HomeMy WebLinkAbout1992-10-20; City Council; 11935; SKATEBOARD COMMITTEEq6 CC)Y OF CARLSBAD - AGEQA BILL PC rf/
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MTG. 10-20-92 CITY AT SKATEBOARD COMMITTEE
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Adopt Resolution No. (32-3 /6 appointing a skateboard committee of seven
members to investigate skateboard areas and facilities, and direct staff to work
with the committee.
ITEM EXPIANATION:
At its meeting on October 6,1992, the City Council expressed its intent to create
a seven-member skateboard committee to address the issue of skateboarding in
the city and to look into the possibility of skateboard facilities being located in
Carlsbad. The committee will evaluate where skateboarding is currently allowed
and where it is prohibited, and review liability issues related to skateboard
facilities. These issues arose when the Council was asked to consider prohibiting skateboarding in the public parking lot located at the corner of Carlsbad Village'.
Drive and Roosevelt Street (Exhibit 2). Public opposition to this prohibition and
concern over the lack of alternate skateboarding sites prompted the Council to
postpone the matter for two weeks.
Skateboarding is currently prohibited by ordinance on private property open to
the public in general and neighborhood commercial zones and in the village
redevelopment zone where signs are posted. It is also prohibited in the public
parking lot on State Street between Carlsbad Village Drive and Oak Avenue (lot A, as shown on Exhibit 3); in the fountain parking lot on State Street and Grand
Avenue (lot B on Exhibit 3); in the Split Pavilion; in the Ocean Street parking lot
adjacent to the Split Pavilion; and on the seawall sidewalk. Skateboarding is not
prohibited in the other public parking lots downtown (Exhibit 3). In addition,
skateboarding is allowed on sidewalks and on other public property throughout
the city, including the blufftop walkway.
The City Council was given authority by this ordinance to redate or mohibit
skateboarding on specified public property by resolution. The authority to
regulate skateboarding would allow the Council to restrict the use of public
property by skateboarders to certain hours, for example after 6:OO p.m.
The ordinance is the product of a skateboard committee formed in 1991. This
committee felt that it achieved the dual purpose of allowing skateboarding for
recreation and transportation, while at the same time protecting property and
pedestrians. However, the committee also recognized that as more property was
banned from skateboarding, there would be fewer locations for skateboarders to
use.
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7 Page 2 of Agenda Bill # j I,q 1 3 5
The possibility of skateboard facilities being located in Carlsbad was discussed by
Member Larson. Staff analysis of city-owned and operated skateboard facilities
indicated that the City's municipal liability insurance pool will provide liability
coverage for low-hazard facilities only.
In order to quatifv as a low-hazard facility, the skateboard complex must meet
members of the previous committee, which included Mayor Lewis and Council
the following requirements:
AcceDtable:
A) Curbs
B) Benches
C) Mini-Banks (3' or lower curved cement walls)
D) Slightly slanted snake-run trails
E) Shallow dips
F) Open cement courts or riding grounds
Not Acceotable:
1) Vertical half-pipes
2) Vertical ramps and drops 3) Swimming pools or similar deep bowls (where high speed is combined with depth and height of a run.)
It would appear that any proposed skateboard facility should be constructed and
operated only under the following conditions:
A) The facility should adhere to the low hazard criteria established by
the City's municipal insurance pool and associated insurance
carriers in order to ensure that liability coverage would be
provided;
B) The facility should be constructed in a way that would permit it to
be secured, by restricting access, during non-operational hours;
C) The facility should be completely supervised during operational
hours;
D) Safety equipment should be required for all facility users;
E) The number of users should be carefully limited at any one time;
and
F) A skateboard safety educational program should be provided for
and required of all facility users.
