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HomeMy WebLinkAbout1998-08-10 City Council (29)City of Palo Alto City Manager’s Report TO:HONORABLE CITY COUNCIL FROM:CITY MANAGER DEPARTMENT: COMMUNITY SERVICES 7 DATE:AUGUST 10, 1998 CMR: 322:98 .SUBJECT:ORDINANCE AMENDING PALO ALTO MUNICIPAL CODE SECTION 22.04.321 REGULATING USE OF THE SKATEBOARD FACILITY IN JOHN LUCAS GREER PARK REPORT IN BRIEF This report forwards a recommendation to adopt an ordinance that reenacts a requirement that helmets, knee pads, and elbow pads be worn when using the skateboard facility in John Lucas Greer Park. The ordinance will also prohibit the use of the skateboard facility by bicycles, roller blades and similar devices. Staff further recommends adoption of an ordinance provision prohibiting "stunt, trick, and luge" skateboarding. Park Regulations adopted by the City Manager are included in this report and submitted to Council under the procedures of Palo Alto Municipal Code (PAMC) 22.04.030; these regulations contain definitions of"stunt, trick, and luge" skateboarding. The recommendation to establish this ordinance is in response to legislation, AB 1296, that adds, with limitations, skateboarding to the list of "hazardous recreational activities." This provides some immunity ’from tort liability to the City. CMR: 322:98 Page 1 of 5 RECOMMENDATION Staff recommends that Council approve the ordinance amending the PAMC section 22.04.321 regulating use of the skateboard facility in John Lucas Greet Park. BACKGROUND California public agencies proposed AB 1296 in the 1997 Legislative Session to add skateboarding to the long list of "hazardous recreational activities" for which public entities have immunity from tort liability under Government Code section 831.7. Among the hazardous recreational activities previously accepted by the Legislature are "equestrian competition, archery, bicycle racing or jumping, mountain bicycling, boating, cross-country and downhill skiing, hang gliding, kayaking, motorized vehicle racing, off-road motorcycling, orienteering, pistol and rifle shooting, rock climbing, rocketeering, rodeo, spelunking, sky diving, sport parachuting, body contact sports, surfing, trampolining, tree climbing, tree rope swinging, white water rafting, and wind surfing." However, the trial lawyer’s lobbyists convinced the Legislature that "ordinary" skateboarding by "young kids" was not comparable to these recreational activities in riskiness. As enacted, AB 1296 was severely limited so that skateboarding at a public skateboard park is a hazardous recreational activity only if: The person skateboarding is fourteen years of age or older The skateboarding activity is "stunt, trick, or luge" skateboarding The skateboard park is on public property AB 1296 also requires public skateboard park operators to maintain a record of all known or reported injuries, claims, and lawsuits, and to file copies of these records with the Judicial Council annually, beginning in 1999. The Judicial Council is required to report to the Legislature on the cumulative statistics of public skateboard park injuries, claims, and lawsuits by March 31, 2000. The limited immunity granted under AB 1296 will expire on January 1, 2001, for all public skateboard parks built before 1998. Presumably, the Legislature will either extend the immunity in some form or allow it to expire during the Year 2000 Legislative Session. At this time, staffrecommends adoption of an ordinance that will prohibit "stunt, trick and luge" skateboarding, and staffwill adopt Parks Regulations that attempt to give some meaningful definition of these terms for the guidance of skateboarders and supervisory staff as well as to implement the limited immunity obtained by AB 1296. The League of California Cities and the City of Palo Alto had obtained some earlier limited immunity from the Legislature in 1993, allowing public agencies that operated skateboard parks not regularly supervised to fulfill their statutory obligation to require users to wear helmets and pads by passing a local ordinance and posting signs requiring helmets and pads. Palo Alto enacted an ordinance immediately, but it wag inadvertently deleted from the CMR: 322:98 Page 2 of 5 PAMC during the 1997 comprehensive revisions to the Parks section of the PAMC. Reenactment of that requirement for helmets and pads is recommended. DISCUSSION Staff recommends reenacting the ordinance requiring the wearing of helmets, elbow pads and knee pads when using the skateboard facility in John Lucas Greer Park. Staff also recommends adoption of an ordinance provision prohibiting use of the skateboard facility by bicycles, roller blades, or other non-skateboard devices. The skateboard facility is not designed for these other uses and cannot safely be used by them. Staff further recommends adoption of an ordinance provision prohibiting "stunt, trick, and luge" skateboarding. Parks Regulations, adopted by the City Manager, are attached and submitted to Council under the procedures of