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5811ORDINANCE NO. 5811 AN ORDINANCE OF THE CITY OF ANAHEIM ADDING CHAPTER 13.10 TO TITLE 13 OF THE ANAHEIM MUNICIPAL CODE REGULATING THE USE OF SKATE PARKS AND SKATEBOARDING FACILITIES WHEREAS, California Health and Safety Code section 115800 authorizes cities which maintain skate parks to meet their obligation to require persons using skateboard parks to wear helmets, elbow pads and knee pads by enacting an ordinance requiring the use of such protective equipment; and WHEREAS, the City of Anaheim will be operating such skate parks and skateboarding facilities and desires to fulfill its statutory requirements by this Ordinance. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. That Chapter 13.10 be, and the same is hereby, added to Title 13 of the Anaheim Municipal Code to read as follows: "CHAPTER 13.10 SKATE PARKS Sections: 13.10.010 Definitions. 13.10.020 Use of Protective Equipment Required 13.10.030 Rules and regulations Governing Use of Skate Parks. 13.10.040 Violation - Infraction 13.10.010 DEFINITIONS .010 "Skateboard" shall mean any platform or board of any size or composition to which two or more wheels are attached and which is intended to be ridden or propelled by one or more persons standing, sitting, lying or kneeling upon it and to which there is not affixed any seat. For purposes of this Chapter, the term "skateboard" shall also include in-line roller skates. AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA. ) SS. County of Orange ) I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the Anaheim Bulletin , a newspaper that has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California, on December 28, 1951, Case No. A-21021 in and for the City of Anaheim, County of Orange, State of California; that the notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: May 23, 2002 i "I certify (or declare) under the penalty of perjury under the laws of the State of California A i that the foregoing is true and correct': Executed at Santa Ana, Orange County, California, on May 23, 20 2 D 1� .. UJ Signature co A14at6im Bulletin V N 624-�rand Ave. QSantfk_Ana, CA 92701 LU (714) 79000 ext. 3002 o t_ PR66F OF PUBLICATION Ilit � pacc a too the a w, ORDINANCE NO. 5811 AN ORDINANCE OF THE CITY OF ANAHEIM ADDING CHAPTER 13.10 TO TITLE 13 OF THE ANAHEIM MUNICIPAL CODE REGULATING THE USE OF SKATE PARKS AND SKATEBOARDING FACILITIES WHEREAS, California Health and Safety Code section 115800 authorizes cities which maintain skate parks to meet their obligation to require persons using skateboard parks .ordinance requsringbtheuse of such s and protective e pads by n and WHEREAS, the City of Anaheim will be operating such skate parks and skateboarding facilities and desires to fulfill its statuto regRuirements blE this Ordinance OF NOWAN AH DOEOS ORDAIN FOLLOWS.ITY COUNCIL OF THE CITY SECTION_]. That Chapter 13.10 beand the same is hereby, added to Ti- tle 13 of the Anaheim Municipal Code to read as follows: "CHAPTER 13.10 SKATE PARKS I Sections. 113.10.010 Definitions. 13 10 020 Use of Protective Equipment Required 13.10.030 Rules and regulations Governing Use of Skate Parks. 13.10.040 Violation - Infraction 13.10.010 DEFINITIONS .010 "Skateboard" shall mean any platform or board of any size or composition to which two or more wheels are attach- ed and which is intended to be ridden or propelled by one or more persons standing.. sitting, lying or kneeling upon it and to which there is not affixed any seat. For purposes of this Chapter, the term "skateboard" shall also include in-line roller skates. .020 "Skate Park" shall mean any public facility that is de- signed, maintained and designated by the City of Anaheim for recreational Skateboard use. 13.10.020 Use of Protective Equipment Required 010 rsriding skating,or Skate- board osimilar device aSatek shall,at all times, wear elbow pads and knee pads and a helmet fastened un- der the wearer's chin by the straps and fasteners provided by the helmet's manufacturer. .020 The Director of Community Services shall cause signs to be posted at each Skate Park operated by the City of Anaheim providing notice of the requirements of this Chapter and of the penalties for failing to comply with the requirements of this Chapter. 13.10. 030 Rules and Regulations Governing Use of Skate Parks The Director of Community Services is authorized and empowered to set forth such rules and regulations governing the use of any public Skate Park which he or she deems appropriate, provided that signs describing such rules and regulations are posted and placed at each Skate Park. 13.10.040 Violation - Infraction It shell be unlawful for any person to ride, propel, use or skate upon any Skateboard or similar device in a Skate Park in violation of the provisions of this Chapter or the rules and regulations promulgated hereunder. Any person violating any provision of this Chapter shall, upon conviction thereof, be guilty of an infraction." SECTION 2. SAVINGS CLAUSE Neither the adoption of this ordinance nor the repeal of any other ordinance of the City shall in anyy manner affect the prosecution or other actions for Ada ons of ordinances, which violations were committed prior to the effective date thereof, nor be construed as a waiver of any license or penalty or the penal provisions applicable to any violations thereof The provisions of this ordinance, insofar as they are substantially the same as ordnance provisions previously adopted by the City relating to the same subject continuations, al ns, andbe n strued as restatements and of as new enactments c SECTION 3. SEVERABILITY The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence or word of this ordinance or of the Code hereby adopted be declared for any reason to -be invalid it is the intent of the Council that it would have passed ah other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid. SECTION 4. PUBLICATION The City Clerk shall certify to the passage of this ordinance and shall cause the same to be printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a newspaper of general