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CC SR 20150707 05- Muni Code Amendment (Skateboard Bombing)CITY OF RANCHO PALOS VERDES MEMORANDUM TO: HONORABLE MAYOR & CITY COUNCIL MEMBERS FROM: CAROL W. LYNCH, CITY ATTORNEY DATE: JULY 7, 2015 SUBJECT: AMENDMENT TO THE MUNICIPAL CODE RELATING TO THE REGULATION OF SKATEBOARDING AND THE PREVENTION OF THE DANGEROUS ACTIVITY KNOWN AS "BOMBING." REVIEWED: DOUG WILLMORE, CITY MANAGER AAA-) RECOMMENDATIONS 1. INTRODUCE ORDINANCE NO. , 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 TO CURB THE DANGEROUS PRACTICE OF "BOMBING," and 2. ADOPT RESOLUTION NO. , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ESTABLISHING THE PROHIBITION OF THE USE OF SKATEBOARDS, AND SIMILAR NON -MOTORIZED WHEELED DEVICES ON ABBOTTSWOOD DRIVE, BROWNDEER LANE, CRENSHAW BLVD, CASILINA DRIVE, CREST ROAD EAST, CREST ROAD WEST, CROWNVIEW DRIVE, DALADIER DRIVE, DELUNA DRIVE, GANADO DRIVE, GRANDPOINT LANE, HAWTHORNE BLVD, HIGHPOINT ROAD, KNOLL VIEW DRIVE, LOCKLENNA LANE, LUCANIA DRIVE, MIRALESTE DRIVE, PALOS VERDES DRIVE EAST, SILVER ARROW DRIVE, VERDE RIDGE ROAD, VIA COLINITA AND REPEALING RESOLUTION NO. 2012-47 Pursuant to a request from Mayor Pro Tem Brooks, this report has been augmented so that the City Council also will be able to consider a resolution expanding the list of steep streets in the City where no skateboarding can occur, to address residents' concerns about safety. 1 AMENDMENTS TO MUNICIPAL CODE RELATING TO SKATEBOARDING July 7, 2015 Page 2 of 4 1. BACKGROUND Mayor Pro Tem Susan Brooks, concerned about the safety hazards presented by the dangerous skateboarding practice known as "bombing," raised the issue of prohibiting that practice in the City, and the City Council directed the City Attorney's office to examine the City's ability to restrict such activities to promote the health and safety of the City's residents. The practice of bombing involves downhill skateboarding at excessive speed, often for several miles with little or no effort and can reach speeds in excess of 40 miles per hour. Traditionally downhill bombing involves a crouching or kneeing position to maintain stability and improve aerodynamics. Skateboarders have been fatally injured while engaging in bombing, and in some cases skateboarders have lost control, veering into on -coming traffic. Bombing not only poses a significant danger to those engaging in this activity, but also endangers the lives and property of others who use City streets. 2. DISCUSSION Current Municipal Code regulations of skateboarding. Section 21967 of the California Vehicle Code authorizes the City to adopt ordinances prohibiting or restricting the use of skateboards on highways, sidewalks, or roadways. Pursuant to that Statute, in 2001, the City Council adopted Section 12.16.120 of the Municipal Code. That Section currently prohibits and declares to be a public nuisance the use of skateboards, roller skates, in-line skates, scooters or other unmotorized wheeled devices having wheels less than six inches in diameter, upon any public street, sidewalk, alley, or roadway, park or other public property within the City, where such public street, sidewalk, alley, way or public property is designated by resolution of the City Council as closed to such activities and where notice of the prohibition has been posted and is clearly visible in the immediate vicinity where such activity is prohibited. The City Council previously adopted a resolution prohibiting these activities on certain steep streets within the City. Proposed revisions to the Municipal Code. Section 21967 of the California Vehicle Code authorizes the City to adopt ordinances prohibiting or restricting the use of skateboards on highways, sidewalks, or roadways. The City Attorney's office has prepared the attached ordinance to update the Municipal Code to restrict the skateboarding practice known as "bombing." The City Attorney's office has reviewed similar skateboarding ordinances in municipalities across California and in consultation with Captain Bolin of the Los Angeles County Sherriff's Department has drafted the attached proposed ordinance for your review. The ordinance is modeled on the current skateboarding ordinance of the City of Los Angeles, but varies in several important respects. If adopted, the ordinance will add these provisions to the City's existing regulations: First, similar to an ordinance adopted by Alameda County, the proposed ordinance requires skateboarders to dismount and walk across any uncontrolled intersection. Second, the proposed ordinance restricts bombing by defining the unreasonable and imprudent excess speed that is inherent to downhill bombing as a public nuisance. This will allow law enforcement personnel to issue citations to bombers for creating a public nuisance. 