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HomeMy WebLinkAboutORD 1506 (2020) DocuSign Envelope ID:71 D71 E132-71 B6-4F47-A23D-F6C9ECCB59FC ORDINANCE NO. 1506 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADDING NEW SECTION 7115 TO CHAPTER 1 (PARKS) OF ARTICLE 7 (PUBLIC FACILITIES) OF THE TUSTIN CITY CODE REGARDING SKATEBOARD PARK RULES AND REGULATIONS The City Council of the City of Tustin does hereby ordain as follows: SECTION I. New Section 7115 is hereby added to Chapter 1 (Parks) of Article 7 (Public Facilities) of the Tustin City Code to read as follows: 7115— Skatepark Rules and Regulations a. In addition to the general park rules and regulations provided in this chapter, the following provisions shall apply to any City skatepark. As used in this section, the term "skatepark" shall mean any facility owned and operated by the City of Tustin that is designed and maintained for recreational skateboard, scooter, bicycle, in-line skate, roller skate, and/or wheelchair use- (11) se:(1) No person shall utilize the skatepark for anything other than skateboard, scooter, bicycle, in-line skate, roller skate and/or wheelchair use. Motorized conveyances, whether electric or gas powered, are prohibited. (2) Spectators are not allowed inside the skatepark. (3) All persons using the skatepark must wear a helmet, elbow pads, and knee pads. (4) No person shall place, position, erect, or use any outside equipment, obstacles, ramps, rails, or other similar objects inside the skatepark. (5) Except for recreation instructors employed or contracted by the City, no person or entity shall provide instruction, coaching, or teaching at the skatepark for any fee or compensation. No person shall pay another person at the skatepark for instruction, coaching or teaching. (6) No person or entity shall organize any group activity, demonstration, event, or competition at the skatepark without prior written permission from the Director of Parks and Recreation. (7) No person shall consume or possess food, beverages, glass bottles, or any breakable glass item in the skatepark. Ordinance No. 1506 Page 1 of 4 DocuSign Envelope ID:71 D71 EB2-71 B6-4F47-A23D-F6C9ECCB59FC (8) Notwithstanding any posted hours of operation, the Director of Parks and Recreation may, at their discretion, close the skatepark due to inclement weather or as may be needed for maintenance. (9) Skateboarding, scootering, bicycling, skating, or wheelchair riding outside the designated skatepark area in a City park is prohibited. This prohibition does not apply to the use of such devices as a means of transportation. The Director of Parks and Recreation is authorized and empowered to enact rules and regulations in addition to those set forth herein regulating the use of any skatepark which they deem appropriate, provided that signs describing such rules and regulations are posted and placed at each skatepark. b. Posting of Signs. Signs shall be posted in one or more conspicuous and visible area(s) at the skatepark to afford reasonable notice of the provisions of this Section, and that pursuant to California Health and Safety Code Section 115800, any person using the skatepark must wear a helmet, elbow pads, and knee pads, and that any person failing to do so will be subject to citation. c. Enforcement. (1) The privilege of any person to use the skatepark is expressly conditioned upon compliance with the provisions of this Section. Any violation of the provisions of this Section is unlawful and may be prosecuted pursuant to the provisions of Part 2 of Chapter 1 of Article 1 of this Code. (2) Any violation of any provision of this Section shall subject the violator to immediate evection from the skatepark and/or citation and prosecution. SECTION II. Effective Date. This Ordinance shall take effect on the 31St day after its adoption. The City Clerk or his or her duly appointed deputy shall certify to the adoption of the Ordinance and cause this Ordinance to be published as required by law. SECTION III. CEQA Exemption. The City Council finds that the proposed Ordinance is not subject to the California Environmental Quality Act ("CEQA"; Cal. Pub. Resources Code Section 21000 et seq.) pursuant to Section 15061(b)(3) of the State CEQA Guidelines (Cal. Code of Regs., title 14, Section 15000 et seq.) because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. SECTION XI. Severability. If any section, sub-section, clause or phrase in this Ordinance or the application thereof to any person or circumstances is for any reason held invalid, Ordinance No. 1506 Page 2 of 4 DocuSign Envelope ID:71 D71 E132-71 B6-4F47-A23D-F6C9ECCB59FC the validity of the remainder of this Ordinance or the application of such provisions to other persons or circumstances shall not be affected. PASSED AND ADOPTED, at a regular meeting of the City Council of the City of Tustin on this 21 st day of April, 2020. DR. ALLAN BERNSTEIN, Mayor `L t& g0'SVJ& ERICA N. YASUDA, City Clerk APPROVED AS TO FORM: DAVID E. KENDIG, City Attorney Ordinance No. 1506 Page 3 of 4 DocuSign Envelope ID:71 D71 EB2-71 B6-4F47-A23D-F6C9ECCB59FC STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) CERTIFICATION FOR ORDINANCE NO. 1506 I, Erica N. Yasuda, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, do 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 Ordinance 1506 was duly passed and adopted at a regular meeting of the Tustin City Council held on the 21 st day of April, 2020, by the following vote: COUNCILMEMBER AYES: Bernstein, Clark, Puckett, Cooper, Lumbard (5) COUNCILMEMBER NOES: (0) COUNCILMEMBER ABSTAINED: (0) COUNCILMEMBER ABSENT: (0) ERICA N. YASUDA, City Clerk Ordinance No. 1506 Page 4of4