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HomeMy WebLinkAbout12-City Attorney 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: on.ot-I me - Ills'-(l Agenda It( =tf l 'l 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 c o o 'I~C~~ 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 - ....-Jo'i.-- ~, i,,;' ' . r.xn:LJ>1C A _. ;**"J:9R OFFICE USE ONLY. NOT-A PUBLlC'DOCuMENT"-"': " "-:~f;~~~?!>>': ~~.~ :~"f;i,~T~": _ '~-~~~~;ii' ~ ~'-:;VJ~ff-,>." :t}~r~~'r~~',,~::- .~".;\"tk~~~~f~~.;~~~~-~Y>~r . '0-,.- 'CllY OF SAN BE'RNARDINO:'CiTv ClERK'S OFFICE ":;~'~.~__w_.-" ", '''-'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'" ( 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 ~ ,""--vL./' fJ~. /~ ./ 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 1 /