circulation, published and circulated in said C'ltv. SECTION 5. EFFECTIVE DATE This ordinance shall take effect thirty (30) days from and after the date of its adoption. THE FOREGOING ORDINANCE is approved and adopted bhe City Council of the City of Anaheim this 14th day of Y , 2002. MAYOR OF THE CITY OF ANAHEIM CITY CLERK OF THE CITY OF ANAHEIM Introduced May 7, 2002 AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tart, McCracken NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: Daly Publish: Anaheim Bulletin May 23, 2002 .020 "Skate Park" shall mean any public facility that is designed, maintained and designated by the City of Anaheim for recreational Skateboard use. 13.10.020 Use of Protective Equipment Required .010 Any person riding, skating, propelling or using a Skateboard or similar device at a Skate Park shall, at all times, wear elbow pads and knee pads and a helmet fastened under the wearer's chin by the straps and fasteners provided by the helmet's manufacturer. .020 The Director of Community Services shall cause signs to be posted at each Skate Park operated by the City of Anaheim providing notice of the requirements of this Chapter and of the penalties for failing to comply with the requirements of this Chapter. 13.10.030 Rules and Regulations Governing Use of Skate Parks The Director of Community Services is authorized and empowered to set forth such rules and regulations governing the use of any public Skate Park which he or she deems appropriate, provided that signs describing such rules and regulations are posted and placed at each Skate Park. 13.10.040 Violation - Infraction It shall be unlawful for any person to ride, propel, use or skate upon any Skateboard or similar device in a Skate Park in violation of the provisions of this Chapter or the rules and regulations promulgated hereunder. Any person violating any provision of this Chapter shall, upon conviction thereof, be guilty of an infraction." SECTION 2. SAVINGS CLAUSE Neither the adoption of this ordinance nor the repeal of any other ordinance of the City shall in any manner affect the prosecution or other actions for violations of ordinances, which violations were committed prior to the effective date thereof, nor be construed as a waiver of any license or penalty or the penal provisions applicable to any violations thereof. The provisions of this ordinance, insofar as they are substantially the same as ordinance provisions previously adopted by the City relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments. 2 SECTION 3. SEVERABILITY The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence or word of this ordinance or of the Code hereby adopted be declared for any reason to be invalid, it is the intent of the Council that it would have passed all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid. SECTION 4. PUBLICATION The City Clerk shall certify to the passage of this ordinance and shall cause the same to be printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a newspaper of general circulation, published and circulated in said City. SECTION 5. EFFECTIVE DATE This ordinance shall take effect thirty (30) days from and after the date of its adoption. THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim this7thday of May 2002. Pro Tem 44 96J. 11 J1 4M42 - MAYOR OF Tliff CITY OF ANAHEIM ATTEST: C TY CLRFRK OF THE CITY OF ANAHEIM 44057.2 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance No. 5811 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 7th day of May, 2002, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 14th day of May, 2002, by the following vote of the members thereof: AYES NOES ABSENT: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken MAYOR/COUNCIL MEMBERS: None MAYOR/COUNCIL MEMBERS: Daly ABSTAINED: MAYOR/COUNCIL MEMBERS: None .a ITY CLE K OF THE CITY OF ANAHEIM (SEAL) AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA, ) SS. County of Orange ) I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the Anaheim Bulletin , a newspaper that has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California, on December 28, 1951, Case No. A-21021 in and for the City of Anaheim, County of Orange, State of California; that the notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: May 23, 2002 ►� i "I certify (or declare) under the penalty of L perjury under the laws of the State of California that the foregoing is true and correct": Executed at Santa Ana, Orange County. California, on May 23, 20 2, r UJ d $�gnature loo Anailliim Bulletin UJ N 62rand Ave. 'r Santy,Aua, CA 92701 W J 0714) 7-9..K-:7000 ext. 3002 PREF 6V PUBLICATION This space is for the County Clerk's Filing Stamp OFAMMANO IM 50N TTo TIS crrY OF TO 18 of MUMCIP�t RfilitlLA r# USE OF WKATE PARKS AND SKATE190ARDING FACILITIES WHEREAS, Cdlfomla Health and astaityOodseection 115800 auCrwizaa dries Which maintain sketaperks to meet their obligation to require Pill s urkOAk 06 - to weer helmets, elbow pads end kMee byees aYng as ordinance requiring the use of such equipment and WHEREAS, the City of Arahaimwfq be operstlnp such fu"lr skate a and sk yi tedWMes its _ ukarw�HHbbyEE ff.. Qrdr>onca. OF ANAHEIM DOES O��DAINaAS FOIL OF THE CITY" "CHAPTER 13.10 SKATE PARKS Sections: 13.10.010 Definitions• 13.10.020 Use of Protective Equipment and regulations Required at Skafe 13.10.030 Rules areguions Governing Parks. 13.10.040 Violation - Infraction 13.10.010 DEFINITIONS .010 "Skateboard" shall mean any platform or board of arri size or composition to which two or more wheels are attadt- ed and which is intended to be ridden or propelled by one or more persons standing, sitting, lying or kneeling upon t and to which there is riot affixed any seat. For purposes of this Chapter, the term "skateboard shell Woo include in -One roller .020 "Skala Park" $Wl meant any p� He facility tied is de- signed, maintained and desiprtated by the City of Anaheim fdr recreaffonel Skateboard use. 13.10J12p .tL•eSrCrri+�.�F^_"�^.o ,�..,a 'aw' *=6 VO 31 SBF -VS# 'AM41ftO S.iYf JeuoW.pd x4 Ast ey1=I gMPM s! UAX4 GOWN. 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