HomeMy WebLinkAboutSkateboard Use - Ordinance No 3099 - Amendment to Chapter 10 (2) 6110, is
Authorized to Publish Advertisements of all kinds including •
public notices by Decree of the Superior Court of Orange
County.California. Number A 6214. September 29, 1961. and - '
A-24831 June 11. 1963
STATE OF CALIFORNIA
County of Orange
PUBLIC NOTICE
EMERGENCY
I am a Citizen of the United States and a ORDINANCE NO. 3099
resident of the County aforesaid: I am over the AN EMERGENCY
ORDINANCE OF THE
age of eighteen years, and not a party to or CITY OF
HUNTINGTON BEACH
interested in the below entitled matter. I am a AMENDING THE
principal clerk of the ORANGE COAST DAILY ORDINANCE HUNTINGTON CODE
BY AMENDING
PILOT, a newspaper of general Circulation, CHAPTER 10.20,
PERTAININGTO
printed and published in the City of Costa Mesa, PROHIBITED AREAS
County of Orange, State of CaMfomia, and that F SKATEBOARDS R °
attached Notice is a true and complete Ca as The City Council of the
P City of Huntington Beach
was printed and published in the Costa Mesa, lows: hereby ordain as fol-
SECTION 1: Huntington
Newport Beach, Huntington Beach, Fountain Beach Municipal Code
Chapter 10.20, Section
Valley, Irvine, the South Coast communities and 10.20.010 relating to pro-
truding loads, and Hunting-
Laguna Beach issues of said newspaper to wit ton Beach Municipal Code
Chapter 10.20, Section
the issue(s) of: 10.20.030 relating to skate-
boards are hereby re-
pealed.
SECTION 2: Section
10.20.040 of Chapter 10.20
of the Huntington Beach
Municipal Code is hereby PASSEb AND ADOPTED
April 24, 1991 amended to read as fol-oPUBLIC NOTICE by the City Council of the
10.20.040 Skateboards City of Huntington Beach at
and Roller Skates - Defini- as any activity which: 1) a regular meeting thereof
tions. threatens injury to persons held on the 15th day of
(a)A"business district"is or property; April, 1991.
defined for purposes of 2) creates an obstruction s/Peter Green,Mayor
this section, as any area or presents a hazard to the Attest: Connie Brockway,
within the City of Hunting- free use of public or private City Clerk
ton Beach bordering one property by pedestrians or (STATE OF CALIFORNIA,RANGE
side of local street or a motorists;or COUNTY OF ORANGE,
highway for a distance of 3) generates loud or un• CITY OF HUNTINGTON
at least 600 feet, or border- reasonable noise. BEACH) ss: I CONNIE
'ing both sides of a local (c) The City Council may, BROCKINAYi the dulyr
street or a highway for at,from time to time, desig- elected,City City n
least 300 feet, where at nate certain areas for of thec of Huntington
- least 50 percent of the skateboard use. Such Beach and a Councillo ofC the
property is occupied by,areas shall be designated of the City r certify,the
buildings in use for busi- by resolution of the City said the, foregoingdo herby
ordi-
ness. Council and posted with that the y
(b) Rollerskate and roller- signs which are consistent nance l ofs read to the City
Hunt-
blade shall mean any foot- with the standards for Council the City of wear or device which may signs utilized by the De- ington Beach at a regular
be attached to'the foot or partment of Public Works. meeting thereof held on
footwear, to which wheels SECTION 3. The City the 15th day of April 1991,n
I declare, under penalty of perjury, that the are attached and such Council finds after listening and wasb passedatleast our-
wheels may be used by the to the public comments re- adoptedfis (4/5)by four-
foregoln is true and Correct. wearer in moving. portingthe great dangers offtsa affirmativeuncl. votes
foregoing
(c) Skateboard shall mean nd ersona injury result- YES City Council.