1852226 2 AMENDMENTS TO MUNICIPAL CODE RELATING TO SKATEBOARDING July 7, 2015 Page 3 of 4 Third, the proposed ordinance limits skateboarding to the upright position, which allows recreational skateboarders who are travelling at a reasonable speed to travel unimpeded, while still preventing bombing. Also, by limiting skateboarding to the upright position, skateboarders will be much more visible to motorists. Fourth, the ordinance requires skateboarders to obey all traffic controls, to yield to traffic that is travelling in the same direction and to refrain from holding onto a motor vehicle while skateboarding. Municipalities have restricted bombing by a number of other methods. For example, the City of Newport Beach and others have attempted to restrict bombing by prohibiting skateboarding on roadways having a grade of six percent or more. Such ordinances are not recommended due to the difficulty in identifying a road's grade as well as natural inconsistencies of the grade of each street. The City of Los Angeles has attempted to restrict bombing by prohibiting skateboarding over a certain speed. Again, that restriction is not recommended because we understand from the Sheriff's Department that radar speed guns cannot be used effectively to determine a skateboarder's speed. Similar to the City's current ordinance, many cities, including the City of Laguna Beach, authorize the City Council to adopt resolutions setting forth specific locations where skateboarding is not allowed at all. Because there are streets in Rancho Palos Verdes where the steep grade and the volume of traffic cause any skateboarding to be unsafe, Staff recommends that the City Council retain those provisions within the Municipal Code, so they can be used as an additional tool to protect public safety. Proposed Resolution Currently, skateboarding is prohibited on the following streets by the City Council's adoption of Resolution No. 2012-47, in 2012: Via Colinita Palos Verdes Drive East Silver Arrow Drive Hawthorne Blvd Ganado Drive Crest Road East Crest Road West Crenshaw Blvd Browndeer Lane Verde Ridge Road Locklenna Lane Miraleste Drive To further address residents' concerns about safety on steep streets, Mayor Pro Tem Brooks has requested that Staff prepare the attached resolution for the Council's consideration, which will add the following nine streets to the list of streets where all skateboarding is prohibited: Abbottswood Drive Casilina Drive 1852226 3 AMENDMENTS TO MUNICIPAL CODE RELATING TO SKATEBOARDING July 7, 2015 Page 4 of 4 Crownview Drive Daladier Drive Deluna Drive Grandpoint Lane Highpoint Road Knoll View Drive Lucania Drive If the attached resolution is adopted by the City Council, the streets listed above will be posted with signs stating that all skateboarding is prohibited on those streets. Of course, the City Council may add or delete streets from the list. FISCAL IMPACT The adoption of the ordinance and resolution is unlikely to involve a measurable fiscal impact on the City. The ordinance and resolution are tools for law enforcement and may provide some revenue from fines. Nonetheless, the administration of the proposed ordinance will provide long-term health and safety benefits for the residents of Rancho Palos Verdes. Attachments 1. Proposed Ordinance (Page 5) 2. Proposed Resolution (Page 9) 3. Ordinance No. 371 (Page 12) 4. Resolution No. 2012-47 (Page 17) 1852226 ORDINANCE NO. 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 tc 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." 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 -2- 86876-0001\1848147v2.doe ip section shall 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 day of 2015 Mayor ATTEST: Carla Morreale City Clerk -3- R6876-0001 \I 848147v2.doc 7 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) CITY OF RANCHO PALOS VERDES) I, Carla Morreale, City Clerk of the City of Rancho Palos Verdes, California, hereby certify that Ordinance No. [ORDINANCE NO] was introduced at a regular meeting of the City Council of the City of Rancho Palos Verdes held on the [DAY] of [MONTH] 2015, and thereafter was adopted by the City Council at a regular meeting held on the [DAY] of [MONTH], 2015, and that the same was adopted by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: CITY CLERK -4- R6876-0001\I848147v2.doc 8 RESOLUTION NO. 2015- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ESTABLISHING THE PROHIBITION OF THE USE OF SKATEBOARDS, AND SIMILAR NON -MOTORIZED WHEELED DEVICES ON ABBOTTSWOOD DRIVE, BROWNDEER LANE, CASILINA DRIVE, CRENSHAW BLVD, CREST ROAD EAST, CREST ROAD WEST, CROWNVIEW DRIVE, DALADIER DRIVE, DELUNA DRIVE, GANADO DRIVE, GRANDPOINT LANE, HAWTHORNE BLVD, HIGHPOINT ROAD, KNOLL VIEW DRIVE, LOCKLENNA LANE, LUCANIA DRIVE, MIRALESTE DRIVE, PALOS VERDES DRIVE EAST, SILVER ARROW DRIVE, VERDE RIDGE ROAD, VIA COLINITA AND REPEALING RESOLUTION NO. 2012-47 THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, ORDER AND RESOLVE AS FOLLOWS: WHEREAS, Section 12.16.120 of the Rancho Palos Verdes Municipal Code authorizes the City Council to prohibit the use of skateboards, roller skates, inline skates, non -motorized scooters and other similar