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Home My WebLink About94-18 CC OrdinanceORDINANCE NO. 94-18 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALI~'ORNIA, ADDING CHAPTER 10.36 TO THE TEMECULA MUNICIPAL CODE REGARDING PROHIBITING SKATEBOARDING, ROLLERBLADING, OR SIMILAR ACTIVITIES IN CERTAIN DESIGNATED AREAS. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. follows: Chapter 10.36 is hereby added to the Temecula Municipal Code to read as Chapter 10.36 SKATEBOARDING, ROLLERBLADING OR SIMILAR ACTIVITIES PROHIBITEl) IN CERTAIN DESIGNATED AREAS SECTIONS 10.36.010 10.36.020 10.36.030 10.36.040 10.36.050 10.36.060 10.36.070 10.36.080 Definitions General Prohibition Designation of Private Property as No Skateboarding Area Designation of Public Property as No Skateboarding Area Posting of Signs Required, Content Fees set by Resolution Penalties Exemptions from the Provisions of this Chapter 10.36.010 Definitions As used in this Chapter, the following terms shall have the meanings set forth herein: A. "Private Property" shall mcan any property held by private interests which is used primarily for business, commercial, retail, office space, business park, religious, multi-family or recreational purposes. This shall also include the sidewalks contained within the private property, parking lots, alleys and parking facilities for these "Private Property" areas. B. "Public Property" shall mean any property owned or maintained by the City of Temecula, Temecula Valley Unified School District, County of Riverside and any public utility with the geographic boundaries of the City of Temecula. Ords 94-18 1 C. "Rollerskates" or "Rollerblades' shall mean any footwear, or device which may be attached to the foot or footwear, to which wheels are attached, including wheels that are "in line" and where such wheels may be used to aid the wearer in moving or propulsion. D. "Skateboard" shall mean a board of any material, designed for the user/rider to stand or sit upon, which has wheels attached to it and which, if propelled or moved by human, gravitational, or mechanical power, and to which no separate steering mechanism is attached which directly controls the turning of the wheels or no mechanical braking system which will allow the rider to safely stop the wheel(s). 10.36.020 General Prohibition A. It shall be unlawful and subject to punishment in accordance with section 10.36.070 of this Chapter, for any person utilizing or riding upon any skateboard, rollerblades or any similar device to ride or move about in or on any public or private property when the same property has been designated by Resolution of the City Council and posted as a No Skateboard, Rollerblading or Similar Activity Area. B. No person shall use a skateboard, rollerblades or any similar device outside of a designated No Skateboard, Rollerblading or Similar Activity Area in a manner which creates a nuisance. For the purpose of this Chapter "nuisance" is defined as any activity which: 1. Threatens injury to any person or property, public or private; 2. Creates an obstruction or presents a hazard to the free and unrestricted use of public or private property by pedestrians or motorists; or 3. Generates loud or unreasonable noise. 10.36.030 Designation of Private Property as No Skateboardirtg, Rollerbladiqg or Similar Activity Area A. If the property is owner-occupied property, the owner shall submit a written application requesting a designation of a No Skateboarding, Rollerblading or Similar Activity Area. B. If the property is occupied by tenants of the owner, then the tenants shall submit a written application with 2/3 (66%) of the tenants on the property supporting a designation of No Skateboarding, Rollerblading or Similar Activity Area and the application shall also contain the written consent of the property owner or his or her designated representative. Ords 94-18 2 C. The City Council may, by Resolution, designate a private property as a No Skateboarding, Rollerblading or Similar Activity Area. The City Council shall designate such areas and the times when such activity would be prohibited and order the posting of appropriate signage in accordance with Section 10.36.050 of this Chapter. D. The City Clerk shall cause notice of City Council consideration of this application to be published in any newspaper of general circulation at least ten (10) days prior to City Council consideration. 10.36.040 Designation of Public Property as No Skateboarding, Rollerblading or Similar Activity Area A. The City Council may, upon review and recommendation by the Director of Public Works, designate any public roadway, sidewalk, or other public property as a No Skateboarding, Rollerblading or Similar Activity Area. The City Council shall designate such area and the times when such activity would be prohibited by Resolution and order the posting of appropriate signage in accordance with Section 10.36.050 of this Chapter. 10.36.050 Posting of Signs Required, Content A. Prior to the enforcement of the prohibition on skateboarding, rollerblading or similar activities, the area so designated shall be posted with signs which provide substantially as follows: NSkateboarding, rollerblading or similar activity, is prohibited by Temecula Municipal Code Section 10.36.020. Any violation is punishable by a fine of $25.00 for the first offense. City of Temecula Police Department 696-3000. N B. Such prohibition shall apply to the property or area so designated once the property or area has been posted with signs in plain view at all entrances to the property or area. Signs so posted at the entrances to the property or area, shall comply with the California Vehicle Section 22658 (a)(1). These signs will be 17" x 22~ with lettering not less than one inch in height. It shall be the responsibility of the property owner or tenant(s) to post and maintain all signs prohibiting skateboarding. 10.36.060 Fees set by Resolution A. The City Council may, by Resolution, establish fees for the receipt and processing of any applications for No Skateboarding, Rollerblading or Similar Activity Areas. In addition the City Council may, by Resolution, establish fees sufficient to cover the costs of developing, printing and posting the areas designated pursuant to this Chapter. Ordi 94-18 3 10.36.070 Penalties A. Any violation of this Chapter is deemed an infraction, punishable by a free of $25.00. A second violation of this Chapter shall be punishable by a fine of $50.00. All subsequent violations shall be deemed a misdemeanor punishable in accordance with Section 1.20 of this Code. 10.36.080 Exemptions from the Provisions of this Chaoter A. Any device designated, intended, and used solely for the transportation of infants, the handicapped, or incapacitated persons, devices designed, intended, and used for the transportation of merchandise to and from the place of purchase and other wheeled devices, when being used for either of these purposes shall be exempt from this Chapter. Furthermore the City Council may, by Resolution, suspend the enforcement provisions of this Chapter to ac.e. ommodate special events when so requested by the event organizer. Section 2. Severability The City Council hereby declares that the provisions of this Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph, or section of this ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this ordinance. Section 3. This Ordinance shall be in full force and effect thirty (30) days after its passage. The City Clerk shall certify to the adoption of this Ordinance. The City Clerk shall publish a summary of this Ordinance and a certified copy of the full text of this Ordinance shall be posted in the office of the City Clerk at least five days prior to the adoption of this Ordinance. Within 15 days from adoption of this Ordinance, the City Clerk shall publish a summary of this Ordinance, together with the names of the Councilmembers voting for and against the Ordinance, and post the same in the office of the City Clerk. Section 4. PASSED, APPROVED, AND ADOPTED this 12th day of July, 1994. Ron Roberts, Mayor ATTEST: Greek, City Clerk [SEAL] Ords 94-18 4 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA ) I, June $. Greek, City Clerk of the City of Temecula, California, do hereby certify that the foregoing Ordinance No. 94-18 was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 28th day of June, 1994, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council of the City of Temecula on the 12th day of July, by the following roll call vote: AYES: 5 COUNCILMEMBERS: Birdsall, Mufioz, Parks, Stone Roberts NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None · Greek, City Clerk Ords 94-18 5