PAMC 22.04.030. These regulations contain definitions of"stunt, trick, and luge" skateboarding to give guidance to skateboarders and supervisory staff as well as to implement the limited immunity obtained from AB 1296. Staffhas developed a list of tricks, stunts and other behavior that may be dangerous and thus will not be allowed to occur in the Greer Park skateboard facility. Staff at the site will monitor participants and instruct them not to engage in such activities. Failure to adhere to these rules and/or direction from staff could result in citation and/or suspension of permission to use the skateboard facility. The prohibited actions are: Body flips Riding a skateboard facing entirely backwards Two or more individuals riding on the same skateboard Riding a skateboard on one’s knees or while sitting or lying on the skateboard Causing the skateboard intentionally to shoot out away from the rider Tandem skating within three feet in front of or behind each rider Any other stunt or trick that exceeds the skill level of the skateboarder and presents a risk of serious injury to that skateboarder or to other skateboarders. A sign is currently posted at the facility requiring the wearing of protective gear. Hours of operation are also posted and no person may enter or use the facility during closed hours, which are specified in the regulations. That sign will be revised to include prohibition of bicycles, roller blades, etc. plus activities characterized as stunt, trick or luge skateboarding. Violators will be subject to expulsion and/or citation as an infraction. There are no operational changes proposed at this time. Though not required, the skateboard bowl will continue to be supervised during posted hours of operation, which change seasonally. Staff believes that it is.prudent to supervise the facility for a number of reasons, including: ° Enforcement of rules, regulations, and safe conduct CMR: 322:98 Page 3 of 5 Enforcement of "youth only" hours that allow younger and less experienced skaters under the age of fourteen exclusive use of the b0wl during regularly scheduled periods The ability to respond quickly in the event of an accident A chart outlining current hours of staffing is shown on Attachment A. There is a pattern of use of the facility during non-staffed hours~ which is virtually unavoidable. The bowl cannot be supervised around the clock. Previous attempts to lock the facility after hours have not been successful. The fence was vandalized and cut almost daily by those seeking access during non-staffed hours. A self-closing gate has been installed, greatly reducing vandalism. Existing legislation affords the City liability protection during these non-staffed hours of operation. Police spot check the facility on a random basis as do Recreation Division management staff. Records of all known and reported injuries at the skateboard park are currently maintained. In accordance with AB 1296, copies of these records will be filed annually with the Judicial Council, beginning in 1999. Since January 1991, thirty-three injuries requiring first aid or paramedics have been reported. A significant number of these have been bumps, bruises and abrasions. There have been seven reports of broken bones or dislocations, and eight head injuries, two of which are known to have been of a more serious nature. However, there have been no liability claims against the City regarding the skateboard bowl. Most (26) of the reported injuries have occurred with staff on duty. There are, undoubtably, accidents that occur after hours and are unreported. Skateboarders seem to accept the possibility of injury as part of the sport and have expressed concern that reporting of accidents could result in closure of the facility. No amount of monitoring will guarantee that accidents will not occur. Skaters traveling at higher speeds will still collide or attempt maneuvers beyond their level of skill. Conduct at the skateboard bowl has not been a significant problem. Skaters appreciate the facility and "self-police"by exercising considerable influence over those who are prone to violate the rules or engage in reckless or disorderly conduct. They willingly use protective gear when required to do so, but are undoubtably less likely to use it when unsupervised. Complaints fxom park users or adjoining neighbors are virtually nonexistent. Police respond to calls for service when someone reports inappropriate or illegal activity. Since 1991, there have been seventy-five non-injury police responses. Nearly all (97%) of these occur when staffis not present and the majority of calls related to after-hour use. A summary of calls can be found in Attachment B. RESOURCE IMPACT Reenactment of this ordinance creates no impact on current or future resources. Potential litigation savings are possible. CMR: 322:98 Page 4 of 5 POLICY IMPLICATIONS This recommendation is consistent with existing City policy. ENVIRONMENTAL REVIEW Not a project under CEQA. ATTACHMENTS A. Greer Park Skateboard Bowl Hours of