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Page 3 of Agenda Bill # 1 1, q 3 5
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Because of the extensive liability issues and cost to construct and operate
skateboard facilities, it was decided by the previous committee that city-owned
facilities would not be feasible. Several members of the committee volunteered to explore the private construction and operation of skateboard facilities on their
own. A member of the previous committee indicated that his investigation into
this matter showed that private liability issues were a problem and, for this reason, his research shows that there are currently no privately owned or
operated skateboard facilities in California.
ExHIBm:
1. Resolution No. 92-3/b .
2. Agenda Bill No. 11,920.
3. Map of village area public parking.
4. Memo from Risk Manager dated October 8, 1992.
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RESOLUTION NO. 92-316
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, CREATING A SKATEBOARD
COMMITTEE AND APPOINTING NINE MEMBERS
1 WHEREAS, the City Council recognizes the need to create a skateboard corn
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to address issues facing skateboarders in Carlsbad;
WHEREAS, this committee will evaluate where skateboarding is currently all
and where it is prohibited, and identify areas for possible use by skateboarders; 8
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WHEREAS, the committee will investigate and review liability issues relat
skateboard facilities;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Car
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1. That the above recitations are true and correct. 12
California, as follows:
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2. That the following persons are hereby appointed to serve as membel
skateboard committee for an unspecified term.
Council Member Stanton
151 Council Member Nygaard
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Robert Royce
John Jones
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Christine Carr
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Mark Nordquist
Steve Fehlhaber
Representative from School Board
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3. That the skateboard committee is an ad-hoc committee whose ex
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Counc
the City of Carlsbad, California on the 20th day of OCTOBER, 1992, by the follol
vote, to wit:
AYES: Council Members Lewis, Kulchin, Larson, Stanton, Nygaard
NOES: None
ABSENT; None
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ATTEST:
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(SEAL)
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&Y OF CARLSBAD - AG F!F DA BILL
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AB# 11 $46
I TITLE: PROHIBITION OF SKATEBOARDING DEPT. t
MTG. 10-6-92
DEPT. CM
CITY A1 IN THE PUBLIC PARKING LOT AT CARLSBAD VILLAGE DRIVE AND ROOSEVELT STREET CITY M( I I I I RECOMMENDED ACTION:
Adopt Resolution No. 9 2-30? prohibiting skateboarding in the public parking
lot located at Carlsbad Village Drive and Roosevelt Street.
I" EXPLANATION:
On January 7, 1992, the City Council adopted Ordinance NS-188 approving an
amendment to the Carlsbad Municipal Code to prohibit skateboarding in certain
areas of the City. The ordinance allows the City Council to "...adopt a resolution
regulating or prohibiting the use of skateboards on specified public property or
public right-of-ways upon the placement of appropriate signs."
The parking lot on Roosevelt Street near Carlsbad Village Drive is a City-owned
parking lot. The Police Department has received complaints regarding noise,
profanity, littering and vandalism by skateboarders in this parking lot. Exhibit
3 contains a letter and petition from merchants and customers in the downtown
area detailing the problems they are experiencingwhh skateboarders in this lot.
However, because skateboarding is not currently prohibited in this lot, the Police
Department cannot legally require skateboarders to leave the area.
The attached resolution prohibits skateboarding in this parking lot. The original
ordinance adopted by the City Council prohibited skateboarding in the public
parking lots located on State Street and Grand Avenue, and on State Street between Carlsbad Village Drive and Oak Avenue, and in the Split 'Pavilion. In
addition, the City Council recently adopted a resolution prohibiting skateboarding
in the parking lot and sidewalks adjacent to the Split Pavilion on Ocean Street.
EXHIBITS:
1. Resolution No. 9 1- 3 C? prohibiting skateboarding in the public parking
lot located at Carlsbad Village Drive and Roosevelt Street.
