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HomeMy WebLinkAbout1999-04-20; City Council; 15151; Amend Code On Skateboarding RegulationsL iii P 4 a. p Y 1 0 E.i 8 0 ro /7 AB# 15 I$/ MTG.4 -20 J 5 cf DEPT. REC CITY OF CARLSBAD -- AGENDA BILL b( TITLE : REPEAL AND RE-ENACTMENT OF DEPT.Hb&+- ORDINANCE REGULATING SKATEBOARDING CITY AT- AND ADDITION OF REQUIREMENT FOR SAFETY CITY MGR. & EQUIPMENT AT SKATEBOARD PARK RECOMMENDED ACTION : Introduce Ordinance No. NS - 475 which amends Title 10, Chapter 10.58 and Chapter 11.32 Section 11.32.070, regulating skateboarding within the City of Carlsbad and requiring safety equipment including a helmet, elbow pads and knee pads for any person riding a skateboard or rollerblade in a skateboard park. ITEM EXPLANATION : The City is in the process of constructing a Skateboard Park for the community. As mandated by State law, it is required that signs be posted at the park informing the users that it is unlawful for a person to ride a skateboard or rollerblade in the skateboard park without wearing safety equipment including helmet, elbow and knee pads. With the need to incorporate this addition into Chapter 10.58 - of the Carlsbad Municipal Code, staff felt it was important to review and update the entire Ordinance and to make appropriate recommendations for City Council’s consideration. After careful and thorough analysis of Chapter 10.58, Skateboarding, staff is recommending the following changes to the Ordinance: In Section iO.58.010 it is unlawful for any person to ride a skateboard on private property open to the public in a general commercial zone, a neighborhood commercial zone or in the Village Redevelopment zone where signs are posted prohibiting such a use. A tourist commercial zone was identified as another zone which should be incorporated and added into this section. The Village redevelopment zone was deleted from this section due to the fact it has a specific section within the ordinance addressing the prohibition of skateboarding in the redevelopment area. It is also recommended that the City allow prohibition of rollerblades, rollerskates, toy vehicles, coasters, or any other similar forms of transportation in these zones. The prohibition of skateboarding on the Carlsbad Seawall is also identified in Chapter 11.32, Carlsbad Seawall Pedestrians only. With this duplication, Section 11.32.070 of the Ordinance will be deleted from that Chapter. The only change to Section 10.58.015 Skateboardinn prohibited on school orounds is the addition of toy vehicles and coasters as prohibited forms of transportation on public school property when posted. In Section 10.58.020, - Skateboarding is prohibited in the Carlsbad Village Redevelopment area, it is recommended to have a Section title which specifically identifies the Redevelopment area of Carlsbad. Within this section it is also recommended to delete the specific locations of where skating was prohibited, i.e. along the public sidewalk on the westerly side of Carlsbad Boulevard extending from Oak Street to Cannon Road, the northern portion of which is commonly known as the Whale Watch Walkway, City Hall, and the Senior Center. These locations of where skateboarding will be prohibited will be on file in the City Clerks office as set forth in Section 10.58.025. l Currently, Section 10.58.025 prohibits Skateboarding on Armada Drive and Lego Drive. This section will be deleted and be replaced with the title of “Skateboarding prohibited where posted.” The proposed new section will prohibit skateboarding on public real property where such properties are posted by a sign. Such specific locations where skateboarding is prohibited will be on file in the City Clerks office, included in Exhibit 3, i.e. City Hall, Senior Center, public school grounds etc. l The title heading in Section 10.58.040 TOY Vehicle Use Restrictions, is recommended to be changed to “Prohibition for Public Drainage, Sports Facilities and Public Buildings.” This title more accurately reflects and identifies areas of where skating is prohibited in public buildings, drainage facilities, culverts, community centers, sports courts, surrounding walkways, railings and benches. l Section 10.58.050 - Interference With Pedestrians and Traffic is recommended to remain the same. l Staff recommends the inclusion of an added section to inform the public that pursuant to the Health and Safety Code 25906, it is unlawful for persons to ride anything other than a skateboard or rollerblades in a skateboard park and neglect to wear safety equipment including a helmet, elbow pads and knee pads where the requirement for wearing such safety equipment in the skateboard park is posted by a sign. FISCAL IMPACT: There will be little or no fiscal impact by the revisions which were made to this ordinance. The Carlsbad Police Department currently enforces prohibitions against skateboarding where authorized, and officers would be able to issue citations at the new Skateboard Park at no additional expense to the City except for the personnel time required to administer and enforce these citations. EXHIBITS 1. Ordinance No. NS- 475 2. Redline version of amendments. 