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HomeMy WebLinkAbout21 SKATEBOARDING ACT 08-02-99AGENDA NO. 21 8-2-99 DATE: August 2, 1999 Inter-Com TO: FROM' SUBJECT: WILLIAM A. HUSTON, CITY MANAGER PARKS AND RECREATION SERVICES ORDINANCE NO. 1219- REGULATION OF ROLLERSKATING AND SKATEBOARDING ACTIVITIES RECOMMENDATION: Introduce and have first reading of Ordinance 1219 and set for second reading at the City Council August 16, 1999 meeting. FISCAL IMPACT: The City Council may establish fees for processing petitions for no rollerskating or skateboarding areas. All costs related to the posting and purchasing of signs for private property would be borne by the property owners or tenants who submit a petition The City Council may establish fees to cover the costs of developing, printing and posting of restricted use. Violations of the ordinance can result in a $25 fine while second violations may be subject to a fine of $50. The Police Department will handle enforcement. BACKGROUND AND DISCUSSION: The Parks and Recreation Department, Public Works and the Police Department have received a significant number of complaints describing hazardous conditions to pedestrians and property damage caused by individuals rollerskating and skateboarding. As reported by the Parks and Recreation Department these activities have resulted in ongoing damage to our parks and other city facilities. Recent increases in complaints regarding hazardous conditions and property damage has prompted the City Council to enact remedial measures to regulate rollerskating and skateboarding. The purpose of the ordinance is to protect the health, safety and welfare of city residents by restricting areas of use. Under regulations provided by this Ordinance anyone using or riding rollerskates or skateboards or similar devices on public or private property designated by Resolution and properly posted would be subject to penalty. In addition, it would be unlawful to ride rollerskates, skateboards or similar devices upon the roadway of any public street except cul-de-sacs of five hundred feet or less in length. The Ordinance contains provisions for property owners or tenants of owners to submit petitions to City Council to designate by Resolution no rollerskating or skateboarding areas. Exemptions are included to allow the use of devices for infants, the handicapped or incapacitated persons and devices used to transport merchandise. The City Attorney has reviewed and approved the proposed ordinance as to content and form To .expedite the process the Director of the Parks and Recreation Department is concurrently submitting a Resolution to designate city parks as no rollerskating or skateboarding areas. After a second reading of the Ordinance and upon approval of the Resolution the City would post signage at all city parks and the Police Department could begin enforcement. Patrick Sanchez Director, Parks and Recreation Services Attachments: Ordinance 1219 PARKSRECONADMIN/STAFF REPORTS/ORDINANCE1219 LAW OFFICES OF WOODRUFF~ SPRADLIN & A PROFESSIONAL CORPORATION .RT MEMORANDUM TO: FROM' DATE: RE: Patrick Sanchez, Director of Parks and Recreation Services City of Tustin City Attorney July 7, 1999 Request for Preparation of Municipal Ordinance Regulating Rollerskating and Skateboarding Activities on Private Property and Public Property Other Than Streets We wish to thank Officer Velko for providing us with a draft of the Ordinance. As discussed herein, we decided to separate the existing code section prohibiting skateboarding on streets from these new regulations because they deal with both public and private property, other than streets. Amending Article 6 of the Tustin City Code, Public Welfare, to Include a New Chapter 8 Regulating Rollerskating and Skateboarding Activity. Pursuant to your request, enclosed is a finalized copy of a proposed Ordinance amending the Tustin City Code to include the regulation of rollerskating and skateboarding activity on public and private property other than streets. As you are aware, the enclosed Ordinance is modeled after a similar Ordinance our office prepared on behalf of the City of Laguna Hills. However, because of organizational and technical considerations unique to the Municipal Codes of each city, it was necessary for us to redraft and reformat the Ordinance to ensure its internal consistency with the Tustin City Code; For purposes of clarification, accessibility, and to ensure that the new regulations regarding the above-reference matter fit with the existing subject matter of the Tustin City Code, the proposed Ordinance has been assigned a new chapter and a new title within existing Article 6 of the Tustin City Code. Article 6 deals with various Public Welfare regulations. As a practical matter, the regulation of rollerskating and skateboarding activity logically fits into the scope of Article 6, and the expandable numbering system of the Tustin City Code is designed to allow for the incorporation of new material without disturbing the numbering system of existing material. In this regard, it was not necessary to amend, delete, or repeal any portion of the existing Section 5343 that pertains to the regulation of skateboarding on streets and highways. 