non -motorized devices with wheels of six inches or less in diameter upon a public street, sidewalk, alley, or roadway within the City by resolution; and WHEREAS, Deputies of the Los Angeles County Sheriff's Department, who perform law enforcement work on behalf of the City, and City residents have observed dangerous behavior by skateboarders on certain streets within the City, which are steep and circuitous; and WHEREAS, the City Council previously determined that there was a need to prohibit skateboards and similar non -motorized wheeled devices on the streets, sidewalks, alleys, and roadways that were designated in Resolution 2012-47 to protect the health, safety, and welfare of pedestrians, motorists, and persons using the skateboards and other similar non -motorized devices; WHEREAS, the City Council has determined that there is a need to prohibit skateboards and similar non -motorized wheeled devices on the following additional streets, sidewalks, alleys, and roadways, to protect the health, safety, and welfare of pedestrians, motorists, and persons using the skateboards and other similar non - motorized devices: Abbottswood Drive, Casilina Drive, Crownview Drive, Daladier Drive, Deluna Drive, Grandpoint Lane, Highpoint Road, Knoll View Drive, and Lucania Drive; NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY RESOLVE AND ORDER AS FOLLOWS: Section 1. Required Findings. Based on the foregoing recitals, all of which are incorporated herein by this reference, the City Council finds that skateboards and similar non -motorized wheeled devices are hereby prohibited on Abbottswood Drive, Browndeer Lane, Casilina Drive, Crest Road East, Crest Road West, Crenshaw Blvd, Crownview Drive, Daladier Drive, Deluna Drive, Ganado Drive, Grandpoint Lane, 9 Hawthorne Blvd, Highpoint Road, Knoll View Drive, Locklenna Lane, Lucania Drive, Miraleste Drive, Palos Verdes Drive East, Silver Arrow Drive, Verde Ridge Road, and Via Colinita. This prohibition is necessary to reduce traffic hazards created by skateboarders and other users of non -motorized vehicles on steep streets within the City and, accordingly, is necessary to protect the health, safety and welfare of pedestrians, motorists and persons operating skateboards and other non -motorized devices on these streets. For these reasons, the City Council finds pursuant to Section 12.16.120 of the Rancho Palos Verdes Municipal Code, that the prohibition of skateboards and other similar non -motorized wheeled devices on the streets listed in Section 2 of this Resolution is necessary to avoid the adverse impacts upon public safety caused by the use of these activities at these locations. Section 2. Designation of Prohibited Streets. Based upon the findings in Section 1, the use of skateboards, roller skates, inline skates, non -motorized scooters and other similar non -motorized devices with wheels of six inches or less in diameter is hereby prohibited on the following streets: Abbottswood Drive Browndeer Lane Casilina Drive Crenshaw Blvd Crest Road East Crest Road West Crownview Drive Daladier Drive Deluna Drive Ganado Drive Grandpoint Lane Hawthorne Blvd Highpoint Road Knoll View Drive Locklenna Lane Lucania Drive Miraleste Drive Palos Verdes Drive East Silver Arrow Drive Verde Ridge Road Via Colinita Section 3. Designation of Prohibition. The prohibition of the use of skateboards, roller skates, inline skates, non -motorized scooters and other similar non - motorized devices with wheels of six inches or less in diameter listed in Section 2 above shall be set forth as follows: "PURSUANT TO THE PROVISIONS OF SECTION 12.16.120 OF THE RANCHO PALOS VERDES MUNICIPAL CODE, NO SKATEBOARDS, ROLLER SKATES, INLINE SKATES, OR UNMOTORIZED SCOOTERS ARE PERMITTED" Section 4. Posting of Signs. The prohibitions contained in Section 3 of this Resolution shall not become effective until signs have been posted giving adequate notice of the prohibitions imposed by this resolution on the streets designated herein. The Director of Public Works is hereby authorized to erect such signs. Section 5. Resolution No. 2012-47 is hereby repealed. -2- 10 Section 6. The City Clerk shall certify to the passage and adoption of this Resolution. PASSED, APPROVED and ADOPTED this day of JIM KNIGHT, Mayor ATTEST: CARLA MORREALE, City Clerk State of California ) County of Los Angeles ) ss City of Rancho Palos Verdes ) 2015. I, Carla Morreale, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above Resolution No. 2015- , was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on , 2015. CARLA MORREALE, City Clerk -3- 11 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 12 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 13 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 4t" day of December, 2001. Mayor Ordinance No. 371 Page 3 of 4 14 ATTEST: 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 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 W:\Ordinances\Ord. No. 371 Skateboards.doc CITY CLERK