3. Areas of Carlsbad where Skateboarding will be prohibited. ORDINANCE NO. NS-475 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA REPEALING AND RE-ENACTING TITLE 10, CHAPTER 10.58 REGULATING SKATEBOARDING AND ADDITION OF REQUIREMENT FOR SAFETY EQUIPMENT AT SKATEBOARD PARK The City Council of the City of Carlsbad, California does ordain as follows: SECTION I: That section 10.58.010 of the Carlsbad Municipal Code is amended to read as follows: “10.58.010 Skateboardinn prohibited in Commercial Zone It is unlawful for any person to ride a skateboard, rollerblades, rollerskates, toy vehicle, coaster or any other similar form of transportation on private property open to the public in a general commercial zone, a neighborhood commercial zone, or in a tourist commercial zone where signs prohibiting such activity are posted by the owner of the property” SECTION II: That section 10.58.015 of the Carlsbad Municipal Code is amended to read as follows: “10.58.015 Skateboardina prohibited on school grounds It is unlawful for any person to ride a skateboard, rollerblades, rollerskates, toy vehicle, coaster or any other similar form of transportation on public school property located within the City of Carlsbad when the school district has enacted a policy prohibiting such activities and posted signs on school grounds.” SECTION III: That section 1058.020 of the Carlsbad Municipal Code is amended to read as follows: “10.58.020 Skateboardinn prohibited in Redevelopment Area It is unlawful for any person to ride a skateboard at the following locations: On any sidewalk, public street, public parking lot or public property in the village redevelopment zone (V-R), as shown in the Carlsbad village area redevelopment plan and as further shown on the attached map labeled “Exhibit A;” EXHIBIT 1 . . . ’ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 h SECTION IV:That section 10.58.025 of the Carlsbad Municipal Code is amended to read as follows: “10.58.025 Skateboardina prohibited where posted Skateboarding is prohibited on public real property where such prohibition is posted by sign. A list of all such locations where skateboarding is posted prohibited shall be on file in the city clerk’s office.” SECTION V: That section 10.58.040 of the Carlsbad Municipal Code is amended to read as follows: Buildinas “10.58.040 Prohibition for Public Drainaoes, Sports Facilities and Public No person shall skate, or use or ride any roller skates, coaster, skateboard, bicycle, toy vehicle or other forms of transportation in any public drainage facility, culvert, ditch, channel; any athletic/sports courts, gymnasiums; or in a community center or public buildings and surrounding parking lots, walkways, railings, and benches.” SECTION VI:That Title 10, Chapter 10.58 of the Carlsbad Municipal Code is amended by the addition of section 10.58.060 to read as follows: “10.58.060 Safetv Equipment Required In Skateboard Parks: It is unlawful for a person to ride anything other than a skateboard or rollerblades in a skateboard park and to neglect to wear safety equipment including a helmet, elbow pads and knee pads where the requirement for wearing such safety equipment in the skateboard park is posted by a sign.” SECTION VII: That Title II, Chapter 11.32 of the Carlsbad Municipal Code is amended by the repeal of Section 11.32.070. tit 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify the adoption of this ordinance and cause it to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen (15) days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carl&ad City Council on the day of , 1999, and thereafter, PASSED AND ADOPTED at a regular meeting of the City council for the City of Carlsbad on the day of , 1999, by the following vote, to wit: AYES: NOES: 0 ABSENT: APPROVED AS TO FORM AND LEGALITY RONALD R. BALL, City Attorney CLAUDE A. LEWIS, Mayor ATTEST: ALETHA L. RAUTENKRANZ, City Clerk 4. . ’ SKATiBOARDlNG PRO&TED IN CARLSBAD REDEVELOPMENT AREA OUTLINED BELOW EXHIBIT A