107131\1 Patrick Sanchez, 'Direc,. City of Tustin July 7, 1999 Page 2 of Parks and Recreation Servic. II. When can the Proposed Ordinance be Applied to Specific Areas such as a City Park? With the exception of urgency ordinances, no ordinance may be passed within five (5) days of its introduction. Government Code §36934. Therefore, two (2) readings are required by the City Council - one to introduce the Ordinance and a second to adopt the Ordinance. As you know, ordinances may only be passed at a regular meeting or at an adjourned regular meeting. Except for urgency ordinances, ordinances may not be passed at a special meeting. An ordinance passed by the City Council in violation of Government Code §36934 is invalid and ineffective, regardless of the subject matter. National Independent Business Alliance v. City of Beverly Hills, 128 CaI.App.3d 13 (1982). In accordance with the proposed §6820, the City Council must first adopt the proposed Ordinance before it may adopt a Resolution designating any public sidewalk or other public property as a no rollerskating or skateboarding area. Ordinances take effect on the thirty-first (31st) day after adoption. For purposes of expediency, we recommend that the aforementioned Resolution designating the desired areas of public property be prepared and brought before the City Council concurrently with the City Council's second reading of the Ordinance. This will ensure the designation of certain known problem areas in an expeditious manner and will allow City staff time to install the signs required by §6840 by the time the Ordinance becomes effective. If you are planning to designate parks, no special notice is required, and the Resolution may be brought forward by the Director of Parks and Recreation. We have enclosed a sample Resolution. If you have any questions or concerns, please feel free to contact our office. LOIS E. JEFFREY(.// ~/ tJ -' GR~G~SIMO~IAN CC: Enclosures · William A. Huston, City Manager Tim Serlet, Director of Public Works/City Engineer Steve Foster, Chief of Police Mike Velko, Area Resource Officer George Vallevieni, Community ResOurces Officer 107131\1 1 2 3. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 ORDINANCE NO. 1219 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING ARTICLE 6 OF THE TUSTIN CITY CODE TO INCLUDE CHAPTER 8 WHICH REGULATES ROLLERSKATING AND SKATEBOARDING ON PRIVATE OR PUBLIC PROPERTY OTHER THAN STREETS The City Council of the City of Tustin does hereby find and ordain as follows: SECTION 1. PURPOSE AND FINDINGS (a) The City of Tustin Parks and Recreation Services Department and Police Department have received a significant number of complaints from business owners, school officials, pedestrians, and residents describing the hazardous conditions to pedestrians and property damage caused by individuals riding rollerskate and skateboard devices throughout the City of Tustin. (b) Significant increases in complaints regarding the creation of hazardous conditions and the commission of public and private property damage by individuals riding rollerskate and skateboard devices throughout the City of Tustin has prompted the City Council to adopt remedial measures regulating rollerskating and skateboarding activity. (c) The pUrpose of this ordinance is to protect the public health, safety, and welfare by reducing the incidence of public and private property damage and by preventing personal injury to others associated with rollerskating and skateboarding activity within the City of Tustin. SECTION 2. A new title page designated as Chapter 8 is added to Article 6 of the Tustin City Code to read as follows: REGULATION OF ROLLERSKATING AND SKATEBOARDING ON PRIVATE OR PUBLIC PROPERTY OTHER THAN STREETS 68OO 6810 6820 683O 684O 6850 6860 6870 DEFINITIONS GENERAL PROHIBITION DESIGNATION OF PUBLIC PROPERTY AS A NO ROLLERSKATING OR SKATEBOARDING AREA DESIGNATION OF PRIVATE PROPERTY AS A NO ROLLERSKATING OR SKATEBOARDING AREA POSTING OF SIGNS REQUIRED, CONTENT FEES SET BY RESOLUTION PENALTIES EXEMPTIONS SECTION 3. Article 6 of the Tustin Municipal Code is hereby amended to include Chapter 8, commencing with Section 6800, and shall read as follows: 107025\1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 6800 DEFINITIONS AS used in this Chapter, the following terms shall have meanings as set forth below. "Business District" shall be defined as designated in Section 235 of the California Vehicle Code. "Private Property" shall mean any property held by private interests that are used primarily for business, commercial, or recreational purposes. "Public Property" shall mean any property owned or maintained by the City of Tustin or by the Tustin Unified School District. "Rollerskate" shall mean any footwear, or device which may be attached to the foot or footwear, to which wheels, are attached and such wheels may be used to aid the wearer in moving or propulsion. "Skateboard" shall mean a board of any material, which has wheels attached to it and which is propelled or moved by human, gravitational, or mechanical power, and to which there is not fixed any device or mechanism to turn or control the wheels. 