2. Location map.
3. Letter and petition to Mayor Lewis dated August 10, 1992.
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RESOLUTION NO. 92 - 3 0 2
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, PROHIBITING SKATEBOARDING IN THE PUBLIC PARKING LOT AT CARLSBAD VILLAGE DRIVE
AND ROOSEVELT STREET
WHEREAS, the City Council recognizes the potential for property damage and
traffic safety hazards caused by skateboarding; and
WHEREAS, the City Council may regulate or prohibit the use of skateboards on
specific public property or public right-of-ways by resolution; and
WHEREAS, there is an urgent need to prohibit skateboarding m the public
parking lot located at Carlsbad Village Drive and Roosevelt Street, due to safety hazards.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
California, as follows:
1. That the above recitations are true and correct.
2. That upon adoption of this resolutlan and the placement of appropriate
signs, skateboarding shall be prohibited in the public parking lot located at Carlsbad
Village Drive and Roosevelt Street.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council
of the City of Carlsbad, California on the day of 9
1992, by the following vote, to wit:
AYES:
NOES:
ABSENT:
CLAUDE A. LEWIS, Mayor ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
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* 0 e Exhibit 3 - Mayor C.A. "Bud" Lewis
City Council
City of Carlsbsd
I200 Carlsbad Vi 11 age Dri VE
Carlsbad, CA, 92006
RE: Skateboarders on Downtown Parking Lots
Mayor Lewis:
We are writing this letter on behalf of the undersigned members of the downtown
husiness community. Since the construction of the City's parking lots on Roosevelt St
between Carisbed ?Wqe drive and Grand Aye within the immediate vicinity of the.
Housing & Redeveiopfnent office, sk8tebo€trders have continued to use this area ilfegaIl~
Notices & signs have been posted stating prohibition of use for skate-boarding purposes.
However, ttse posted signs have been vandalized, rewroved ti not re-installed.
This parking lot was purchased and improved to serve as psrking facilities for The
Village, businesses, guests, and clients. The area now is a "SKATE-BOARDERS ffAVEN".
Unfortunately, many of the skate-boarders are rude, profane, abusive snd abrasive.
Pstrorrage in the City's parking lots include females, seniors & visit-ors to the downtcwn
and 8s such, should not have to deal with this situation. The continued intrusion by the
Skste-boarders not only prevents citizens R visitors from using the property; but also
creates B risk of physical danger & liability for those who park their cars and own
property in the area. Therefore, we recommend pasting the adjec-erct pedeft-rim are8s.
Observation of individuals illegally using the facility indicate that they are oi legal age,
leave extensive litter, and in fact, drive c%rs to these areas.
We have repeatedlg notified the Redevelopment Office and the Police Ctepsrtrnent of the
problem; however, the nuissnce hss not subsided nor- the uctivity been curtailed.
It appears to the undersigned, the Police Department has taken a "drive-by slap or1 the
wrist" attitude. Once a Police Officer orrives, the skate-boarders disperse for 112 hour
or so, tt-ien ret-urn in force.
Several suggestions have been offered by people signing this petition which could assist
in solving the problem. The suggestions include:
11 Elirninate the n8rrow curb islands in the parking lot & replace them with
protectil?e bollards similar t.o those in the Roosevelt Street median.
2) Re-instatl vandal proof signage in the parking lot & Paint signage on paved
surfaces.
3) Confiscate the offender's skateboard and return only after B letter has beets
received ft-orii the parents and payment of Y $25.00 fine. Hecisi tnsf-ion could occilf
at the Police Department.
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Letter to Mayor C.A. "8ud" Lewis re: SkateBoarders
Pap" 2
kug 10, 19'
4) Designate ottw more remote parking areas for after business hour.skateboat-d
use, i.e. the City Parking Lot on State Street & Oak kve. or within school psrkit
lots.
It is our belief that this situation on a City facility creates a potentially dsngereous i
libelous problem.
Mayor Lewis, your considered attention to this issue is appreciated.
cc: Citu Council Members
City Haneger
Community Development Director.
Carlsbad Police Department
Redevelopment Director
Please submit ang response to 2956 Roosevelt St, Suite *3
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- Letter to Mayor C.A. "Bud" Lewis re: SkateBoarders
Aug 10, 1992
Signed .
