HomeMy WebLinkAbout1999-05-04; City Council; 15175; Urgency Ordinance Regulating Skateboarding. e -
CITY OF CARLSBAD - AGtiNDA BILL
AB# ,$/7s TITLE. RE-INTRODUCE ORDINANCE NO. NS-475
REPEALING AND RE-ENACTING TITLE IO, CHAPTER 10.58
DEPT. HD.
MTG. 5-Y-99 OF THE CARLSBAD MUNICIPAL CODE; AND INTRODUCE CITY ATTY. a s
AND ADOPT URGENCY ORDINANCE NO. A/S-‘4 80 .
DEPT. CA CITY MGR.
RECOMMENDED ACTION:
Re-introduce Ordinance No. NS-475 regulating skateboarding and Introduce and Adopt
Urgency Ordinance No. M- 1580 , pursuant to Government Code section 36937.
ITEM EXPLANATION:
On April 20, 1999, Ordinance No. NS-475 was introduced amending Title 10, Chapter
10.58, 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 the City skateboard park. Ordinance No. NM75 is now being re-introduced
for consideration anew since the original version and agenda bill have been refined by staff.
In addition to the requirement that safety equipment be worn at the skateboard park, it is
recommended that Chapter 10.58 be amended as follows:
Tourist commercial zones (such as Legoland) have been added to the types of commercial
property where skateboarding may be prohibited if posted. Rollerblades, rollerskates, toy
vehicles, coasters or any other similar forms of transportation may also be banned in these
areas if posted.
Skateboarding may be prohibited on any public real property where posted by sign. This
could include any City parks if Council determines that it is provident to have such a ban.
The list of locations where skateboarding is posted prohibited, Exhibit “I”, will be on file in
the City Clerk’s office and may be amended by resolution of the City Council.
A prohibition on skateboarding, rollerblading, etc., at the Safety Center and fire stations will
be added in view of the fact that the new skateboard park is situated between the Safety
Center and a fire station, and that it is imperative that these activities not interfere with
emergency vehicle ingress and egress. It is recommended that a prohibition on
skateboarding, rollerblading, etc., at libraries also be added.
The prohibition on skateboarding on tennis courts has been expanded to include any
athletic/sports courts.
All other provisions remain the same in substance, but have been reorganized for clarity
and simplification.
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Page 2 of Agenda Bill No. 15, I7 5
It is recommended that Chapter 11.32, Section 11.32.070, allowing pedestrians only on the
Carlsbad Seawall remain in effect.
Urgency Ordinance No. NS- q8o is being introduced for immediate Adoption pursuant
to Government Code section 36937, to require the wearing of safety equipment in the City’s
new skateboard park for the immediate preservation of the health and safety of users of the
park. The City’s new skateboard park is scheduled for grand opening on May 8, 1999, and
Ordinance No. NS-475 will not be effective by that date.
The requirement for wearing safety equipment, including helmet, elbow pads and knee
pads when adopted by ordinance and posted by signs at the skateboard park may also
provide the City with immunity from liability for injuries occurring at the park pursuant to
Health and Safety Code section 115800.
FISCAL IMPACT:
None.
EXHIBITS:
1. Urgency Ordinance No. /JS- YSa
2. Ordinance No. NS-475.
3. Exhibit “1”
4. Redline/strikeout version of ordinance.
ORDINANCE NO. NS-480
AN URGENCY ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF CARLSBAD, CALIFORNIA, REPEALING
AND RE-ENACTING TITLE 10, CHAPTER 10.58
OF THE CAR&BAD MUNICIPAL CODE
WHEREAS, the City of Carlsbad, pursuant to the police powers
delegated to it by the California Constitution, has the authority to enact laws which
~ promote the public health, safety and general welfare of its citizens; and
WHEREAS, the City of Carlsbad has constructed a skateboard park
for the community to provide a safe recreational environment for skateboarding and .
