HomeMy WebLinkAbout1999-05-04; City Council; NS-480; CMC 10.58 repeal/reeanct - Skateboarding...0 0
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ORDINANCE NO. NS-480
AN URGENCY ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF CARLSBAD, CALIFORNIA, REPEALING
OF THE CARLSBAD MUNICIPAL CODE
WHEREAS, the City of Carlsbad, pursuant to the police p
delegated to it by the California Constitution, has the authority to enact laws
AND RE-ENACTING TITLE IO, CHAPTER 10.58
promote the public health, safety and general welfare of its citizens: and
WHEREAS, the City of Carlsbad has constructed a skateboarc
for the community to provide a safe recreational environment for skateboardin
rollerblading; and
WHEREAS, the City has scheduled the grand opening c
skateboard park for May 8,1999; and
WHEREAS, the wearing of safety equipment including a hl
elbow pads, and knee pads will be mandatory for those using the park as posi
a sign and required by ordinance, pursuant to the provisions of Health and :
Code section 11 5800; and
WHEREAS, this ordinance is adopted pursuant to Government
section 36937 allowing the adoption of such urgency ordinance to take
immediately to ensure the immediate preservation of the health and safety
City of Carlsbad; and
WHEREAS, the requirement for wearing safety equipment, inc
helmet, elbow pads and knee pads when adopted by ordinance and post
signs at the skateboard park may also provide the City with immunity from I
for injuries occurring at the park pursuant to Health and Safety Code s
11 5800.
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WHEREAS, it is the intent of the City Council to extend this it
ordinance until Skateboarding Ordinance No. NS-475 is considered and acted
in due course.
NOW, THEREFORE, the City Council of the City of Carlsbad
ordain as follows:
SECTION I: That section 10.58.010 of the Carlsbad Municipal
is amended to read as follows:
“1 0.58.01 0 Skateboardins prohibited in Commercial Zone.
It is unlawful for any person to ride a skateboard, rollerb
rollerskates, toy vehicle, coaster or any other similar form of transportatil
private property open to the public in a general commercial zone, a neighbc
commercial zone, or in a tourist commercial zone where signs prohibiting
activity are posted by the owner of the property.”
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SECTION 11: That section 10.58.015 of the Carlsbad Municipal
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school property located within the City of Carlsbad when the school distric
enacted a policy prohibiting such activities and posted signs on school ground
ZLUrnQ $$$:- 16 It is unlawful for any person to ride a skateboard, rollerb
“10.58.01 5 Skateboardins Prohibited on school arounds.
LOUl 401 rollerskates, toy vehicle, coaster or any other similar form of transportation on
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SECTION 1II:T.hat section 10.58.020 of the Carlsbad Municipal
is amended to read as follows:
“I 0.58.020 Skateboardins prohibited in Redevelopment Area. It is unlawful for any person to ride a skateboard at the fol
locations:
On any sidewalk, public street, public parking lot or public prop
the Village Redevelopment zone (V-R), as shown in the Carlsbad villagc
redevelopment plan and as further shown on the attached map labeled “Ext-
and found on file in the City Clerk‘s office.
SECTION IV:That section 10.58.025 of the Carlsbad Municipal
is amended to read as follows:
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‘70.58.025 Skateboarding Drohibited where posted.
Skateboarding is prohibited on public real property where
prohibition is posted by signs. A list of locations where skateboarding is I
prohibited shall be on file in the City Clerk’s office. The list may be amende
time to time by Resolution of the City Council.’’
SECTION V: That Title IO, Chapter 10.58 of the Carlsbad Muni
Code is amended by the addition of section 10.58.030 to read as follows:
“10.58.030 Skateboarding prohibited at Public Buildinqs.
It is unlawful for any person to ride a skateboard, rollerb
rollerskates, toy vehicle, coaster or any other similar form of transportation
Carlsbad City Hall, the Senior Center located at 801 Pine Avenue the
Center, fire stations, libraries and their adjacent sidewalks, landscape barrie
parking lots.”
SECTION VI: That section 10.58.040 of the Carlsbad Municipal
is amended to read as follows:
“1 0.58.040 Prohibition for Public Drainaqes, Sports Facilitie
Public Buildinqs.
No person shall ride a skateboard, rollerblades, roller skates, cc
bicycle, toy vehicle or any other similar form of transportation in any public drz
facility, culvert, ditch, or channel; or on any athletic/sports courts, or gymnasiul
SECTION VII: That Title IO, Chapter 10.58 of the Carlsbad Mu1
Code is amended by the addition of section 10.58.060 to read as follows:
“1 0.58.060 Safely Equipment Reauired In Skateboard Parks.
It is unlawful for a person to ride anything other than a skatebo
rollerblades in the City-owned skateboard park and to neglect to wear
equipment including a helmet, elbow pads and knee pads where the requirl
for wearing such safety equipment in the skateboard park is posted by a sign.’
SECTION Vlll: This urgency ordinance shall take effect immec
upon adoption.
DECLARATION OF URGENCY: This ordinance is hereby der
to be an urgency ordinance adopted as an emergency measure to protel
public health, safety and welfare pursuant to Government Code section 36s
and shall take effect immediately upon its adoption. The facts constitutir
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urgency are those set forth above and represent a current and immediate thl
the public health, safety or general welfare of the citizens of Carlsbad.
EFFECTIVE: This urgency ordinance shall be effective imme
upon passage and shall be of no further force and effect as of the date of ad
of the skateboarding ordinance.
SEVERABILITY CLAUSE: If any section, subsection, sen
clause, phrase or part of this urgency ordinance is for any reason held to be
or unconstitutional by the final decision of any court of competent jurisdiction
decision shall not affect the validity of the remaining parts of this UI
ordinance. The City Council hereby declares that it would have adoptf
ordinance and each section, subsection, sentence, clause, phrase or part t
irrespective of the fact that any one or more of the sections, subse
sentences, clauses, phrases or parts are declared invalid or unconstitutional,
INTRODUCED, PASSED, AND ADOPTED at a regular meeting
City Council of the City of Carlsbad on the 4 th day of May , 1999,
following vote, to wit:
AYES: Council Members Hall, Nygaard, Finnila & Kulchin
NOES: None
ABSENT: Council Member Lewis
,
MATT &ALL, Mayor Pro Tern
ATTEST:
-HA k="#?bJhEf&kANZ, City Clerk
KAREN R. KUNDTZ, Assistant City ClerQ
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BUAKUINCL PKUWITED IN CARL BAD REDEVELOPMENT AREA
OUTLINED BELOW
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EXHIBIT A