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Railroad Tracks
State Street
VILLAGE AREA PUBLIC PARKING
1992
Skateboarding prohibited ... ... ... ...
0 0 Exhibit 4
October 8, 1992
TO: ASSISTANT TO THE CITY MANAGER
FROM: Risk Manage
SKATEBOARD FACIIJTIES IN CALIFORNIA
The following is the result of a survey of cities in California that have/had a skateboard
facility or are considering, or have considered such a facility. The Encinitas YMCA
facility is included because it is the only known skateboard complex in the County.
1. Citv of Benecia: The Parks and Recreation Department indicated that they had a
low hazard facility. It is simply a converted parking lot that is approximately
150' by 75'. It was overlayed with asphalt and a series of small ramps, 3' to 4' in
height, were Astalled. The total cost was approAmately $17,000.
The facility is unsecured and unsupervised. A sign requiring the use of safety
equipment is posted.
They have had several injuries, but only one minor claim since the facility was
established in 1988.
The City of Benecia is a member of the Association of Bay Area Governments
(BAG). Liability coverage is provided through that municipal insurance pool
and the skateboard facility is included in the coverage.
Contact: Mike Alvarez (707) 746-4285
2. Encinitas YMCA: The Encinitas YMCA has a 23,000 sq. ft. skateboard facility
with a "street course and the biggest ramp in California."
The facility opened two and one-half years ago and during that time expanded to
its present size. It is enclosed by a 6' fence, safety equipment is required, and
there are a minimum of two (2) supervisors present at all times.
Injuries occur at a rate of "about once a month'' and usually consist of broken
bones. However, there have been very few claims.
Facility usage is down about 50% from one year ago. This is attributed to (1)
the cost ($4 during the week and $6 on the weekend); (2) the preference of
some skateboard enthusiasts to skate on the street; and (3) the periodic change
in degree of popularity of the sport.
The Encinitas YMCA is part of a YMCA insurance pool. Liability coverage for the facility is provided through that insurance pool.
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Assistant to the City Manager
October 8, 1992
Page 2
3. City of Palo Alto: This city has a very elaborate skateboard facility. It opened in
January of 1991 and is extraordinarily popular. It attracts people from
throughout California and from all of the other states. Some users have come
from as far away as Australia.
It is a large complex composed of three (3) concrete bowls which are
interconnected at the center by adjoining hips. The bowls are 4’, 6‘ and 8’ in
depth. The hips meet to form a concrete island. The facility is designed for use
by skateboarders with intermediate and advanced skill levels. The initial cost of
constructing the complex was approximately $100,000.
During the first 6 weeks of its operation, the city experienced a large number of
injuries. Although the majority of those injuries resulted in broken bones, three
(3) serious head trauma cases also occurred.
Subsequent to these events, the city decided to re-fence the complex. Originally,
it was enclosed by a 4’ fence. However, because of the liability problems, it was replaced by a 6’ fence and an additional 2’ of slanted cyclone fencing was added to the top.
In addition to securing the facility, the City decided to provide continuous
supervision, control the operating hours, require safety equipment and limit the
number of people using the facility at any one time.
As a result, the facility is constantly supervised during operating hours and
patrolled after hours. It is open for use during established hours only. All users
are required to wear safety equipment consisting of helmets, elbowpads and
kneepads. The number of skateboarders permitted to use the facility at any one
time is restricted to seven (7). No waivers are required. Although their
operating expense has increased substantially, the number of injuries has been
greatly reduced.
Subsequent to their unfortunate beginning, the City considered closing the
Commerce persuaded them to leave it open because the skateboarders were now
using the facility instead of the downtown area.
The City of Palo Alto is a member of the Authority for California Cities Excess
Liability (ACCEL). Liability coverage is provided through that municipal
insurance pool. However, coverage for the skateboard complex has been
excluded because the risk is considered to be too great.
