Ordinance No. 1041ORDINANCE NO. 1041
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, AMENDING SECTIONS 17 -69 AND 17 -70 AND ADDING SECTION 17-
71 OF THE CYPRESS CITY CODE RELATING TO SKATE FACILITY.
WHEREAS, the City Council has the authority to adopt regulations to protect the public
health, safety, general welfare, and convenience of its citizens; and
WHEREAS, the City Council finds and determines that the regulation of activities within a
municipal skate facility is necessary to protect the general health, safety, and welfare and to prevent
possible hazardous conditions to motor vehicles, bicyclists, pedestrians and observers; and
WHEREAS, the City Council finds and determines that this ordinance will facilitate the
control and limitation of items placed within a municipal skate facility; and
WHEREAS, the City Council finds and determines that this ordinance is essential for the
preservation of community aesthetics, the public health, safety, and general welfare, and will assist
in attaining the foregoing objectives;
NOW, THEREFORE, the City Council of the City of Cypress does hereby ordain as
follows:
Section 1: Section 17 -69 of the Cypress City Code is hereby amended to read in its entirety
as follows:
"Section 17 -69. Skateboarding prohibited in certain designated areas on public and
private property.
(a) For purposes of this section, the following words shall have the meanings ascribed
below:
Private property shall mean any property held by private interests which is used
primarily for business, commercial, residential or recreational purposes.
Public property shall mean any property owned or maintained by the City of
Cypress or any property owned or maintained by any other public entity.
Scooter shall mean a skateboard to which there is a fixed device or mechanism to
turn or control the wheels or the board.
Skateboard shall mean a board of any material, which has wheels attached to it and
which if propelled or moved by human, gravitational, or mechanical power, and to which
there is not fixed any device or mechanism to turn or control the wheels.
Skate facility shall mean any area designated by resolution of the City Council as a
skateboard facility for exclusive use of skateboards and roller skates /in -line skates.
(b) It shall be unlawful and subject to punishment in accordance with subsection (e) of this
section, for any person utilizing or riding upon a skateboard or scooter to ride or move
about in or on any public or private property when the same has been posted as an area
where riding a skateboard or scooter is prohibited. Skateboarding shall be permitted in
designated skate facilities, subject to the regulations contained in section 17 -71.
(c) Prior to the enforcement of the prohibition against skateboard and scooter riding as
provided in this section, the property owner of the area so designated shall cause to be
posted a sign which provides substantially as follows:
"Skateboard and Scooter riding is prohibited by Section 17 -69 of the Code of the
City of Cypress. Any violation is punishable by a fine of up to $100 and may result
in the confiscation of the skateboard or scooter. Repeat offenders may be arrested."
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Such prohibition shall apply to the property so designated once posted in plain view at all
entrances to the property, and on a sign which is not less than seventeen (17) inches by
twenty -one (21) inches in size with lettering not less than one (1) inch in height.
(d) The provisions of this section shall not be construed to prohibit persons from engaging in
organized special events conducted and scheduled by the property owner, nor to prohibit
the property owner from conducting such special events.
(e) Violation of this section shall be an infraction punishable by a fine of twenty -five dollars
($25.00) for a first offense; fifty dollars ($50.00) for a second offense; and a fine of one
hundred dollars ($100.00) for a third and subsequent offense. Repeat offenses beyond
the third infraction may be deemed a misdemeanor and punishable in accordance with
section 1 -7(a) of this Code. Notwithstanding any other provision of this code, violation
of this section may be processed as administrative citations pursuant to section 1 -12.1.
Additionally, any violation involving the use of a skateboard may result in the temporary
confiscation and storing of the skateboard by a peace officer or enforcement officer for a
period not to exceed twenty -four (24) hours. In the event a skateboard is confiscated
from a minor, the parent or guardian of the minor may be required to claim the
skateboard."
Section 2: Section 17 -70 of the Cypress City Code is hereby amended to read in its entirety
as follows:
"Section 17 -70. Regulation of athletic activities on city -owned property.
(a) No person shall conduct, engage in, or participate in any sport, game, or any organized
or unorganized athletic activity or activities within or upon any property owned by the
city in any area where the city council has prohibited such sports, games, or activities by
resolution, and posted signs prohibiting the same in that area.
(b) For purposes of this section, the terms "sport," "game," or "athletic activity" shall
include, but not be limited to, any activity, sport, game, or event utilizing any of the
following items set forth below:
(1) "Baseball bat."
(2) "Bicycle" which shall mean and include any device upon which a person or
persons may ride, which is propelled by human power through a system of belts,
chains, or gears, and which has wheels at least twenty (20) inches in diameter
and a frame size of at least fourteen (14) inches.
(3) "Hockey stick" or "lacrosse stick."
(4) "Puck" which shall mean a hard rubber disk used in hockey as the playing and
scoring medium.
(5) "Roller skate" which 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 to aid the wearer in moving or propulsion. The term "roller skate" shall
include, but not be limited to, "in -line skate."
(6) "Scooter" which shall mean any scooter as defined in section 17- 69(a).