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rollerblading; and
WHEREAS, the City has scheduled the grand Iopening of the ..>
skateboard park for May 8, 1999; and.: ., :: : ,: . e .I
WHEREAS, the wearing of safety equipment including a helmet,
elbow pads, and knee pads will be mandatory for those using the park as posted by
a sign and required by ordinance, pursuant to the provisions of Health and Safety
Code section 115800; and
WHEREAS, this ordinance is adopted pursuant to Government Code
section 36937 allowing the adoption of such urgency ordinance to take effect
immediately to ensure the immediate preservation of the health and safety in the
City of Carlsbad; and
WHEREAS, the requirement for wearing safety equipment, including
helmet, elbow pads and knee pads when adopted by ordinance and posted by
signs at the skateboard park may also provide the City with immunity from liability
for injuries occurring at the park pursuant to Health and Safety Code section
115800.
1 WHEREAS, it is the intent of the City Council to extend this interim
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2 ordinance until Skateboarding Ordinance No. NS-475 is considered and acted upon I
3 in due course.
4 NOW, THEREFORE, the City Council of the City of Carlsbad does
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ordain as follows: 6
7 SECTION I: That section 10.58.010 of the Carlsbad Municipal Code
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is amended to read as follows:
“10.58.010 Skateboardina 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 1058.015 of the Carlsbad Municipal Code :
is amended to read as follows:
“I 0.58.015 Skateboardina prohibited on school arounds.
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.” ia
19 SECTION III: That section 10.58.020 of the Carlsbad Municipal Code
20 is amended to read as follows:
“10.58.020 Skateboardina prohibited in Redevelonment Area.
It is unlawful for any person to ride a skateboard at the following
locations:
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26 SECTION IV:That section 10.58.025 of the Carlsbad Municipal Code
27 is amended to read as follows:
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”
and found on file in the City Clerk’s office.
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“10.58.025 Skateboardina prohibited where posted.
Skateboarding is prohibited on public real property where such
prohibition is posted by signs. A list of locations where skateboarding is posted
prohibited shall be on file in the City Clerk’s office. The list may be amended from
time to time by Resolution of the City Council.”
SECTION V: That Title 10, Chapter 10.58 of the Carlsbad Municipal
Code is amended by the addition of section 10.58.030 to read as follows:
“10.58.030 Skateboardino prohibited at Public Buildinqs.
It is unlawful for any person to ride a skateboard, rollerblades,
rollerskates, toy vehicle, coaster or any other similar form of transportation at the
Carlsbad City Hall, the Senior Center located at 801 Pine Avenue the Safety
Center, fire stations, libraries and their adjacent sidewalks, landscape barriers and
parking lots.”
SECTION VI: That section 10.58.040 of the Carlsbad Municipal Code -.
is amended to read as follows: ,, --I.’
“10.58.040 Prohibition ‘for Public Drainages: Sports Facilities and
Public Buildinqs.
No person shall ride a skateboard, rollerblades, roller skates, coaster,
bicycle, toy vehicle or any other similar form of transportation in any public drainage
facility, culvert, ditch, or channel; or on any athletic/sports courts, or gymnasiums.”
SECTION VII: 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 the City-owned 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 VIII: This urgency ordinance shall take effect immediately
upon adoption.
DECLARATION OF URGENCY: This ordinance is hereby declared
to be an urgency ordinance adopted as an emergency measure to protect the
public health, safety and welfare pursuant to Government Code section 36937(b)
and shall take effect immediately upon its adoption. The facts constituting the
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urgency are those set forth above and represent a current and immediate threat to
the public health, safety or general welfare of the citizens of Carlsbad.
EFFECTIVE: This urgency ordinance shall be effective immediately
upon passage and shall be of no further force and effect as of the date of adoption
of the skateboarding ordinance.
