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ORD 571 ORDINANCE NO. 571 AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES AMENDING SECTION 12.16.120 OF TITLE 12 OF CHAPTER 12.16 OF THE RANCHO PALOS VERDES MUNICIPAL CODE TO RESTRICT THE USE OF SKATEBOARDS ON CITY ROADWAYS AND TO CURB THE DANGEROUS PRACTICE OF "BOMBING." WHEREAS, skateboarders have been fatally injured while engaging in "bombing," a practice whereby skateboarders ride down roadways at excessive speeds, sometimes obstructing traffic and failing to yield at stop signs; and WHEREAS, bombing is a popular activity on steep hills because skateboarders can travel for several miles with little or no effort, and can reach speeds in excess of 40 miles per hour; and WHEREAS, bombing not only poses a significant danger to those engaging in this activity, it also endangers the lives and property of others who use City streets, and WHEREAS, California Vehicle Code Section 21967 allows a local authority to adopt an ordinance prohibiting or restricting the use of skateboards on highways, sidewalks, or roadways; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ORDAINS AS FOLLOWS: Section 1. Section 12.16.120 of Chapter 12.16 of the Rancho Palos Verdes Municipal Code is hereby amended to read as follows (proposed additions are .. ...... .. .... ............... ... highlighted): "A. No person shall, and it shall constitute a public nuisance for any person to, operate, ride, propel, or coast any skateboard or scooter, or utilize roller skates, inline skates or any similar unmotorized wheeled device having wheels less than six inches in diameter, upon any public street, sidewalk, alley, or roadway within the city, where such public street, sidewalk, alley, or way is designated by resolution of the city council as closed to such activities and where notice of such prohibition has been posted and is clearly visible in the immediate vicinity where such activity is prohibited." "B. No person shall, and it shall constitute a public nuisance for any person to, operate, ride, propel, or coast any skateboard or scooter, or utilize roller skates, inline skates or any similar motorized or unmotorized wheeled device having wheels less than six inches in diameter, upon any public park or other public property within any zone in the city, where such public property is designated by resolution of the city council as closed to such activities and where notice of such prohibition has been posted and is clearly visible at a minimum of two entrances to the prohibited area or in the immediate vicinity of the area where such activity is prohibited." -1- 1847347v2 "C. The notices required by subsections A and B of this section shall be in substantially the following form: PURSUANT TO THE PROVISIONS OF SECTION 12.16.120 OF THE RANCHO PALOS VERDES MUNICIPAL CODE, NO SKATEBOARDS, ROLLER SKATES, INLINE SKATES, OR SCOOTERS ARE PERMITTED." "D. This section shall not apply to persons participating in any city-sponsored program, event or class in which use of the self-powered wheeled devices described herein are specifically authorized, permitted or required." "E. Skateboarding on public property. Persons riding on skateboards on public roadways, public sidewalks, public parking lots and other public property shall comply with the following requirements and restrictions: 1. Skateboarding in the upright position. Persons riding on skateboards shall do so only in the upright, standing position. Using, pushing, propelling or riding on a skateboard in a sitting, prone, kneeling or lying position is prohibited. 2. Traffic controls. Persons riding on skateboards on public roadways shall obey all speed limits, stop signs, signal lights, and other traffic controls that govern the use of the public rights-of-way. 3. Yielding to traffic in same direction. Persons riding on skateboards on public roadways shall ride close to the far-right edge of the roadway, and shall yield to vehicles approaching from the rear by moving to the right curb or shoulder of the roadway. 4. Uncontrolled intersections. When approaching an uncontrolled intersection, persons riding skateboards on public roadways or public sidewalks shall dismount from the skateboard and walk across the intersection taking due care to yield to vehicles that are so near as to present a hazard. 5. Prudent Operation. It shall constitute a public nuisance for any person to ride or propel a skateboard upon a roadway at a speed greater than is, or in a manner other than is, reasonable or prudent having due regard for weather, visibility, the traffic on, and the grade, surface and width of, the roadway, and in no event at a speed or in a manner that demonstrates a wanton disregard for the safety of other persons or property. 6. Attaching to or towing by vehicle. A person operating a skateboard shall not attach or"skitch" the same or himself or herself to any motor vehicle on the roadway. In addition, a person shall not knowingly drive a motor vehicle that is towing a person riding upon a skateboard." "F. Penalty for violations. It shall be unlawful for any person to violate or fail to comply with the provisions of this section. Any person violating the provisions of this Ordinance No. 571 Page 2 of 3 847347v2 section shalt be guilty of an infraction and shall be subject to fines, as established by the City Council." Section 2. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance or any part hereof is for any reason held to be invalid, such invalidity shall not affect the validity of the remaining portions of this Ordinance or any part thereof. The City Council of the City of Rancho Palos Verdes hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared invalid. Section 3. The City Clerk of the City of Rancho Palos Verdes shall certify to the passage of this ordinance and shall cause same to be posted pursuant to state law within fifteen (15) days after its passage, and this ordinance shall become effective thirty (30) days after its passage. PASSED, APPROVED and ADOPTED, this 21st day of July, 2015 .yor Attest: City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) CITY OF RANCHO PALOS VERDES ) I, Carla Morreale, City Clerk of the City of Rancho Palos Verdes, hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Ordinance No. 571 was introduced at a regular meeting of the City Council of the City of Rancho Palos Verdes held on July 7, 2015, and was duly and regularly adopted by the City Council at a regular meeting held on July 21, 2015, and that the same was adopted by the following roll call vote: AYES: Brooks, Campbell, Duhovic, Misetich and Mayor Knight NOES: None ABSENT: None ABSTAIN: None y City Clerk Ordinance No. 571 Page 3 of 3 1847347v2 CITY OF RANCHO PALOS VERDES STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS AFFIDAVIT OF POSTING CITY OF RANCHO PALOS VERDES) The undersigned, being first duly sworn, deposes and says: That at all times herein mentioned, she was and now is the appointed City Clerk of the City of Rancho Palos Verdes; That on July 22, 2015, she caused to be posted the following document entitled: ORDINANCE NO. 571, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES AMENDING SECTION 12.16.120 OF TITLE 12 OF CHAPTER 12.16 OF THE RANCHO PALOS VERDES MUNICIPAL CODE TO RESTRICT THE USE OF SKATEBOARDS ON CITY ROADWAYS AND TO CURB THE DANGEROUS PRACTICE OF "BOMBING.", a copy of which is attached hereto, in the following locations: City Hall Ladera Linda Community Center 30940 Hawthorne Blvd. 32201 Forrestal Drive Rancho Palos Verdes Rancho Palos Verdes Hesse Park 29301 Hawthorne Blvd. Rancho Palos Verdes I certify under penalty of perjury that the foregoing is a tru and correct affidavit of posting. City Clerk