CC SR 20150721 I - Ord. 571 Regulating Skateboard BombingCITY OF
MEMORANDUM
tiRANCHO
PALOS VERDES
TO: HONORABLE MAYOR & CITY COUNCIL MEMBERS
FROM: CAROL W. LYNCH, CITY ATTORNEY
DATE: JULY 21, 2015
SUBJECT: ADOPTION OF ORDINANCE NO. 571 - AMENDMENTS
TO MUNICIPAL CODE RELATING TO THE
REGULATION OF SKATEBOARDING AND THE
PREVENTION OF THE DANGEROUS ACTIVITY
KNOWN AS "BOMBING"
REVIEWED: DOUG WILLMORE, CITY MANAGER WA-)
RECOMMENDATION
ADOPT 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 TO CURB THE DANGEROUS PRACTICE OF
"BOMBING."
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.
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Adoption of Ordinance No. 571 — Regulation of Skateboarding and the Prevention of the
Dangerous Activity Known as "Bombing"
July 21, 2015
Page 2 of 3
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 Within the Ordinance.
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.
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
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Adoption of Ordinance No. 571 — Regulation of Skateboarding and the Prevention of the
Dangerous Activity Known as "Bombing"
July 21, 2015
Page 3 of 3
that is travelling in the same direction and to refrain from holding onto a motor vehicle
while skateboarding.
CONCLUSION
Staff recommends that the City Council adopt the attached ordinance, which will
become effective thirty days following its adoption.
Attachment
Ordinance No. 571 —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" (page 4)
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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 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."
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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
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section shall be gQJty pf ani infractilon arjd,WLbp subject to (rtes, as established by the
City CounciLl'.
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
Mayor
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:
NOES:
ABSENT:
ABSTAIN:
City Clerk
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