SEVERABILITY CLAUSE: If any section, subsection, sentence,
clause, phrase or part of this urgency ordinance is for any reason held to be invalid
or unconstitutional by the final decision of any court of competent jurisdiction, such
decision shall not affect the validity of the remaining parts of this .urgency
ordinance. The City Council hereby declares that it would- have a.dopted: ‘fhis
ordinance and each section, subsection, sentence, clause, phrase or part thereof ‘. ‘. : ‘. .,
irrespective of the fact that any one or more .of the sections, : subsections,
sentences, clauses, phrases.or parts are declared invalid or unconstitutional,
INTRODUCED, PASSED, AND ADOPTED at a regular meeting of the
City Council of the City of Carlsbad on the 4 th day of , 1999, by the my
following vote, to wit:
AYES: Council Members Hall, Nygaard, Finnila & Kulchin
NOES: None
ABSENT: Council Member Lewis
ATTEST:
Atrff”T~~ ~E~ANZ, City Clerk
KAREN R. KUNDTZ, Assistant City Cler$
SKAT-YBOARDINC PROK3lTED IN
CARLSBAD REDEVELOPMENT AREA
OUTLINED BELOW
EXHIBIT A
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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 ADDING A
REQUIREMENT FOR SAFETY EQUIPMENT AT
SKATEBOARD PARK
The City Council of the City of Carlsbad, California does ordain as
follows:
SECTION I: That section 1058.010 of the Carlsbad Municipal Code is
amended to read as follows:
“10.58.010 Skateboardina orohibited 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 Skateboardino prohibited on school arounds.
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 lll:That section 10.58.020 of the Carlsbad Municipal Code is
amended to read as follows:
“10.58.020 Skateboardina 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”
and found on file in the City Clerk’s office.
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1 SECTION IV: That section 10.58.025 of the Carlsbad Municipal Code is
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, amended to read as follows:
“1058.025 Skateboardina orohibited where oosted.
Skateboarding is prohibited on public real property where such
prohibition is posted by signs. A list of locations where skateboarding is posted
prohibited shall be on file in the City Clerks office. The list may be amended from
time to time by Resolution of the City Council.”
SECTION V: That Title IO, Chapter 10.58 of the Carlsbad Municipal
Code is amended by the addition of section 10.58.030 to read as follows:
“10.58.030 Skateboardina prohibited at Public Buildinas.
It is unlawful for any person to ride a skateboard, rollerblades,
rollerskates, toy vehicle, coaster or any other similar form of transportation at the
Carlsbad City Hall, the Senior Center located at 801 Pine Avenue, the Safety Center,
fire stations, libraries and their adjacent sidewalks, landscape barriers and parking
lots.”
SECTION VI: That section 10.58.040 of the Carlsbad Municipal Code is
amended to read as follows:
“10.58.040 Prohibition for Public Drainaae and Soorts Facilities.
No person shall ride a skateboard, rollerblades, rollerskates, coaster,
bicycle, toy vehicle or any other similar form of transportation in any public drainage
facility, culvert, ditch, or channel; or any other athletic/sports courts, or gymnasiums.”
SECTION VII: 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 Safety EauiDment Required In Skateboard Parks:
It is unlawful for a person to ride anything other than a skateboard or
rollerblades in the City-owned 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.”
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.
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INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad
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:
ABSENT:
CLAUDE A. LEWIS, Mayor
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
SKAT=BOARDlNG PROH3ITED IN
CARLSBAD REDEVELOPMENT AREA
OUTLINED BELOW
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EXHIBIT A
AREAS OF CARLSBAD WHERE SKATEBOARDING
IS PROHIBITED
I PUBLIC PROPERTY WHERE POSTED
l On the walkways, landscape barriers or wall along the promenade on
Armada Drive and LegoLand Drive, between Cannon and Palomar Airport
Roads.
SKATEBOARDING IS ALSO PROHIBITED AT:
II. The following public buildings:
l City Hall
0 Senior Center
0 Safety Center
l Fire Stations
l Libraries
III. Any public drainage facility, culvert, ditch, or channel; and any
athletic/sports courts, gymnasiums.
IV. Carlsbad Village Redevelopment Area (Map of boundaries attached)
V. Public right-of-way in such a manner as to interfere with or prevent the
lawful use of the right-of-way by pedestrians or vehicular traffic.
