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Home My WebLink About6.5 Emer Glen Skate Park CITY CLERK File# 0920-20 AGENDA STATEMENT CITY COUNCIL MEETING DATE: April 18, 2000 SUBJECT: PUBLIC HEARING: Urgency Ordinance Authorizing Skateboard Use at the Emerald Glen Park Skate Park. Report by Diane Lowart, Parks & Community Services Director ATTACHMENTS: 1. Urgency Ordinance Amending Chapter 5.100 of the Dublin Municipal Code to Authorize Skateboard Use at the Emerald Glen Park Skate Park and Adopting Related Safety Rules to be Effective Immediately 2. Resolution Designating Skateboard Use Area at Emerald Glen Park RECOMMENDATION: 1. Open Public Heating 2. Receive Staff Report and Public Testimony 3. Close Public Hearing 4. Deliberate 5. Waive Reading and Adopt Urgency Ordinance 6. Adopt Resolution FINANCIAL STATEMENT: None DESCRIPTION: Emerald Glen Park contains a Skate Park that has been designed for use by skateboards and in-line skates. In order to provide for use of the Skate Park, it is necessary to adopt an ordinance authorizing use subject to established safety rules to provide for reasonable protection to individuals and property. Additionally it is necessary to adopt a resolution designating the area within Emerald Glen Park that is the Skate Park. The ordinance in Attachment 1 authorizes use of the Skate Park and also provides safety rules for reasonable protection to individuals and property. The rules spell out that the Skate Park can only be used by skateboards, roller skates, roller-blades and in-line skates (bicycles are prohibited). Further, the rules state that helmets, elbow pads and knee pads are required for use in the Skate Park. The ordinance also amends Section 5.100.140 of the Dublin Municipal Code to add that the Council can designate areas within a park for skateboard use by ordinance or resolution. Previously this could only be done by resolution. The resolution in Attachment 2 designates the area within Emerald Glen Park where skateboard use is authorized. F/emrldglen/cc4-18skatepark.doc COPIES TO: ITEM NO. Emerald Glen Park is nearing completion and portions of the park, including the Skate Park, are anticipated to be accepted by the City Council on or about April 18, 2000. It is necessary that the ordinance take effect immediately so that the Skate Park may be used by the public subject to rules requiring users to wear helmets, elbow and knee pads for the protection of the public and to insure protection for the City against claims for damages. This ordinance is necessary for the immediate preservation of the public peace, health and safety and shall take effect immediately pursuant to Government Code section 36937 (b). It is the recommendation of Staff that the City Council conduct a Public Heating, receive public testimony, deliberate, waive the reading and on an urgency basis, adopt the ordinance in Attachment 1 to become effective immediately. Further, it is recommended that the City Council adopt the resolution in Attachment 2. ORDINANCE NO. -00 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN AMENDING CHAPTER 5.100 OF THE DUBLIN MUNICIPAL CODE TO AUTHORIZE SKATEBOARD USE AT THE EMERALD GLEN PARK SKATE PARK AND ADOPTING RELATED SAFETY RULES TO BE EFFECTIVE IMMEDIATELY The City Council of the City of Dublin does ordain as follows: Section 1. Use of Skateboards Allowed At Emerald Glen Park Skate Park Section 5.100.160 is added to the Dublin Municipal Code to read as follows: "Section 5.100.160. Use of Skateboards Allowed At Emerald Glen Park Skate Park The use of skateboards and in-line skates at the Emerald Glen Park Skate Park (as described by Resolution No. __) is authorized subject to the following rules which are adopted to provide for reasonable protection to individuals and property. A. Intent. Skateboarding and use of other rolling skates on sidewalks and in parking lots is often incompatible with pedestrian and vehicle traffic thereby resulting in safety hazards. Additionally, performance of"tricks or stunts" with skateboards and similar devices can cause substantial damage to concrete and other improvements. The purpose of these rules is to reduce the risk of personal injury to skateboarders and to the public in general. B. Definitions. The term "skateboard" includes skateboards, roller skates, roller-blades, and in-line skates. C. Use Limited to Skate Park. No person shall roller skate in any area of Emerald Glen Park except in the Emerald Glen Park Skate Park, as designated by Resolution No. __ D. Helmets, Pads Required. No person shall ride or use a skateboard in the Emerald Glen Park Skate Park without wearing a helmet, elbow pads, and knee pads. Reasonable notice shall be posted at the Emerald Glen Park Skate Park to the effect that any person riding or using a skateboard, roller skates, roller-blades or in-line skates in such Skate Park must wear a helmet, elbow pads, and knee pads and that failing to do so is in violation of Municipal Code Section 5.100.160 and subject to citation as an infraction. E. User Control Required. No person shall leave a skateboard in any place or position where other persons may trip over or be injured by it. Carrying the skateboard does not violate these rules. F. Tricks and stunts. "Tricks and stunts" means singular or repetitive jumps, flips, grinds or any other trick performed for demonstration, practice or display of skill on a skateboard. No person shall ATTACHMENT 1 perform "tricks or stunts" with a skateboard in areas of the Emerald Glen Park Skate Park posted to prohibit "tricks and stunts." Go Park." Bicycle Use Prohibited. No person shall ride a bicycle within the Emerald Glen Park Skate Section 2. Amendment of Dublin Municipal Code Section 5.100.140 Section 5.100.140(E) is amended to read as follows: "Ride or propel a skateboard except on areas designated by the Council by ordinance or resolution and properly noticed, and performed in a manner as to provide for reasonable protection to both individuals and property." Section 3. Authority This ordinance is enacted pursuant to Dublin Municipal Code Section 5.100.140(E). Section 4. Posting, Basis for Urgency and Effective Date The Emerald Glen Park Skate Park is nearing completion and is anticipated to be accepted by the City Council on or about April 18, 2000. It is necessary that this ordinance take effect immediately so that the Skate Park may be used by the public subject to rules requiring users to wear helmets, elbow and knee pads for the protection of the public and to insure protection for the City against claims for damages. This ordinance is necessary for the immediate preservation of the public peace, health and safety and shall take effect immediately pursuant to Government Code section 36937(b). The City Clerk shall cause this ordinance to be posted in at least three public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. PASSED, APPROVED AND ADOPTED this 18 day of April 2000, by the following vote: AYES: NOES: ABSENT: ABSTAIN: MAYOR ATTEST: CITY CLERK 2 RESOLUTION NO. -00 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN DESIGNATING SKATEBOARD USE AREA AT THE EMERALD GLEN PARK SKATE PARK WHEREAS, a Skate Park has been built at Emerald Glen Park for use of skateboards and in-line skates; and WHEREAS, skateboard use in City parks is prohibited unless authorized by the City Council pursuant to Dublin Municipal Code Section 5.100.140(E). NOW, THEREFORE, BE IT RESOLVED that the City Council hereby authorizes the use of skateboards, roller skates, roller-blades, and in-line skates at the Emerald Glen Park Skate Park which is in the area as shown on attached Exhibit A, incorporated herein by reference. PASSED, APPROVED AND ADOPTED this 18th day of April 2000, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: MAYOR CITY CLERK ATTACHMENT 2 ! I I I I. I