a board of any material, ingfrom skateboard use in MacAllister,RYS: Councilmembers:
r 24 ;which has wheels attached reen, yW,ncRobhell, Silva,
April t 99 1 to and such wheels maybe business districts that the Green, Kelly, Robitaille,
Executed on prohibitions contained in Moulton-Patterson
used for moving or propul- this ordinance are urgently NOES: Councilmembers:
at Costa Mesa. California. sion. 'required to protect the
gie,„/
%�/r/�910.20.042 Skateboards health and safet of the None
'/''�" /�� // and Roller Skates Prohib- YABSENT: CounciI-
/G7L/� city's citizens from the cur- members:None
ited Uses. rent intermix of skate-
n (a) No person shall use a boards and the pedestrians Connie Brockway,
skateboard, roller blades, on our City's sidewalk. City Clerk and ex•
Signature or roller skates in any busi- We therefore find that we officlo Clerk of the City
Hess district. must pass this ordinance Council of the City of
(b) No person shall use a as an emergency ordi- Huntington Beach,
skateboard, roller blades, nance pursuant to the City California
or roller skates in a manner Charter,section 501.
3 which creates a nuisance. SECTION 4. This ordi- Published Orange Coast
For purposes of this sec- nance shall take effect im- Daily Pilot April 24, 1991.
5, tion "nuisances" is defined mediately after adoption. W146
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PROOF OF PUBLICATION
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APPROVED BY CIT'Wtd01'
fIVG'ST FOR CITY COUNCIL ACTT .
i0 I - PI)
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_Aff,„4„clea
Mayor and City Council 'r• �rn
Submitted to: -��
ft ;.,��m
Submitted by: Michael T. Uberuaga, City Administr.tor� L ;n n�o
Prepared by: Ron Lowenberg, Chief of Police I --- ,
Subject: CITY CODE 10 .20 REGULATING SKATEBOARD USE WITHIN .__.
HUNTINGTON BEACH •
L4.2.47-40
0 o�
Consistent with Council Policy? [ ] Yes [ ] New Policy or Exception � 7
Statement of Issue, Recommendation,Analysis, Funding Source, Alternative Actions,Attachments:
STATEMENT OF ISSUE: Amending City Ordinance Code 10 .20 relating to
the use of skateboards.
RECOMMENDATION: Approve the attached Ordinance. No. 3099 and thereby
amending Ordinance Code 10 .20 which regulates the use of skateboards
and other similar types of equipment.
ANALYSIS: The Police Department continues to receive complaints from
business owners and school officials in the community describing
hazards to customers and property damage committed by skateboarders .
The existing code relating to the use of skateboards requires an
identified victim in order for the officer to cite the violator. This
requirement makes enforcement extremely difficult. The recommended
revised ordinance eliminates the identified victim requirement in
business districts anywhere in the city. Business districts are
described using an extrapolation from the California Vehicle Code to
support the definition.
A citation could be issued in other parts of the city only when a
skateboarder has used a skateboard in a manner which is a nuisance as
defined by the code revision. In all locations, enforcement would be
discretionary by the officer, as are all other municipal code
sections.
In addition, the revision provides a means for the City Council to
designate areas for skateboard use as they deem necessary.
PAGE 2
CODE AMENDMENT 10.20
Community Services staff has made contact with several of the
skateboard manufacturers and shops located in Huntington Beach as well
as with individual skateboarders. A meeting has been scheduled to
review possible locations for skateboarding. The local shop owners
and manufacturers have been very helpful in providing information to
staff regarding a desirable location and methods for handling the
risk/liability factors. A proposal will be prepared and presented to
the Community Service Commission for their recommendation and then
brought to the City Council for final approval.
ALTERNATE ACTION: Deny approval and allow existing Code 10.20 to
remain in effect.
