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ORD 371 ORDINANCE NO. 371 AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES ESTABLISHING REGULATIONS APPLICABLE TO SKATEBOARDS, ROLLER SKATES AND INLINE SKATES UPON PUBLIC AND PRIVATE PROPERTY AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE WHEREAS, California Vehicle Code Section 21967 authorizes cities to adopt rules and regulations prohibiting or restricting persons from riding or propelling skateboards on highways, sidewalks, or roadways subject to the provisions of Vehicle Code Section 21968; and WHEREAS, California Vehicle Code Section 21968 prohibits the use of motorized skateboards on any sidewalk, roadway, or any other part of a highway or on any bikeway, bicycle path or trail, equestrian trail, or hiking or recreational trail; and WHEREAS, California Vehicle Code Section 21969 further authorizes cities to adopt rules and regulations prohibiting or restricting persons engaged in roller skating on highways, sidewalks, or roadways subject to the provisions of Vehicle Code Section 21968; and WHEREAS, the City wishes to regulate the use of skateboards, roller skates, inline skates, scooters and other similar motorized or unmotorized wheeled devices to the maximum extent permitted by law. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY ORDAIN'AS FOLLOWS: Section 1. Title 9 of the Rancho Palos Verdes Municipal Code hereby is amended by adding new Chapter 9.30 to read as follows: "Chapter 9.30 REGULATION OF SKATEBOARDS, ROLLER SKATES, INLINE SKATES, SCOOTERS AND SIMILAR DEVICES ON POSTED PROPERTY. Sections: 9.30.010 Skateboards, roller skates, inline skates, scooters and similar wheeled devices prohibited on posted property. 9.30.020 Posting required. 9.30.030 Penalties. Ordinance No. 371 Page 1 of 4 9.30.010 Skateboards, roller skates, inline skates, scooters and similar wheeled devices prohibited on posted property. No person shall, and it shall constitute a public nuisance for any person to, operate, ride, propel, or coast any skateboard, or utilize roller skates, inline skates, scooters or any similar motorized or unmotorized wheeled device having wheels less than six (6) inches in diameter, upon any private property within any zone in the city, 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. This section shall not apply to persons participating in any program, event or class which is sponsored by the property owner in which use of the self-powered wheeled devices described herein are specifically authorized, permitted or required. 9.30.020 Posting required. The prohibition set forth in Section 9.30. 010 of this Chapter shall not apply unless a property owner posts at least two notices in substantially the following form: `PURSUANT TO THE PROVISIONS OF SECTION 9.30.010 OF THE RANCHO PALOS VERDES MUNICIPAL CODE, NO SKATEBOARDS, ROLLER SKATES, INLINE SKATES, OR SCOOTERS ARE PERMITTED.' 9.30.030 Penalty for violation. It shall be unlawful for any person to violate any provision, or fail to comply with any of the requirements, of this chapter. Any person violating any provision of this chapter or failing to comply with any of its requirements shall be deemed guilty of an infraction and upon conviction thereof shall be punishable by: (1) a fine not exceeding one hundred dollars for a first violation; (2) a fine not exceeding two hundred dollars for a second violation within one year; (3) a fine not exceeding five hundred dollars for each additional violation within one year." Section 2. Title 12 of the Rancho Palos Verdes Municipal Code is hereby amended by adding new Section 12.16.120 to Chapter 12.16 to read as follows: "12.16.120 Skateboards, roller skates, inline skates, scooters and similar wheeled devices prohibited on public property. 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 (6) 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. Ordinance No. 371 Page 2 of 4 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 (6) 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. C. The notices required by paragraphs 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." Section 3. The City Council declares that, should any provision, section, paragraph, sentence, or word of this ordinance be rendered or declared invalid by any final action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences and words of this ordinance shall remain in full force and effect. Section 4. The City Clerk shall cause this Ordinance to be posted in three (3) public places in the City within fifteen (15) days after its passage, in accordance with the provisions of Section 36933 of the Government Code. The City Clerk shall further certify to the adoption and posting of this Ordinance, and shall cause this Ordinance and its certification, together with proof of posting, to be entered in the Book of Ordinances of the Council of this City. Section 5. This Ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the thirty-first (31st) day after its passage. PASSED, APPROVED and ADOPTED this 4th day of December, 2001. ?3 ' 0-0/ 4.1.--%4P Mayor F' / Ordinance No. 371 Page 3 of 4 ATTEST: 41. "E . .. City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss CITY OF RANCHO PALOS VERDES ) I, Jo Purcell, City Clerk of the City of Rancho Palos Verdes, do hereby certify that the whole number of members of the City Council is five, that the foregoing Ordinance No. 371 passed first reading on November 20, 2001, was duly and regularly adopted by the City Council of said City at a regular meeting thereof g Y held on December 4, 2001 and that the same was passed and adopted by the following roll call vote: AYES: Gardiner, Clark, Stern, Ferraro and Mayor McTaggart NOES: None ABSENT: None ABSTAIN: None 41 /► ; W:\Ordinances\Ord. No.371 Skateboards.doc CITY CLERK Ordinance No. 371 Page 4 of 4 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 December 13, 2001 , she caused to be posted the following document entitled: ORDINANCE NO. 371 AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES ESTABLISHING REGULATIONS APPLICABLE TO SKATEBOARDS, ROLLER SKATES AND INLINE SKATES UPON PUBLIC AND PRIVATE PROPERTY AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE. 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 Ryan Park Hesse Park 30359 Hawthorne Blvd. 29301 Hawthorne Blvd. Rancho Palos Verdes Rancho Palos Verdes I certify under penalty of perjury that the foregoing is a true and correct affadavit of posting. 41 , 0 City Clerk W:\FORMS\Form 150-Affadavit of Posting Ordinances.doc 30940 Hawthorne Boulevard/Rancho Palos Verdes,CA 90275-5391 /(310)377-0360/Fax(310)544-5291 www.palosverdes.com/rpv