ORDINANCE 1372ORDINANCE NO. X72
AN ORDINANCE ADDING A NEW CHAPTER 4 TO TITLE 10 OF THE
EL SEGUNDO MUNICIPAL CODE ENTITLED "SKATEBOARD
PARKS," AND CONSISTING OF SECTIONS 10 -4 -1 TO 10 -4 -5.
The city council of the city of El Segundo does ordain as follows:
SECTION 1: The City Council finds and determines as follows:
A. Skateboarding is a growing youth- oriented recreational activity within the city of
El Segundo. In recent years, specialized forms of skateboarding have become
popular. These types of activities have resulted in undesirable secondary effects
including, without limitation, damage to public and private property; increased
dangers for vehicle traffic traveling on public and private roads; and impediments
to the free flow of pedestrians using public property and common areas;
B. To help reduce these secondary effects of skateboarding, and to provide a
recreational opportunity for the City's youth, the City Council approved the
construction of skateboard parks within the City;
C. Skateboarding is a hazardous recreational activity which frequently results in
physical injury and can result in death. The City Council believes that
skateboarders should assume all risk associated with their activities, without
burdening the City's taxpayers with liability for personal injuries;
D. Skateboarding is a hazardous recreational activity as defined by Government
Code § 831.7. In order to have the immunities offered by Government Code §
831.7, however, the City must comply with Health and Safety Code § 115800;
E. The City Council finds that it is impractical to regularly supervise the City's
skateboard parks and therefore chooses to adopt regulations mandating the use of
safety equipment;
F. The City Council believes that the age and skateboard activity limitations placed
on the City's immunities by AB 1296 (Morrow) in 1997 and continued by SB 994
(Morrow) in 2002 are unwarranted and should be removed at the earliest
opportunity;
G. It is in the public interest to adopt this ordinance for the purpose of protecting the
public health, safety, and welfare.
SECTION 2: A new Chapter 4 is added to Title 10 of the El Segundo Municipal Code
(`SSMC ") to read as follows:
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"Chapter 4
SKATEBOARD PARKS
10 -4 -1:
PURPOSE.
10 -4 -2:
DEFINITIONS.
10 -4 -3:
PROTECTIVE GEAR REQUIRED.
10 -4 -4:
SIGNS.
10 -4 -5:
VIOLATIONS.
10 -4 -2: PURPOSE.
This chapter is adopted pursuant to the city's police powers and California Health
& Safety Code § 115800, and any succeeding or related statutes, for the purpose
of protecting the city from claims arising from use of public skateboard parks.
Skateboarding is an inherently dangerous recreational activity and persons using
skateboards should do so at their own risk.
10 -4 -3: DEFINITIONS.
Unless the contrary is stated or clearly appears from the context, the following
definitions will govern the construction of the words and phrases used in this
chapter.
A. "Director" means the city of El Segundo's director of recreation and parks, or
designee.
B. "Skateboard Park" means city owned and operated property designated by the city
council to be used for skateboarding purposes.
10- 4- 4:PROTECTIVE GEAR REQUIRED.
Any person skateboarding at a skateboard park must wear protective equipment
consisting of, at a minimum, a helmet, elbow pads, and kneepads.
10 -4 -5: SIGNS.
A. The director will provide notice regarding the requirements of this chapter to
individuals using the skateboard park by use of signs that state the following:
"THIS SKATEBOARD PARK IS NOT SUPERVISED.
SKATEBOARDING IS HAZARDOUS. THE EL SEGUNDO
MUNICIPAL CODE REQUIRES PERSONS USING THIS
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SKATEBOARD PARK TO WEAR A HELMET, ELBOW PADS, AND
KNEEPADS. FAILURE TO COMPLY IS UNLAWFUL."
B. These signs must be posted in at least one (1) conspicuous location, be made of a
durable material, and posted in a permanent manner.
10 -4 -6: VIOLATIONS.
Violations of § 10 -4 -3 will be prosecuted as infractions in accord with § 1 -2 -1 of
this code."
SECTION 3: The City Manager, or designee, is directed to maintain a record of all known or
reported injuries incurred by skateboarders in a skateboard park including, without limitation, a
record of claims and lawsuits arising from any such incident in compliance with Health and
Safety Code § 115800. These records must be filed with the Judicial Council not later than
January 30 of each year. The City Manager, or designee, is authorized to seek reimbursement
from the state of California for the cost of maintaining such records pursuant to Government
Code §§ 17500, et seq. without further City Council action.
SECTION 4: If any part of this Ordinance or its application is deemed invalid by a court of
competent jurisdiction, the city council intends that such invalidity will not affect the
effectiveness of the remaining provisions or applications and, to this end, the provisions of this
Ordinance are severable.
SECTION 5: The City Clerk is directed to certify the passage and adoption of this Ordinance;
cause it to be entered into the City of El Segundo's book of original ordinances; make a note of
the passage and adoption in the records of this meeting; and, within fifteen (15) days after the
passage and adoption of this Ordinance, cause it to be published or posted in accordance with
California law.
SECTION 6: This Ordinance will become effective on the thirty -first (31st) day following its
passage and adoption.
PASSED AND ADOPTED this 15thday of June '2004.
e lly McD well,
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ATTEST:
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
I, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby certify that the
whole number of members of the City Council of said City is five; that the foregoing Ordinance
No. 1372 was duly introduced by said City Council at a regular meeting held on the 1st
day of June 2004, and was duly passed and adopted by said City Council,
approved and signed by the Mayor, and attested to by the City Clerk, all at a regular meeting of
said Council held on the 15th day of June 2004, and the same was so passed
and adopted by the following vote:
AYES: McDowell, Gaines, Boulgarides, Busch, Jacobson
NOES: None
ABSENT: None
ABSTAIN: None
11� I �11"
A�
APPROVED AS
Mark D. HensW�
By: r
arl H. Berger
Assistant Citu .
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