FUNDING SOURCE: N/A
ATTACHMENTS:
1. Revised ordinance.
RL/BP/pad
REQUES I FOR CITY COUNCIL ACTION
Date April 1, 1991
Submitted to: Honorable Mayor and City Council /A
Submitted by: Michael T. Uberuaga, City Administr A ;"" r ;-�Y�„
-�.�e-T�
Prepared by: Ron Lowenberg, Chief of PoliceL'0(
Subject: CITY CODE 10 . 20 REGULATING SKATEBOA USE WITHIN ` 44 i
HUNTINGTON BEACH
Consistent with Council Policy? [ I Yes [ ] New Policy or Exception At 4ii 3O f 9 c
Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: .�✓
STATEMENT OF ISSUE: Amending City Ordinance Code 10 .20 relating to
the use of skateboards.
RECOMMENDATION: Approve the attached Ordinance. No. 30 9 9 and
thereby amendment Ordinance Code 10 .20 which regulates the use of
skateboards and other similar types of equipment.
ANALYSIS: In reviewing the existing code relating to the use of
skateboards, it was felt that removal of the requirement for a
witness/complainant would provide the single most useful tool to
assist the police in regulating skateboard activity within this city.
Under the existing code a police officer must have a complaining party
who is willing to act as complainant before a citation can be issued.
Under the revised code, violators could be cited with only the officer
witnessing the violation much like is done with violations of the
vehicle code.
The revised code specifically prohibits the use of skateboards and
other such equipment in all areas of the city except those areas zoned
exclusively for residential use. It further provides that the use of
a skateboard in a manner which creates a nuisance is prohibited
without regard to the location of such a violation. Finally, the new
code would allow the City Council from time to time to designate
certain areas for skateboard use, as they deemed necessary.
ALTERNATE ACTION: Deny approval and allow existing Code 10 .20 to
remain in effect.
FUNDING SOURCE: N/A
ATTACHMENTS:
1 . Revised ordinance.
PD/pad
pin irur
CITY OF HUNTINGTON BEACH
INTER-DEPARTMENT COMMUNICATION
HUNTINGTON BEACH
To Mayor and City Council From Rol-Hagan
City Administrator Director
Community Services
Subject Skateboard Ordinance Date April 10, 1991
Yesterday, Bill Fowler and I met with a number of skateboard shop
owners/representatives and others who are interested in working
with the city in seeking alternative sites for skateboard
activity.
At the meeting, we went over the proposed ordinance which is
being presented for your consideration on Monday, April 15, 1991 .
A number of those present stated that they would be at Monday' s
Council meeting to speak to the. issue.
A tour of the city was also taken to investigate certain areas
that might work as sites for skateboard parks. A combination of
supervised and unsupervised sites were explored, with the idea of
locating them near commercial areas where they might already be
skating, but away from residential areas.
•
We have received a lot of information concerning the background
of skateboarding, park design, liability issues, demographics,
etc. , and we are in the process of analyzing this material . A
report will be forthcoming to Council along with a recommendation
and alternatives regarding this issue.
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ORDINANCE NO. 2 C 9 "��
AN ORDINANCE OF THE CITY OF HUNTINGTON BE-CH ✓
AMENDING THE HUNTINGTON BEACH ORDINANCE/CODE BYl
AMENDING CHAPTER 10 .20, PERTAINING TO PROHIBITED
AREAS FOR VEHICLES AND SKATEBOARDS
The City Council of the City of Huntington /Beach does
hereby ordain as follows : /
//
SECTION 1: Section 10 .2010 relating to Protruding
Loads, and Section 10 .20 . 030 relating to skateboards, of
r
Chapter 10 .20 of the Huntinglton Beach Municipal Code, are
/
hereby repealed. / /
f
SECTION 2 : Section'10 .20 . 040, of Chapter 10 .20, of the
Huntington Beach Muni''ci al Code is hereby amended to read as
follows :
10 .20 .1040 Skateboards .
( ) No person shall use a skateboard, roller blades,
or roller skates in any area open to the general
public anywhere within the City, except in areas
of the City zoned exclusively for residential use.
(b) No person shall use a skateboard, roller blades,
or roller skates in a manner which creates a
nuisance.