6810 GENERAL PROHIBITION (a) It shall be unlawful and subject to penalty in accordance with Section 6860 of this Chapter for any person utilizing or riding upon rollerskates, skateboards, or similar devices to ride or move about in or on any public or private property when such property has been designated by Resolution of the City Council and posted as a no rollerskating or skateboarding area. (b) It shall be unlawful and subject to penalty in accordance with Section 6860 of this Chapter for any person utilizing or riding upon rollerskates, skateboards, or similar devices to ride upon the roadway of any public street, excepting cul-de-sac streets of five hundred (500) feet or less in length. 6820 DESIGNATION OF PUBLIC PROPERTY AS NO ROLLERSKATING OR SKATEBOARDING AREA The City Council may, upon review and recommendation by the City Engineer or Director of Parks and Recreation, in the case of parks, designate any public sidewalk or other public property as a no rollerskating or skateboarding area. The City Council shall designate such area by Resolution and order the posting of appropriate signage in accordance with Section 6840 of this Chapter. Notice of the City Council's proposed designation shall be provided as follows: (a) For sidewalks on highways, listed in the Master Plan of Arterial Highways, the City Clerk shall cause notice of City Council consideration of such action to be 107025\1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 published in a newspaper of general circulation at least (5) days prior to the City Council consideration. (b) For other sidewalks and other public property, except parks, the City Clerk shall cause notice of City Council consideration by means of posting such notice along the highway or sidewalk or on the public property. (c) Agenda notice of the consideration of a park as a no rollerskating or skateboarding area shall be sufficient. 6830 DESIGNATION OF PRIVATE PROPERTY AS NO ROLLERSKATING OR SKATEBOARDING AREA The City Council may, by Resolution, designate any private property within a business district, or which is primarily used for commercial or recreational purposes, as a no rollerskating or skateboarding area. The City Council may so designate such private property subject to the following: (a) If the property is ownedoccupied property, the property owner shall submit a written petition requesting a designation of no rollerskating or skateboarding area. (b) If the property is occupied by tenants of the owner, then the tenants shall submit a written petition by a majority of the tenants on the property supporting a designation of a no rollerskating or skateboarding area and the petition shall also contain the written consent of the property owner. (c) The City Clerk shall cause notice of City Council consideration of this petition to be mailed to all tenants in the subject private property as well as to the owner at least (5) days prior to City Council consideration. The City Council may approve or deny the request for designation of the no rotlerskating or skateboarding area. 684O POSTING OF SIGNS REQUIRED, CONTENT Pursuant to this Chapter, prior to the enforcement of the prohibition of rollerskating or skateboarding, the area so designated shall be posted with signs that provide substantially as follows: "Rollerskating and Skateboarding are Prohibited by Tustin Municipal Code. Any Violation is Punishable by a Fine of $25.00 for a First Offense." Such prohibition shall apply to the property or area so designated once posted in plain view at all entrances to the property or area, and on signs which are not less than 17 by 21 inches in size with lettering not less than one inch in height. All costs relating to the posting and obtaining of the signs for private property shall be the responsibility of 107025\1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 the property owners or tenants who submitted the written petition described in Section 6830. 6850 FEES SET BY RESOLUTION The City Council may, by Resolution, establish fees for the receipt and processing of petitions for no rollerskating or skateboarding areas. In addition, the City Council may, by Resolution, establish fees sufficient to cover the costs of developing, printing, and posting the areas designated pursuant to this Chapter. 