Operation B. Greet Park Skateboard Bowl Police Calls for Service C. Legislative Counsel’s Digest of AB 1296 D. Ordinance regulating use of the skateboard facility in John Lucas Greet Park E. Parks Regulations for the skateboard facility in John Lucas Greer Park PREPARED BY: Barry Weiss, Superintendent of Recreation DEPARTMENT HEAD:. PAUL THILTGEN Director, Community Services CITY MANAGER APPROVA~ EMIKY HARRISON Assistant City Manager CMR: 322:98 Page 5 of 5 Attachment A ~ * Hours of operation never extend past dusk as the facility has no lighting. Attachment B Greet Park Skateboard Bowl Police Calls for Service After-hours use of facility Individuals causing a disturbance Bicycles or roller blades in the facility Safety gear not being wom Dangerous tricks being performed Marijuana smoking Suspicious person January 1991 - March i998 6 ..’kR 1~9.-3 _~ -http://www.sen.ca.gov/htbin/ca-html...00.AB 1296]CURRVER.TXT; lroill/AB 129, AB 1296 Liability. BILL NUMBER: AB 1296 CHAPTERED 09/30/97 CHAPTER 573 FILED WITH SECRETARY OF STATE ’ SEPTEMBER 30, 1997 APPROVED BY GOVERNOR SEPTEMBER 29, 1997 PASSED THE ASSEMBLY SEPTEMBER 11, 1997 PASSED THE SENATE SEPTEMBER 4, 1997 AMENDED IN SENATE AUGUST 29, 1997 AMENDED IN SENATE JULY 22, 1997 INTRODUCED BY Assembly Members Morrow, Mazzoni, and (Coauthor: SenatorThompson) S~rom-Mart in FEBRUARY 28, 1997 An act to amend, repeal, and add Section 115800 of~e Health and Sa~W Code, relating to li~ility. LEGISLATIVE COUNSEL!S DIGEST AB 1296, Morrow. Liability. Existing law provides that neither public entities nor public employees are liable to any person who participates in a hazardous recreational activity. Existing law defines "hazardous recreational activities" for these purposes to include various activities. This bill would provide that skateboarding at a public skateboard park is a hazardous recreational activity for purposes of those provisions if the person skateboarding is 14 years of age or older, the skateboarding activity was stunt, trick, or luge skateboarding, and the skateboard park is on public property, as specified.. The bill would require appropriate local public agencies to maintain a record of all known or reported injuries incurred by skateboarders in a public skateboard park or facility, and. other information regarding those incidents, as specified, and would require copies of these records to be filed with the Judicial Council armually, beginning in 1999. By imposing additional duties on local public agencies, the bill would create a state-mandated iocalprogram. The bill would require the Judicial Council to submit a report to the Legislature regarding this information on or before March 31, 2000, as specified. The bill would provide for the repeal of these provisions on January 1, 2003. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement, including the creation of a State Mandates Claims Fund to pay the costs of mandates that do not exceed $1,000,000 statewide and other procedures for claims whose statewide costs exceed $1,000,000. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. SECTION 1. Section 115800 of the Health and Safety Code is amended to read: 115800. (a) NO (~perator of a skateboard park shall permit any person to ride a skateboard therein, unless 1 of 3 01/23/98 15:12:2z ~.J31_2, 96 ...." http:/A~tww.sen.ca.gov/htbin/ca-html...00.AB 1296]CU RRVE R.TXT; 1YoilI/AB 1296 that person is wearing a helmet, elbow pads, and knee pads. (b) With respect to any facility, owned or operated by a local public agency; that is designed and maintained for the purpose of recreational skateboard use, and that is not Supervised on a regular basis, the requirements of subdivision (a) may be satisfied by compliance with the following: (1) Adoption by the local public agency of an ordinance requiring any person riding a skateboard at the facility .to wear a helmet, elbow pads, and knee pads. (2) The posting of signs at the facility affording reasonable notice that any person riding a skateboard in the facility must wear a helmet, elbow pads, and knee pads, and that any person failing to d9 so Will be subject to citation under the ordinance required by paragraph (1). " ........ i (c) "Local public agency" for purposes of this section includes, but is not limited to, a city, county, or city and county. (d) (1) Skateboarding at any facility oi" park owned or operated by a public entity as a public skateboard park, as provided in paragraph (3), shall be deemed a hazardous recreational activity within the meaning of Section 831.7 of the Government Code if all of the following conditions Ne met: (A)The person skateboarding is 14 years of age or older. (B)The skateboarding activity that caused the injury was stunt, trick, or luge skateboarding. (C)The skateboard park is on public property that complies with subdivision (a) or (b). (2) In addition to the provisions of subdivision (c) of Section 831.7 of the Government Code, nothing in this section is intended to limit the liability of a public entity with respect