12.05.190 Use of skateboards, scooters, and bicycles.
A. Prohibited Use. The use of skateboards is prohibited in all city parks other than the skate park. All skateboards and bicycles operated in the skate park shall be operated exclusively by human power. Use of motorized skateboards or bicycles (whether gas or electric) is prohibited.
B. Skate Park Rules and Regulations. The city establishes the following rules and regulations pursuant to this chapter. The city reserves the right to adopt additional rules and regulations, which shall be posted at the skate park, and shall be enforceable as if they were fully set forth in this chapter.
1. Use of Protective Equipment.
a. Any person operating a skateboard or bicycle within the skate park shall use protective headgear as defined in this chapter.
b. Any person operating a skateboard or bicycle within the skate park should also wear appropriate miscellaneous protective equipment as defined in this chapter.
2. Risk of Use. Use of the city skate park may constitute a hazardous recreational activity. All users of the skate park are deemed to do so at their own risk. No attendant will be on duty, and the city will not be responsible or liable for injury, death or theft of property.
3. Hazardous Conditions. Users of the skate park should not use the skate park when the skating surfaces are wet, slippery, damaged, hampered or blocked, or otherwise compromised. Users observing damage should promptly notify the city department of public works. Inclement weather may be cause for park closure, at the city’s discretion.
4. Prohibited Use. Users of the skate park are prohibited from acting in a careless manner that endangers or would be likely to endanger any person or property.
5. Loitering. Use of the skate park constitutes a potentially hazardous recreational activity, one that is often undertaken by individuals of young age or with little experience and who consequently increase the risk of injury to themselves and others. Serious injury may result to users of all skill levels, including, but not limited to, colliding with or avoiding other users, falling on or scraping the concrete skate park surface or other objects, and injuries from unattended rolling or flying objects. Such injuries may include death, paralysis, brain injuries, broken bones, and other serious injuries. Safe use of the skate park requires careful concentration and a calm environment free from distractions, including, without limitation, loud noises, crowded conditions, threatening or otherwise intimidating behavior, and other kinds of behavior prohibited under this chapter. Loitering inside the fenced area for the purpose – or with the effect – of distracting skate park users is consequently strictly prohibited because it may cause or lead to injury by skate park users. It shall be unlawful for a person to behave in a manner or under circumstances manifesting the purpose or effect of distracting others from safely using the skate park. Such circumstances shall include any violation of this chapter or:
a. Repeatedly beckoning to, stopping, or attempting to stop users or spectators of the skate park, or repeatedly attempting to engage passers-by in conversation;
b. Repeatedly interfering with the free passage of other persons;
c. Behavior that raises a reasonable suspicion that a person is about to engage in or is engaged in an activity that would violate this chapter or distract users of the skate park;
d. Acting under circumstances that warrant justifiable alarm for the safety of skate park users or for the skate park property and, upon inquiry by a police officer, refusal to identify himself or herself and give a reasonably credible account of his or her presence or purpose;
e. Taking flight upon the approach or appearance of a police officer.
6. General Behavior. All persons must use the skate park safely and responsibly. Negligent or reckless behavior is prohibited in the skate park, including, but not limited to, tandem riding, pushing, horseplay, bullying, profanity, or any other activity that could endanger the safety of users.
7. No Modifications. The skate park is to be used as designed. No modifications shall be made to the surface or features of the skate park, and no ramps, jumps, or obstacles shall be placed within the park.
8. Tobacco and Alcohol. Use of all tobacco products is prohibited in the skate park. Use or possession of alcohol is prohibited in the skate park.
9. Breakable Objects Prohibited. Glass or other easily breakable containers are prohibited inside the fenced area.
10. Amplified Music or Sound Prohibited. Use of amplified music or sound is prohibited.
11. Reservation of Rights to Close. The city reserves the right to close the park in the event of vandalism, graffiti, or aggressive behavior.
12. Exclusion from Skate Park. The city reserves the right to exclude users at such times as the city deems the skate park to be at full capacity.
13. Video Surveillance. The city reserves the right to subject the skate park to video surveillance at any or all times.
14. Right to Bar. The city reserves the right to eject and bar from the park any person who violates these rules and guidelines. Repeat violations may result in prohibition from future park usage.
C. Impoundment. The chief of police and those sworn police officers acting under the command of the chief of police, upon probable cause that a person is in violation of the requirements within this section to wear protective headgear, may impound the skateboard, scooter, in-line skates, bicycle or other device at the time of the violation and may issue a citation for said violation.
1. First Impoundment. The device impounded under this chapter shall be returned, after conviction of the violator and satisfaction of the terms of the sentence, to the owner, or if the person shall be acquitted of the charge, the impounded personal property shall be forthwith returned to the persons from whom it was taken for impoundment.
2. Second Impoundment – Additional Impoundments. When the device is impounded a second time, or multiple times, due to violations of this chapter, it shall be disposed of according to the order of the court; provided, that if the person shall be acquitted of the charge, the impounded personal property shall be forthwith returned to the persons from whom it was taken for impoundment. [Ord. 914 Art. 2, § 15, 2016; Ord. 869 Art. 2, § 18, 2013; Ord. 860 Art. 2, § 18; Ord. 812; Ord. 753; Ord. 744 Art. 2, § 17; Ord. 674; Ord. 669.]