Contact: Dave Brees (415) 329-2510
complex entirely However, the downtown merchants and the Chamber of
Adam Politzer (415) 329-2390
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Assistant to the City Manager
October 8, 1992
Page 3
4, City of Santa Cruz: The City has two (2) low-hazard skateboard facilities. Each
is a half-pipe snake run which is 3’ deep, 6‘ to 8’ wide, and 150’ long and
terminates into a small 3’ bowl. They are concrete and built into the ground.
They can accommodate either single or multiple runners. There have been no
serious injuries and only a couple of minor claims at this facility.
Neither facility is secured or supervised. No safety equipment is required and no
waivers are requested.
The City of Santa Cruz is self-insured for liability purposes.
Contact: Jack Hain (408) 429-3589
5. City of Saratom: Originally, this City had a skateboard facility that was
composed of a wooden ramp. It was a double vertical half-pipe that was 6’ in
height and covered .with a masonite skin to reduce the noise level. It was closed
after being in operation for only three weeks. While open, safety equipment was
required. That was done by posted notice since the facility was only casually
supervised.
Apparently, the masonite skin wore off very, very quickly. The resulting increase
in the noise level, described as something similar to a locomotive, caused a
massive number of complaints to be filed by residents living adjacent to the park.
Additionally, the 6‘ fence surrounding the ramp and the chained entryway were
continually being cut in order to provide access to trespassing users at all hours
of the day and night.
Although the facility was very popular and a major attraction to skateboarders
from all areas, it was closed because of the problems just described.
Since then, the City has considered placing a skateboard facility in several
different locations, but none have been approved due to strong opposition by
residents.
Contact: Dan Trinidad (408) 867-3438
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Assistant to the City Manager
October 8, 1992
Page 4
6. Cily of Davis: This City opened a facility four months ago at a cost of
approximately $80,000.
The facility is enclosed by an 8’ fence, safety equipment is required of all
participants and the complex is supervised at all times by two (2) staff members
trained in first aid and CPR. So far, there have not been any claims.
The City of Davis is a member of the Yo10 County Public Agency Risk
Management insurance Authority (YCPARMIA). Liability coverage for the facility
is excluded from that pool so it was obtained from a private insurance company.
Contact: Patty Dumont (916) 757-5626
7. Citv of Eureka: This City pursued the idea of constructing a facility
several years ago because the City Council indicated a desire to build such
a complex. The design estimate for construction was $115,000; however,
when the project went out for bid, the lowest bid received was $248,000.
Insurance was another problem. It took the City 9 months to find
someone willing to insure the proposed facility. However, both the
premium and self-insured retention were considered to be too high.
Additionally, the insurance company would have required that the facility
be secured when closed, staffed when open and that safety equipment and
waivers be utilized. The project was formally abandoned by the City
Council in late 1989.
Contact: C. J. Sylvester (707) 445-5425
8. City of Fairfield: The City has agreed to allow construction of a skateboard
facility on a parcel of public park land as long as all of the funding is provided
by local groups. No City funds are to be utilized. The interest groups have been
given 5 years within which to come up with the money. More than a year has
passed since that conditional permission was granted and no money has been
raised.
The City of Fairfield is a member of the California Joint Powers Authority
(CJPA). Liability coverage is provided by that insurance pool. However,
coverage for any skateboard facility that is built will be excluded.
Contact: Maureen Jensen (707) 428-7663
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Assistant to the City Manager
October 8, 1992
Page 5
9. City of Mill Valley: This City considered and rejected a proposal for a skateboard
location chosen, approval from and coordination with other agencies will be
required.
The City of Mill Valley is a member of the California Municipal Insurance
Authority (C.M.I.A.). Liability coverage for a skateboard facility is provided by
that municipal insurance pool.
facility in 1984, Recently a new proposal was made, However, due to the
Contact: Christina (415) 383-1370
10. City of Napa: This City has approved the construction of a new skateboard
complex at a projected cost of $48,000. The facility will have a 2' to 3' bowl as
well as 18" curbing and ramps.