to any other duty imposed pursuant to existing law, including the duty to protect against dangerous conditions of public property pursuant to Chapter 2 (commencing with Section 830) of Part 2 of Division 3.6 of Title 1 of the Government Code. (3) For public skateboard parks that were constructed on or before January 1, 1998, this subdivision shall apply to hazardous recreational activity injuries incurred on or after January 1, 1998, and before January 1, 2001. For public skateboard parks that are constructed after January 1, 1998, this subdivision shall apply to hazardous recreational activity injuries incurred on or after January 1, 1998, and before January 1, 2003. For purposes of this subdivision, any skateboard facility that is a movable facility shall be deemed constructed on the first date it is initially made available for use at any location by the local public agency. (4) The appropriate local public agency shall maintain a record of all known or reported injuries incurred by a skateboarder in a public skateboard park or facility. The local public agency shall also maintain a record of all claims, paid and not paid, including any lawsuits and their results, arising from those incidents that were filed against the public agency. Be.ginning in 1999, copies of these records shall be filed annually, no later than January 30 each year, with the Judicial Council, which shall submit a report to the Legislature on orl before March 31, 2000, on the incidences of injuries incurred, claims asserted, and the results of any lawsuit filedl by persons injured while skateboarding in public skateboard parks or facilities. (5) This subdivision shall not apply on or after January 1,2001, to public skateboard parks that were constructed on or before January 1, 1998, but shall continue to apply to public skateboard parks that are constructed after January 1, 1998. 2of3 01/23/98 15:12:24 ¯ ~-91_2,96.. ,. -http:/ANv~v.sen.ca, gov/htbin/ca-html...00.AB 1296]C URRVER.TXT; 1/bill/AB 1296 (e) This section shall remain in effect until January 1, 2003, and as of that date is repealed, unless a later enacted statute, enacted before January 1, 2003, deletes or extends that date. SEC. 2. Section 115800 is added to the Health and Safety Code, to read: 115800. (a) No operator of a skateboard park shall permit any person to ride a skateboard therein, unless that person is wearing a helmet, elbow pads, and knee pads. (b) With respect to any facility, owned or operated by a local public agency, that is designed and maintained for the purpose of recreational skateboard use, and that is not supervised on,~ a regular basis, the requirements of subdivision (a) may be satisfied by compliance with the followiiig: ; (1) Adoption by the local public agency of an ordinance requiring any person riding a skateboard at the facility to wear a helmet, elbow pads, and knee pads. (2) The posting of signs at the facility affording reasonable notice that any person riding a skateboard in the facility must wear a helmet, elbow pads, and knee pads, and that any person failing to do so will be subject to citation under the ordinance required by paragraph(I). ~ (c) "Local public agency" for purposes of this section includes, but is not limitedto, a city, county, or city and county. (d) This section shall become operative on January 1, 2003. SEC. 3. Notwithstanding Section 17610 of the Government Code, if the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant tO Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. If the statewide cost of the claim for reimbursement does not exceed one million dollars ($1,000,000), reimbursement shall be made from the State Mandates Claims Fund. Notwithstanding Section 17580 of the Government Code, unless otherwise specified, the provisions of this act shall become operative on the same date that the act takes effect pursuant to the California Constitution. Senate Home Page Search Bill Text Senate Rules Committee / California State Senate / WebMaster@sen.ca.gov ORDINANCE NO. ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING SECTION 22.04~.321 OF CHAPTER 22.04 OF TITLE 22 OF THE PALO ALTO MUNICIPAL CODE REGULATING USE OF THE SKATEBOARD FACILITY IN JOHN LUCAS GREER PARK The Council of the City of Palo Alto does ORDAIN as follows: SECTION i. The Council finds as follows: (a) On November 30, 1992, Ordinance No..4120 was enacted which established hours of operation for the skateboard facility at John Lucas Greer Park and required the wearing of helmets, elbow pads and knee pads while riding a skateboard in that facility; and, (b) When Ordinance No. 4368 was enacted on September 9, 1996, generally revising Chapters 22.04 and 22.08, the prohibition on skateboarding at the facility in John Lucas Greer Park without helmets and pads was unintentionally deleted; and, (c) The Council now desires to reenact the prohibition on skateboarding at the skateboard facility in John Lucas Greer Park without helmets and pads; and, (d) The Council also desires to limit the use of