VI. Public school grounds where posted.
VII. Commercial zones throughout the City where posted.
EXHIBIT 1
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REDLINE VERSION OF AMENDMENTS
“I 0.58.010 Skateboardina orohibited in -Commercial
It is unlawful for any person to ride a skateboard, rollerblades,
Polferskates, toy vehicle, coaster or any other similar form of transportation on private
x-operty open to the public in a general commercial zone, a neighborhood commercial
zone, or in a tourist commerciaf zone 3 where signs
xohibiting such activity are posted by the owner of the property.”
“10.58.015 Skateboardina orohibited on school arounds.
It is unlawful for any person to ride a skateboard, rollerblades,
-oIlerskates 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
3 policy prohibiting such activities and posted signs on school grounds.”
4rea L
“10.58.020 Skateboardina prohibited -JNher+in Redeveiontient
ocations:
It is unlawful for any person to ride a skateboard at the following
(a) On any sidewalk, public street, public parking lot or public
3roperty in the village redevelopment zone (V-R), as shown in the Carlsbad Village
4rea Redevelopment Plan and as further shown on the map labeled “Exhibit A” and
‘ound on file in the City Clerk’s office.”
“10.58.025 Skateboardina orohibited nnd Lcge
2+&e where posted.
Skateboarding is prohibited on public real ,property where such
xohibition is posted by signs. A list of locations where skateboarding is posted
3rohibited shall be on file in the City Clerk’s office. The list may be amended from time
:o time by resolution of the City Council.”
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“IO.58030 Skateboardinqprohibited at Public Buildinqs.
It is unlawful for any person to ride a skateboard, rollerblades,
rollerskates, toy vehicle, coaster or any other similar form of transportation at the
Carlsbad City Hall, the Senior Center located at 801 Pine Avenue, the Safety Center,
fire stations, libraries and their adjacent sidewalks, landscape barriers and parking lots.”
. . “10.58.040 Teyebic!c ‘ucc :ce Prohibition for Public
Drainaaee-and Soorts Facilities.
No person shall m ride w a skateboard,
rollerblades, rollerskates, coaster, bicycle, toy vehicle or any other similar forme of
transportation in any public drainage facility, culvert, ditch, or channel; or on any
athletic/sports courts, -,-or gymnasiums.”
“10.58.050 Interference with pedestrians and traffic.
Remain Unchanged.”
“10.58.060’i5~fetv Equipment Required tn Skateboard Pa*
It is unlawful for a person to ride anything other than a skateboard
or rollerblades in the City-owned 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”.
City
May 12,1999
San Diego County Law Library
North County Branch
325 South Melrose, Suite 300
Vista, CA 92083-6697
Enclosed for your records, please find the following copy(ies) of ,Ordinance
No(s). NS-480 adopted by the Carlsbad City Council on May 4, .I 999.
If you have any questions please call the City Clerk’s office.
KATHLEEN D. SHOUP
Sr. Offtce Specialist
1200 Carlsbad Village Drive * Carlsbad, CA 92008-1989 - (760) 434-2808 ai9
City of Carlsbad
May 12,1999
San Diego County Law Library
1105 Front Street
San Diego, CA 92101
Enclosed for your records, please find the fGllowing copy(ies) of Ordinance
No(s). NS-480 adopted by the Carlsbad City Council on May 4,1999.
If you have any questions please call the City Clerk’s office.
KATHLEEN D. SHOUP
Sr. Office Specialist
1200 Carlsbad Village Drive - Carlsbad, CA 92008-l 989 0 (760) 434-2808 @
City of Carlsbad
May 12,1999
Book Publishing Company
201 Westlake Avenue North
Seattle, WA 981096293
Enclosed for your records, please find the following copy(ies) of Ordinance
No(s). NS-480 adopted by the Carlsbad City Council on May 4,1999.
If you have any questions please call the City Clerk’s office.
KATHLEEN D. SHOUP
Sr. Office Specialist
’
1200 Carlsbad Village Drive - Carlsbad, CA 92008-1989 - (760) 434-2808 @