Safety equipment will be required as well as an ongoing educational program.
The facility will be located in a neighborhood park and will be unsupervised.
Continental Insurance Company has agreed to provide coverage for the facility,
subject to a $200,000 self-insured retention and several safety conditions.
Contact: Heather (707) 257-9529
11. Citv of San Jose: In 1989, this City put together a task force to explore the
possibility of constructing skateboard facilities. The final task force report made
the following three recommendations:
A. That the City should build skateboard play areas in 5 or 6 of their parks
and that they should treat them in the same manner as playgrounds.
B. That extensive skateboard educational programs should be started at all
local elementary schools; and
C. That the City should explore the possibility of building a multi-faceted
skateboard center which would include a large skateboard complex,
stadium seating, training programs and stores. The complex would
generate revenue from the sales of equipment and clothing, admission
charges for stadium events and training program fees.
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Assistant to the City Manager
October 8, 1992
Page 6
Their proposed skateboard play areas were going to be classified as low to
intermediate for skill level purposes. They would be composed of 4’ concrete
walls, rails and a long meandering 3’ bowl. They would be unsupervised but
posted to require safety equipment. The approximate cost of constructing one
play area was $100,000.
Although the recommendations were approved in concept, when communities
have been asked to select the facilities for their neighborhood parks from a list of
available options that is provided, they have never chosen the skateboard play
areas. They have always selected other types of facilities for the limited funding
that is available.
The City of San Jose is self-insured for liability purposes.
Contact: Roger Bridger (408) 277-5449
INSURANCE AND LEGAL REOUIREMENTS
A. California Municipal Insurance Authorit~(CMIA): The City of Carlsbad is a
member of C.M.I.A.’s municipal liability insurance pool.
C.M.I.A. has indicated that it will provide liability coverage for low hazard
skateboard facilities only. It has also indicated that, in order to qualify as a low
below:
Acceptable
1) Curbs
2) Benches
3) . Mini-Banks (3’ or lower curved cement walls)
4) Slightly slanted snake-run trails
5) Shallow dips
6) Open cement courts or riding grounds
Not Acceptable:
1) Vertical half-pipes
2) Vertical ramps and drops
hazard facility, the skateboard complex must meet the requirements set forth
3) Swimming pools or similar deep bowls (where high speed is combined
with depth and height of a run)
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Assistant to the City Manager
October 8, 1992 1
Page 7
B. Health and Safety Code Section 25906: California law imposes the following
requirement on skateboard park operators:
"NO OPERATOR OF A SKATEBOARD PARK SHALL PERMIT ANY PERSON
TO RIDE A SKATEBOARD THEREIN, UNLESS SUCH PERSON IS
WEARING A HELMET, ELBOW PADS AND KNEE PADS."
Effective January 1, 1993, if the owner is a public entity, this requirement
may be satisfied by passing an ordinance requiring any person riding a
skateboard at the facility to wear a helmet, elbow pads, and knee pads,
and posting reasonable signs at the facility advising users of those
requirements.
RECOMMENDATIONS
If the City would like to consider constructing and operating a skateboard facility, it is
recommended that it do so subject to the following minimum conditions:
1) The facility should adhere to the low hazard criteria established by the
City's municipal insurance pool and associated insurance carriers in order
to ensure that liability coverage would be provided;
2) The facility should be constructed in a way that would permit it to be
secured, by restricting access, during non-operational hours;
3) The facility should be completely supervised during operational hours;
4) Safety equipment should be required for all facility users;
5) The number of users should be carefully limited at any one time; and
6) A skateboard safety educational program should be provided for, and required of, all facility users.
Please let me know if I can provide any additional information.
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AB 811,935, dtd 1C ^0/92 ATTACHMENTS