6860 PENALTIES Any violation of this Chapter is deemed an infraction, punishable by a fine of Twenty-Five Dollars ($25.00). A Second violation of this Ordinance shall be punishable by a fine of Fifty Dollars ($50.00), and a Third and subsequent violation shall be deemed a misdemeanor. 6870 EXEMPTIONS Any devices designed, intended, and used solely for the transportation of infants, the handicapped, or incapacitated persons, or devices designed, intended, and used for the transportation of merchandise to and from the place of purchase and other wheeled devices, when being used for either of these purposes, shall be exempt from the provisions of this Chapter. Furthermore, the City Council may, by Resolution, suspend the enforcement of the provisions of this Chapter to accommodate special events when so requested by the event organizer. SECTION 4. SEVERABILITY If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining pOrtions of this Ordinance. The City Council of the City of Tustin hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. PASSED AND ADOPTED, at a regular meeting of the City Council for the City of Tustin on this day of ,1999. TRACY WILLS WORLEY, Mayor PAMELA STOKER, City Clerk )7025\1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DESIGNATING CEDAR GROVE PARK, FRONTIER PARK, HERITAGE PARK, CAMINO REAL PARK AND PEPPERTREE PARK AS NO ROLLERSKATING AND SKATEBOARDING AREAS WHEREAS, the City of Tustin Parks and Recreation Services Department and Police Department have received a significant number of complaints from business owners, school officials, pedestrians, and residents describing the hazardous conditions to pedestrians and property damage caused by individuals riding rollerskate and skateboard devices throughout the City of Tustin; and WHEREAS, significant increases in complaints regarding the creation of hazardous conditions and the commission of public and private property damage by individuals riding rollerskate and skateboard devices throughout the City of Tustin prompted the City Council to adopt remedial measures regulating rollerskating and skateboarding activity; and WHEREAS, to protect the public health, safety, and welfare, the City Council adopted Ordinance No. __., regulating rollerskating and skateboarding on private and public property other than streets, in an effort to reduce the incidence of public and pdvate property damage and to prevent personal injury to others associated with such activity within the City of Tustin; and WHEREAS, in accordance with Ordinance No.~ and on recommendation from the City Engineer and the Director of Parks and Recreation, the. Tustin City Council hereby finds and declares that Cedar Grove Park, Frontier Park, Heritage Park, Camino Real Park, and Peppertree Park should be designated as no rollerskating and skateboarding areas. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS: SECTION 1: Pursuant to Section 6820 of the Tustin City Code, the City Council hereby declares that Cedar Grove Park, located at 11385 Pioneer Road, Tustin, California, Frontier Park, located at 1400 Mitchell Avenue, Tustin, California, Heritage Park, located at 2350 Kinsman Circle, Tustin, California, Camino Real Park, located at 13602 Parkcenter Lane, Tustin, California, and Peppertree Park, located at 230 West First Street, Tustin, California, shall be designated as no rollerskating and skateboarding areas. SECTION 2: Pursuant to Section 6840 of the Tustin City Code, the Tustin City Council hereby directs that Cedar Grove Park, located at 11385 Pioneer Road, Tustin, California, Frontier Park, located at 1400 Mitchell Avenue, Tustin, California, Heritage Park, located at 2350 Kinsman Circle, Tustin, California, Camino Real Park, located at 13602 Parkcenter Lane, Tustin, California, and Peppertree Park, located at 230 West First Street, Tustin, California, be posted with signs that provide substantially as follows: "Rollerskating and Skateboarding are Prohibited by Tustin Municipal Code. Any Violation is Punishable by a Fine of $25.00 for a First Offense." 1100-00012 24101_1 -1- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 SECTION 3' This Resolution has been reviewed and adopted concurrently with Ordinance No. , and the effective date of this Resolution shall be the date Ordinance No. ~ was approved and adopted by the Tustin City Council. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin on the__ day of ,1999. TRACY WILLS WORLEY, MAYOR ATTEST: ' PAMELA STOKER CITY CLERK ., STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) RESOLUTION NO. 99- Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certifY that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution was passed and adopted at a regular meeting of the City Council held on the ~ day of ., 1999 by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: PAMELA STOKER City Clerk 1100-O0012 24101_1 -2-