards, in-line skates, and other self-propelled wheeled apparatus at said facility to wear a helmet, elbow pads, and knee pads. 2. DEFINITIONS. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning. CONTROLLED SUBSTANCE. Any substance listed in California Health and Safety Code Sections 11054-1056, as amended from time to time. DAWN. One (1) hour prior to sunrise. DUSK. One (1) hour after sunset. ELBOW PADS AND/OR KNEE PADS. Protective devices that are partially constructed of durable foam-like materials for ground shock resistance that are fitted and fastened to cover the elbows and knees (respectively) and are specifically designed and manufactured to absorb the impact of a fall. HELMET. A properly fitted and fastened protective device that meets the standards of either the American Society for Testing and Materials (ASTM) or the United States Consumer product Safety Commission (CPSC) that is worn on the head and is specifically designed and manufactured to absorb the impact of a fall. IN-LINE SKATES. Any device which may be attached to the foot or footwear, to which wheels are attached "in-line" and where such wheels are used to aid the wearer in moving or propulsion. ROLLER SKATES. Any device which may be attached to the foot or footwear, to which four wheels or rollers are attached and where such wheels are used to aid the wearer in moving or propulsion. 2 SKATEBOARD. A mechanism with wheels that are fastened to a platform, commonly constructed to accommodate a standing person. Skateboards are normally propelled by the operator pushing off the ground with one (1) foot, or by the force of gravity. SKATE PARK. A facility designed and constructed for recreational use for persons using in-line skates, roller skates, and skateboards, located at Low Gap County Park on Low Gap Road, Ukiah. 3. HELMETS, ELBOW PADS AND KNEE PADS REQUIRED. No person shall be permitted to ride skateboards, in-line skates, or roller skates in the Skate Park unless that person is wearing a helmet, elbow pads, and knee pads. Any person who does not wear a helmet, elbow pads, and knee pads as defined herein shall be deemed to be in violation of this ordinance. 4. POSTING OF SIGNS AT SKATE PARK. Signs shall be posted at the Skate Park giving notice that any person riding a skateboard, in-line skates, or roller skates must wear a helmet, elbow pads, and knee pads, and that any person failing to do so will be subject to citation and prohibition of use of the facilities for one year. Signs shall also be posted setting rules for use of the Skate Park, and violation thereof will be subject to citation. An example of a sign conforming to the requirements of this subsection 4 is attached hereto as Exhibit A. 5. REGULATION OF USE AND RULES OF CONDUCT. Any person using the Skate Park shall comply with the following rules and regulations: A. The hours of use of the Skate Park shall be from dawn to dusk. Use of the park at any other time is prohibited unless a special permit is secured and approved by the City Manager or his or her designee. B. No skating when wet, raining, during routine maintenance periods, or when facility is closed to the public. C. While in-line skating, roller skating, or skateboarding, the participant may only use those areas designated for skateboarding or related skating activities. D. While using the facility, the participant must use personal safety equipment comprised of at least a helmet, elbow pads, and knee pads. E. No food or drink shall be allowed in the skating area of the Skate Park. F. No glass containers shall be allowed in the Skate Park. G. No littering or disposal of household refuse shall be allowed at the Skate Park. H. No barbecues or fires are allowed at the Skate Park. 1. No moveable obstacles or materials (i.e. ramps, jumps, or obstacles) shall be allowed in the park. No modifications to the skating surface or features are allowed. No skating on park structures not specifically designed for that purpose. No skating on curbs, driveways, or parking lots. J. The use of bicycles, motorized vehicles, go-peds, other wheeled devices is not permitted in the Skate Park. K. No pets shall be allowed in the Skate Park. L. No amplified sound (i.e. stereos, radios, or similar devices) shall be allowed in the Skate Park unless permitted and approved by the City Manager or his or her designee. M. Any act of vandalism, including the placement