////
For purposes of this section "nuisance" is
defined as any activity which:
1) threatens injury to persons or property;
2) creates an obstruction or presents a
hazard to the free use of public or
private property by pedestrians or
motorists; or
3) generates loud or unreasonable noise.
(c) The City Council may, from time to time,
designate certain areas for roller skate or
skateboard use. Such areas shall be designated
by resolution of the City Council and posted with
signs which are consistent with the standards for
signs utilized by the Department of Public Works .
SECTION 4 . This ordinance shall take effect thirty (30)
days after adoption.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the
day of , 1991.
Mayor
ATTEST: APPROVED S T
City Clerk 7/zL/5/City Attorne
R IEWED AND APPROVED. INITIATED AND APPROV
City Ad nistrator
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(c) The City Council may, from time to time, designate
certain areas for roller skate or skateboard use. Such areas
shall be designated by resolution of the City Council and posted
with signs which are consistent with the standards for signs
utilized by the Department of Public Works.
10.20.050 Pedestrian overcrossing--Toy Vehicles Prohibited.
It is unlawful for any person to ride a skateboard, coaster toy
vehicle, roller skates or any vehicle of a similar nature over
any pedestrian overcrossing within the limits of the city.
2
ORDINANCE NO. -s C7 9 r*"'
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING THE HUNTINGTON BEACH ORDINANCE/CODE BY
AMENDING CHAPTER 10 .20, PERTAINING TO PROHIBITED
AREAS FOR VEHICLES AND SKATEBOARDS
The City Council of the City of Huntigton Beach does
hereby ordain as follows : "
Pi
SECTION 1: Huntington Bea‘ Municipal Code Chapter
10 .20, Section 10 .20 . 010 relating to protruding loads, and
Huntington Beach Municipal Cdde Chapter 10 .20, Section
10 .20 . 030 relating to skateboards are hereby repealed.
SECTION 2 : Sejc�>ion 10 .20 . 040 of Chapter 10 .20 of the
Huntington Beach Municipal Code is hereby amended to read as
follows :
10 .20 . 0 0 Skateboards and Roller Skates - Definitions .
(a) A "business district" is defined for purposes of
i this section, as any area within the City of
Huntington Beach bordering one side of a local
street or a highway for a distance of at least
600 feet, or bordering both sides of a local
street or a highway for at least 300 feet, where
at least 50 percent of the property is occupied
by buildings in use for business .
1
(b) Rollerskate and rollerblade shall mean any
footwear or device which may be attached to the
foot or footwear, to which wheels are attached
and such wheels may be used by the wearer in
moving.
(c) Skateboard shall mean a board of any material,
which has wheels attached to and such wheels may
be used for moving or propulsion.
10 . 20 . 042 Skateboards and Roller Skates
Prohibited Uses .
(a) No person shall use a skateboard, roller blades,
or roller skates in any business district.
(b) No person shall use a skateboard, roller blades,
or roller skates in a manner which creates a
nuisance. For purposes of this section
"nuisance" is defined as any activity which:
1) threatens injury to persons or property;
2) creates an obstruction or presents a
hazard to the free use of public or
private property by pedestrians or
motorists; or
3) generates loud or unreasonable noise.
2
(c) The City Council may, from time to time,
designate certain areas for skateboard use. Such
areas shall be designated by resolution of the
City Council and posted with signs which are
consistent with the standards for signs utilized
by the Department of Public Works .
SECTION 3 . This ordinance shall take effect thirty (30)
days after adoption.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the
day of , 1991 .