(7) "Skateboard" which shall mean any skateboard as defined in section 17- 69(a).
(c) Prior to enforcing the prohibition set forth above, the city manager shall cause to be
posted a sign in substantially the following form:
"Athletic Activities Prohibited
In accordance with section 17 -70 of the Cypress City Code, it is unlawful to
participate in or to play any sport, game, or any organized or unorganized athletic
activity in this area. Violators are subject to a fine of $25.00, for the first violation;
$50.00 for a second violation; and $100.00 or greater for a third and subsequent
violation."
(d) The provisions of this section shall not be construed to prohibit persons from engaging
in organized recreation activities conducted and scheduled by the city, nor to prohibit the
city from conducting such activities.
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(e) Violation of this section shall be subject to punishment as provided in section 17 -69,
subsection (e). Additionally, any violation involving the use of a skateboard may result
in the temporary confiscation and storing of the skateboard by a peace officer or
enforcement officer for a period not to exceed twenty -four (24) hours. In the event a
skateboard is confiscated from a minor, the parent or guardian of the minor may be
required to claim the skateboard."
Section 3: Chapter 17 of the Cypress City Code is hereby amended by adding a new
Section 17 -71 to read in its entirety as follows:
"Section 17 -71. Skate facilities.
(a) For purposes of this section, the definitions set forth in sections 17 -69 and 17 -70 shall
apply.
(b) Within any skate facility, it shall be unlawful for any person to:
(1) Ride, operate, or use a skateboard or roller skates /in -line skates unless that
person is wearing a helmet designed for skateboard and/or in -line skating use
and utilizing a chin strap, elbow pads designed for skateboard and/or in -line
skating use with plastic elbow caps, and knee pads designed for skateboard
and/or in -line skating use with plastic knee caps;
(2) Ride, operate, or utilize a skateboard or in -line skates unless the aforementioned
equipment is in good repair at all times;
(3) Enter or use an amenity within the skate facility while another person is using it;
(4) Place or utilize additional obstacles or other material (including but not limited to
ramps or jumps) within the skate facility;
(5) Use the skate facility amenities when the surface of the amenities is wet or other
conditions exist which could adversely affect the safety of skateboarders or
skaters;
(6) Enter the skate facility unless actively skateboarding or in -line skating in
accordance with these regulations;
(7) Use, consume, or have within his or her custody or control, food or beverages
within the skate facility;
(8) Use, consume or have within his or her custody or control, alcohol, tobacco
products, or illegal drugs within the skate facility;
(9) Enter or be upon the skate facility while under the influence of alcoholic
beverages or illegal drugs;
(10) Use or possess glass containers, bottles or other breakable glass products within
the skate facility;
(11) Use or engage in profanity, reckless and boisterous behavior (including, but not
limited to, tandem riding, pushing, horseplay, and bullying), or any other activity
which could endanger the safety of persons using the skate facility or spectators;
(12) Engage in graffiti, tagging or other defacing of City property or the property of
others;
(13) Enter or be upon the skate facility at any time except during its hours of
operation; or
(14) Ride, operate, or utilize any device other than a skateboard or in -line skates
(prohibited devices include, but are not limited to, bicycles, scooters, motorized
scooters, or motor vehicles).
(c) Prior to enforcing the prohibition set forth above, the city manager shall cause to be
posted a sign in substantially the following form:
"WARNING
Skateboarding and in -line skating are hazardous recreational
activities. Use of this facility may result in serious injuries or death.
The City of Cypress does not assume any responsibility for injuries
or death. Each person entering the facility assumes all risk of injury
or death. (Cal. Health and Safety Code § 115800.)
It is unlawful for any person to ride, operate, or utilize a skateboard
or in -line skates unless that person is wearing a helmet, elbow pads,
and knee pads. Any person failing to comply with this section shall
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be subject to citation and penalties pursuant to Cypress Municipal
Code section 17 -69 and 17 -71."
(d) Violation of this section shall be subject to punishment as provided in section 17 -69,
subsection (e). Additionally, any violation involving the use of a skateboard may result
in the temporary confiscation and storing of the skateboard by a peace officer or
enforcement officer for a period not to exceed twenty -four (24) hours. In the event a
skateboard is confiscated from a minor, the parent or guardian of the minor may be
required to claim the skateboard."
Section 4: The City Clerk of the City of Cypress shall certify to the passage and adoption of
this ordinance and the same shall be posted as required by law and shall take effect as provided by
law.
FIRST READING at a regular meeting of the City Council of said City held on the 14th day
of April, 2003, and finally adopted and order posted at a regular meeting held on the 28th day of
April, 2003.
MAYOR OF THE CITY OF Cr —SS
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
I, JILL R. INGRAM- GUERTIN, City Clerk of the City of Cypress, DO HEREBY
CERTIFY THAT THE FOREGOING Ordinance was duly adopted at a regular meeting of the said
City Council held on the 28th day of April 2003, by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: McGill, Piercy, Keenan and McCoy
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Sondhi
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