of graffiti, anywhere in or on the park is prohibited. The Skate Park will be closed until any graffiti is removed and/or any other act of vandalism is remedied or repaired. In addition to other penalties provided herein, any person committing an act of vandalism in the 3 Skate Park, including putting graffiti on any part of the Skate Park, shall pay for the cost of removal and damages relating thereto. N. Personal conduct and behavior. The following are prohibited in the park area at all times: 1. Possession or use of any controlled substance or alcohol; 2. Being under the influence of any controlled substance or alcohol; 3. Fighting, aggressive behavior, or other forms of violence; 4. Abusive, profane, or foul language; 5. Possession or use of firearms, knives, or other weapons of any kind; and 6. Smoking or use of tobacco products. 0. Everyone shall treat each other with respect and courtesy. 5. ORGANIZED EVENTS - APPROVAL REQUIRED. Organized events require the prior approval of the City Manager or his or her designee. Applicants for organized events shall obtain a permit from the Community Services Department. 6. PENALTY FOR VIOLATION AND ENFORCEMENT OF RELGULATIONS. Violation of this Section shall be deemed an infraction punishable by a fine of $100 or a first offense, $250 for a subsequent offense, and $500 for a third and any additional offenses thereafter. Multiple (three or more) violations of this section within a twelve- month period may be charged and prosecuted as misdemeanors. The Director of Parks and Recreation or his or her designee may prohibit any person citable for a violation of this section from using the Skate Park for a period of up to one (1) year, the length of such exclusion to be based on the age of the violator, the risk of injury posed by the violation, and the degree of willfulness of the violation. Any person who has been excluded from the Skate Park and violates that exclusion shall be in violation of this Section. The City Manager or his or her designee may close the Skate Park to public use for any period of time, if he or she determines that violations of this section have become excessive and beyond the enforcement capacity of the City. In the event of closure, signs to that effect shall be posted and any public use of the Skate Park during such a closure shall constitute a violation of this Section. SECTION TWO 1. COMPLIANCE WITH CEQA. The City Council finds that this ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment), 15061(b)(3) (there is no possibility the activity in question may have a significant effect on the environment.) 2. SEVERABILITY. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance and the application of such provision to other persons or circumstances shall not be affected thereby. The City Council hereby declares that it would have adopted this Ordinance and any section, subsection, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional or otherwise invalid. 4 3. EFFECTIVE DATE. This Ordinance shall be published as required by law in a newspaper of general circulation in the City of Ukiah, and shall become effective thirty (30) days after its adoption. Introduced by title only on October 6, 2010, by the following roll call vote: AYES: Councilmember Landis, Crane, Rodin, Baldwin, and Mayor Thomas NOES: None ABSENT: None ABSTAIN: None Adopted on October 20, 2010, by the following roll call vote: AYES: Councilmember Landis, Crane, Rodin, Baldwin, and Mayor Thomas NOES: None ABSENT: None ABSTAIN: None Benj Th mas, Mayor ATTEST: Anne Currie, City Clerk 5 Exhibit A UKIAH SKATE PARK RULES HOURS OF USE Dawn to Dusk (unless otherwise posted) HELMETS, ELBOW PADS AND KNEE PADS MUST BE WORN AT ALL TIMES No person shall be allowed to use the skate park without wearing a helmet, elbow pads and knee pads PARK USE REQUIREMENTS Obey the rules and regulations Act with respect and courtesy PROHIBITED IN THE PARK Skating or skateboarding outside designated areas Drugs, alcohol or being under the influence Fighting or other violence Firearms, knives or other weapons Smoking or use of tobacco products Amplified sound Food or drink Bicycles or scooters Moveable obstacles or materials such as ramps and jumps GRAFFITIIVANDALISM WILL RESULT IN PARK CLOSURE TRESPASSING AND VIOLATING RULES AND REGULATIONS IS UNLAWFUL PENALTIES INCLUDE CITATION, PROSECUTION, FINES AND LOSS OF USE PRIVILEGES 6