Ordinance No. 371 Page 4 of 4 15 L 11 RANCHO PALOS VERDES STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF RANCHO PALOS VERDES) AFFIDAVIT OF POSTING 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 30940 Hawthorne Blvd. Rancho Palos Verdes Ryan Park 30359 Hawthorne Blvd. Rancho Palos Verdes Ladera Linda Community Center 32201 Forrestal Drive Rancho Palos Verdes Hesse Park 29301 Hawthorne Blvd. Rancho Palos Verdes I certify under penalty of perjury that the foregoing is a true and correct affadavit of posting. Z-2 A: 4�4_� 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 16 RESOLUTION NO. 2012-47 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ESTABLISHING THE PROHIBITION OF THE USE OF SKATEBOARDS, AND SIMILAR NON - MOTORIZED WHEELED DEVICES ON VIA COLINITA, PALOS VERDES DRIVE EAST, SILVER ARROW DRIVE, HAWTHORNE BLVD, GANADO DRIVE, CREST ROAD EAST, CREST ROAD WEST, CRENSHAW BLVD, BROWNDEER LANE, VERDE RIDGE ROAD, LOCKLENNA LANE AND MIRALESTE DRIVE. THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, ORDER AND RESOLVE AS FOLLOWS: WHEREAS, Section 12.16.120 of the Rancho Palos Verdes Municipal Code authorizes the City Council to prohibit the use of skateboards, roller skates, inline skates, non -motorized scooters and other similar non -motorized devices with wheels of six inches or less in diameter upon a public street, sidewalk, alley or roadway within the City by resolution; and WHEREAS, Deputies of the Los Angeles County Sheriff's Department, who perform law enforcement work on behalf of the City, have observed dangerous behavior by skateboarders on certain streets within the City, which are steep and circuitous; and WHEREAS, the City Council has determined that there is a need to prohibit skateboards and similar non -motorized wheeled devices on the streets, sidewalks, alleys and roadways set forth in this Resolution to protect the health, safety and welfare of pedestrians, motorists, and persons using the skateboards and other similar non -motorized devices; NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY RESOLVE AND ORDER AS FOLLOWS: Section 1. Required Findings. Based on the foregoing recitals, all of which are incorporated herein by this reference, the City Council finds that skateboards and similar non -motorized wheeled devices are hereby prohibited on Via Colinita, Palos Verdes Drive East, Silver Arrow Drive, Hawthorne Blvd, Ganado Drive, Crest Road East, Crest Road West, Crenshaw Blvd, Browndeer Lane, Verde Ridge Road, Locklenna Lane and Miraleste Drive. This prohibition is necessary to reduce traffic hazards created by skateboarders and other users of non -motorized vehicles on steep streets within the City and, accordingly, is necessary to protect the health, safety and welfare of pedestrians, motorists and persons operating skateboards and other non - motorized devices on these streets. For these reasons, the City Council finds pursuant to Section 12.16.120 of the Rancho Palos Verdes Municipal Code, that the prohibition of skateboards and other similar non -motorized wheeled devices on the streets listed in Section 2 of this Resolution is necessary to avoid the adverse impacts upon public safety caused by the use of these activities at these locations. Section 2. Designation of Prohibited Streets. Based upon the findings in Section 1, the use of skateboards, roller skates, inline skates, non -motorized scooters and other similar non -motorized devices with wheels of six inches or less in diameter is hereby prohibited on the following streets: Via Colinita Palos Verdes Drive East Silver Arrow Drive 17 Hawthorne Blvd Ganado Drive Crest Road East Crest Road West Crenshaw Blvd Browndeer Lane Verde Ridge Road Locklenna Lane Miraleste Drive Section 3. Designation of Prohibition. The prohibition of the use of skateboards, roller skates, inline skates, non -motorized scooters and other similar non -motorized devices with wheels of six inches or less in diameter listed in Section 2 above shall be set forth as follows: "PURSUANT TO THE PROVISIONS OF SECTION 12.16.120 OF THE RANCHO PALOS VERDES MUNICIPAL CODE, SKATEBOARDS, ROLLER SKATES, INLINE SKATES, AND NON -MOTORIZED SCOOTERS ARE PROHIBITED" Section 4. Posting of Signs. The prohibitions contained in Section 3 of this Resolution shall not become effective until signs have been posted giving adequate notice of the prohibitions imposed by this resolution on the streets designated herein. The Director of Public Works is hereby authorized to erect such signs. Section 5. The City Clerk shall certify to the passage and adoption of this Resolution. PASSED, APPROVED and ADOPTED this 3rd day of July 2012. Mayor ATTEST: `Tjx(,wir�- City Clerk State of California ) County of Los Angeles ) ss City of Rancho Palos Verdes ) I, Carla Morreale, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above Resolution No. 2012-47 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on July 3, 2012. 1470484-1 'EK j,' City Clerk Resolution No. 2012-47 Page 2 of 2 We