the skateboard facility in John Lucas Greet Park to skateboarding and to prohibit its use by bicycles, rollerblades, and similar devices; and, (e) The Council further desires to prohibit stunt, trick, and luge skateboarding at the skateboard facility in John Lucas Gree Park in order to assume the hazardous recreational activity immunity from personal injury liability afforded by Assembly Bill 1296 of the 1997 Regular Legislative Session. It is the intention of the Council that parks regulations shall be promulgated pursuant to the authority of Section 22.04.030 of Chapter 22.04 of Title 22 of the Palo Alto Municipal Code implementing and further defining this prohibition on stunt, trick, and luge skateboarding at the skateboard facility. SECTION 2. Section 22.04.321 of Chapter 22.04 of Title 22 of the Palo Alto Municipal Code is hereby amended to read as follows: 22.04.321 John Lucas Greet Park - Use of or trespass at skateboard facility prohibited when closed. (a) No person shall use, remain in or enter the skateboard facility, located within John Lucas Greet Park, during all closed hours specified in park regulations. A notice indicating time or period when the skateboard facility is closed shall be posted at the skateboard facility. 980~04 syn 004346~ [ii.~iii_i.li.i!i.i!For purposes of this section, the term "skateboard facility~<~~hall mean the fence, and the entire fenced area surround- ing and including the skateboard bowl and the land adjacent to the skateboard bowl, located in John Lucas Greer Park. The boundaries of Greer Park are set forth under Section 22.08.010 of this code. ~ i:ii~i~i~ili This section does not apply to any duly authorized city employee. ~ ~i!i~}!ili!ii~y person who violates this section is guilty of an infraction and upon conviction thereof shall be punished as provided in Section 1.08.010 of this code. Each violation constitutes a separate offense and may be separately punished. SECTION 3. The Council finds that this is not a project under the California Environmental Quality Act and, therefore, no environmental impact assessment is necessary. SECTION 4. This ordinance shall be effective on the commencement of the thirty-first day after the date of its adoption. INTRODUCED: PASSED:. AYES: NOES: ABSTENTIONS: ABSENT: ATTEST:APPROVED: City Clerk Mayor City Manager Director of Community Services APPROVED AS TO FORM: Senior Asst. City Attorney 980804 syn 0043468 2 REGULATION OF THE CITY OF PALO A LTO REGARDING USE OF THE SKATEBOARD FACILITY IN JOHN LUCAS GREER PARK As authorized by Palo Alto Municipal Code section 22.04.030, the following regulation is adopted, to be effective fifteen days following submission to the Council made the date stated below. (1) The skateboard facility located in John Lucas Greer Park, shall be used for skateboard purposes only. Use of the skateboard facility by persons on rollerblades, rollerskates, bicycles,or similar devices is prohibited. (2) No person shall skateboard in the skateboard facility unless that person is wearing a helmet, elbow pads on each elbow, and knee pads on each knee. (3) No person shall use, remain in, or enter the skateboard facility except between the following hours during which the skateboard facility is open to public use:. Start of school year through October 31 Weekdays Weekends and legal and school holidays 1 p.m. - 6 p.m.8 a.m. - 6 p.m. November 1 through December 31 1 p.m. - 5 p.m.8 a.m. - 5 p.m. January 1 through March 31 1 p.m. - 5 p.m.8 a.m. - 5 p.m. April 1 through end of school year 1 p.m. - 6 p.m.8 a.m. - 6 p.m. School summer vacation 10 a.m. - 8 p.m.8 a.m. - 8 p.m.. School holidays, the school year, and school summer vacation are those established by the Palo Alto Unified School District. The Director of Parks and Recreation or delegated staff members may temporarily close the skateboard facility when required for maintenance, repair, or safety reasons, and no person shall use the facility or remain there when signs are posted noticing the closure. (4) No person shall use the skateboard facility when any portion of the concrete areas in the facility is wet from rain, dew, irrigation, or other source. (5) No person shall perform stunt, trick or luge skateboarding at the skateboard facility. Luge skateboarding is defined as lying, sitting, or kneeling on the skateboard. Stunt and trick skateboarding is defined as performing any of the following actions on a skateboard: (a) Any body flip; (b)Riding facing entirely backward; © Riding with two or more persons on the same skateboard; (d) Causing the skateboard intentionally to shoot out away from the rider; (e) Tandem skating within three feet in front of or behind each rider; (f) Intentionally skateboarding toward another skateboarder or across the path of another skateboarder so as to come within a three foot proximity; (g) Any other stunt or trick manuever which exceeds the skill level of the skateboarder and creates a risk of injury to that skateboarder or other skateboarders. Dated: August __, 1998 City Manager