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OR\G\NAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: JAMES F. PENMAN
City Attorney
Subject: An Ordinance of the City of San Bernardino
Amending Section 12.80.130(T) of the San Bernardino
Municipal Code Relating to Entering or Remaining in a
City-Owned Skateboard Park Without Skating.
Dept: CITY ATTORNEY
Date: August II, 2004
Synopsis of Previous Council Action:
August 3, 2004 - Legislative Review Committee unanimously recommended approval of the
ordinance by the full Council.
Recommended motion:
That said ordinance be laid over for final adoption.
F 7.1b.-.
Contact person: James F. Penman
Phone:
5255
Supporting data attached: Staff Reoort
Ward:
FUNDING REQUIREMENTS: Amount:
Source:
Finance:
Council Notes:
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Agenda It(
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Q\1\OLJ
STAFF REPORT
Council Meeting Date: August 16,2004
TO:
FROM:
DATE:
AGENDA:
Mayor and Common Council
City Attorney's Office
August 11, 2004
An ordinance of the City of San Bernardino amending Section 12.80.130(T) of
the San Bernardino Municipal Code relating to entering or remaining in a City-
owned skateboard park without skating (Agenda Item #25).
Based upon the attached request from the San Bernardino Police Department, the City
Attorney's Office prepared the proposed ordinance which amends Section 12.80.130(T) of the San
Bernardino Municipal Code by adding subsection (5) so that it is unlawful for any person to, "if not
an adult supervising someone under the age of fourteen (14) years, enter (by passing through the
entrance/fence) or remain in the skateboard park while not actively skating at all times."
This proposed amendment will assist the police department in ensuring compliance with
the gear required to be worn by the skateboarders, as well as improve the safety conditions of the
skateboard park in that bystanders (who are not supervising adults) will be required to be outside the
skating area.
The Legislative Review Committee heard this item at its August 3, 2004 meeting and
unanimously recommended its approval to the full Council. It is requested that the proposed
ordinance be laid over for fmal adoption.
City of San Bernardino
San Bernardino Police Department
Interoffice Memorandum
To:
J. Penman, City Attorney
From:
S. Desrochers, Police Officer
Subject:
Skate Park
Date:
07/19/04
Copies:
Lt. M. Kimball, Northern District Commander
Sgt. W. Hanley, Northern District Area Sergeant
Sir, Per our brief conversation at 30"1 St/ ESt, yesterday 07/18/04, I am happy to forward
this memo to you.
Skate Park, 1466 W. Marshall.
Since the opening of this facility, there has been a problem with by-standers (family and
friends) standing around inside the park. There are a couple problems associated with
this.
I. There is a safety hazard presented to both the skater and the by-stander.
2. Skaters who are not wearing required safety gear mix in to the bystanders
when a police unit approaches, barring effective enforcement.
These concerns can be effectively reduced, through the creation of a Municipal Code that
prohibits anyone not using the facility, from entering or loitering within the facility. In
addition, the signage at the park should reflect that code, for enforcement purposes.
I appreciate your attention to this matter.
Thank you,
Steve Desrochers, SBPD
TIlE SBPD IS COMMITI'ED TO PROVIDING:
PROGRESSIVE QUALITYPOUCE SERVICE;
A SAFE ENVIRONMENl'TO IMPROVE TIlE QUALITY OF UFE;
AREDUCIlON IN CRJME TIlROUGHPROBLEM RECOGNITION AND PROBLEM SOLVING
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2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION
12.80.130(T) OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO
3 ENTERING OR REMAINING IN A CITY-OWNED SKATEBOARD PARK WITHOUT
SKATING.
4
5
6
7
8
9
10
II
12
13
14
15
16
17
18
19
20
III
21
III
22
III
23
III
24
III
25
III
26
III
27
III
28
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO
ORDAIN AS FOLLOWS:
SECTION I. Section 12.80.130(T) of the San Bernardino Municipal Code is amended to
now read in its entirety as follows:
12.80.130 Park regulations.
Within the limits of any public park or playground in or upon any facility or
building located therein and owned or controlled by the City, it is unlawful for any person
to:
"T. (1) Skateboard or inline skate at a City-owned skateboard park without wearing a
helmet, elbow pads, and knee pads; (2) use this facility for skateboarding or inline skating
if under the age of fourteen (14) years without being supervised by an adult; (3) use any other
equipment other than skateboards or inline skates at this facility; (4) skateboard or inline
skate during rain or wet conditions at this facility; andlor, (5) if not an adult supervising
someone under the age of fourteen (14) years, enter (by passing through the entrance/fence)
or remain in the skateboard park while not actively skating at all times."
MRltbm [12.80.130(T).ordwpd]
c
I AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION
12.80.130(T) OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO
2 ENTERING OR REMAINING IN A CITY-OWNED SKATEBOARD PARK WITHOUT
SKATING.
3
I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and
4
Common Council of the City of San Bernardino at a regular meeting thereof, held on
, 2004, by the following vote, to wit:
AYES
NAYS
ABSTAIN ABSENT
Rachel G. Clark, City Clerk
-
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", '''-'to RECORDS & INFORMATION MANAGEMENT PROGRAM .'"
Meeting Date/Date Adopted:
Resolution/Ordinance No.
Effective Date: 16 - X" -0 'I
Vote: Ayes: 1-]
Abstain; ;:::r-
Date Sent to Mayor: ~/~/ 0 V
Date of Mayor's Signature: cf /~o 7
Date Summary Sent to Attorney: I ~ 0 y
O>e,"~'-~--~ _~
Meeting Type: ~~
Continued From/T & Item No.
Item No. I ~
Ordinance Urgency: Yes I~
Termination/Sunset Date: ~
o
o
Nays:
Absent:
Date Returned from Mayor: ?/ 9/0,'f
Date of Clerk's Signature: ~'/I hi ot/
/
Date Summary Returned from Attorney:
'T/flt!f'"
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Date Seal Impressed:
9-1.5-0 {
Date Sent for Signature: To Whom:
''1',..,.,0'', ~ O~'-rJ ~
Copies DistribU~)~:? /~ l2)/' /'4-. r /tn<-/. r~ H k/.
Exhibits Complete & Attached to Resolution/Ordinance:
Reminder Letter Sent:
Reminder Letter Sent:
Reminder Letter Sent:
Request for Council Action & Staff Report Attached:
Notes: JvlP';-/ /~~- jll~/oy
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Yes
No
Ready to File: ~ ,~
IXXUMfNT lOCAT1ON:
FOIIMS/Ap'da 11m TIICIdnI Fomt.cc forni Net. 111. USt \Jpdued; 1210411996
Date:
1/1'3/0'1
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