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk / �C t orney y�iD- q/
y
REVIEWED AND APPROVED: INITI ED AND APPR D:
-Jr=L-17
City Administrator
3
f/;7
.-"1 Q"'6`i ORDINANCE NO.3 01 9-
AN EMERGENCY ORDINANCE OF THE CITY OF HUNTINGTON BEA1-1
AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY
AMENDING CHAPTER 10 . 20 , PERTAINING TO PROHIBITED
AREAS FOR VEHICLES AND SKATEBOARDS
The City Council of the City of Huntington Beach does
hereby ordain as follows :
SECTION 1 : Huntington Beach Municipal Code Chapter
10 . 20 , Section 10 . 20 . 010 relating to protruding loads , and
Huntington Beach Municipal Code Chapter 10 . 20 , Section
10 . 20 . 030 relating to skateboards are hereby repealed .
SECTION 2 : Section 10 . 20 . 040 of Chapter 10 . 20 of the
Huntington Beach Municipal Code is hereby amended to read as
follows :
10 . 20 . 040 Skateboards and Roller Skates - Definitions .
(a) A "business district" is defined for purposes of
this section, as any area within the City of
Huntington Beach bordering one side of a local
street or a highway for a distance of at least
600 feet, or bordering both sides of a local
street or a highway for at least 300 feet., where
at least 50 percent of the property is occupied
by buildings in use for business .
1
(b) Rollerskate and rollerblade shall mean any
footwear or device which may be attached to the
foot or footwear, to which wheels are attached
and such wheels may be used by the wearer in
moving .
(c) Skateboard shall mean a board of any material „
which has wheels attached to and such wheels may
be used for moving or propulsion_
10 . 20 . 042 Skateboards and Roller Skates
Prohibited Uses .
(a) No person shall use a skateboard, roller blades,
or roller skates in any business district .
(b) No person shall use a skateboard, roller blades ,
or roller skates in a manner which creates a
nuisance. For purposes of this section
"nuisance" is defined as any activity which:
1) threatens injury to persons or property;
2) creates an obstruction or presents a
hazard to the free use of public or
private property by pedestrians or
motorists; or
3) generates loud or unreasonable noise_
2
1
, b
(c) The City Council may, from time to time,
designate certain areas for skateboard use. Such
areas shall be designated by resolution of the
City Council and posted with signs which are
consistent with the standards for signs utilized
by the Department of Public Works .
SECTION 3 . The City Council finds after listening to
the public comments reporting the great dangers and personal
injury resulting from skateboard use in business districts that
the prohibitions contained in this ordinance are urgently
required to protect the health and safety of the city' s
citizens from the current intermix of skateboards: and the
pedestrians on our city' s sidewalk.
3
We therefore find that we must pass this ordinance as an
emergency ordinance pursuant to the City Charter, section 501_
SECTION 4 . This ordinance shall take eff ecl imrmediatesy
after adoption.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held. on the Ij'
'�GIC
day of 1'y314' l , 1991 .
4// 6; ee/c1
Mayor
ATTEST: APP VED A 'TO FO
/5/ (. ()/7/✓t/l E 7,e0c6,7,4-7/
City Clerk � ' ty Attorney'
'
REV 'E ' AND . 'PROVE,' : IN IATED APPROVED
Aihh
Cit Admini or
4
. , ,
Emergency Ord,, No, 3099 .
•
��' , STATE OF CALIFORNIA
Pau
COUNTY OF ORANGE . ss :
y<n., CITY OF HUNTINGTON BEACH )•
I CONNIE BROCKWAY, the duly elected, qualified City ' '
Clerk of the City of Huntington Beach and ex-officio Clerk of
the City Council of the said City, do herby certify that the
foregoing ordinance was read to the City Council of the City
of Huntington Beach at a regular meeting thereof held on the
15th day of April 19 91 , and was passed and adopted by
at least four-fifths (4/5) affirmative votes of said City Council .
AYES: Councilmembers :
MacAllister, Winchell , Silva, Green, Kelly, Robitaille, Moulton-Patterson
Y.
•
NOES: Councilmembers ;
None
ABSENT: Councilmembers :
None
tel*fli al41"4")
City Clerk and-...,ex-officio Clerk
of the City Council of,:the...-:Ci ty.
of Huntington Beach,, California, :
' ) // LI ;1 \ °