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CITY COUNCIL AGENDA ITEM NO. 03

Meeting Date: July 10, 2001

Subject/Title: Second Reading of Ordinance No. 673 of the City Council of the City of Brentwood Adding Section 9.48.075 to the municipal code requiring the wearing of safety gear at the Brentwood Skate Park

Submitted by: Craig D. Bronzan, Director of Parks and Recreation
Janet Hansen, Park Planner

Approved by: Jon Elam, City Manager



RECOMMENDATION 
Approve an ordinance adding section 9.48.075 to the municipal code requiring the wearing of safety gear at the Brentwood Skate Park.

PREVIOUS ACTION
The Council Park and Recreation Sub-committee held a community meeting on September 16, 1999, to discuss the possibility of building a skate park in Brentwood. The City Council passed Resolution No. 99-225 on October 12, 1999, amending the 1999-2004 Capital Improvement Program to include construction of a skate park in Brentwood (CIP Project No. 522-5213) and directing the Director of Parks and Recreation to return to City Council for the award of the construction contract. The Park and Recreation Commission and Youth Commission held a joint special meeting on October 18, 1999, to consider forming a task force for the development of a skate park. The City Council approved the establishment of a Skate Park Task Force on October 26, 1999. The City Council authorized the City Manager to execute a professional services agreement with Land Image on January 11, 2000, for the design of the City of Brentwood Skate Park. On April 11, 2000, City Council approved the Park and Recreation Commission recommendation to approve the Brentwood Skate Park preliminary site master plan and related budget (CIP Project #522-5213). On September 26, 2000, City Council directed staff to have one additional community meeting with the architect and then put the project out to bid. The final community meeting was held on November 13, 2000, with the project being put out to bid on January 22, 2001. Bids were opened on February 20, 2001. City Council awarded the bid for construction of the Skate Park (CIP No. 522-5213) to A.J. Vasconi General Engineering on February 27, 2001. City Council approved first reading of Ordinance No. 673 at the City Council meeting of June 26, 2001.

BACKGROUND
Section 115775-115800 of the California Health and Safety Code governs skateboard parks in California. The section is as follows:

115800. (a) No operator of a skateboard park shall permit any person to ride a skateboard therein, unless that person is wearing a helmet, elbow pads, and knee pads.
(b) With respect to any facility, owned or operated by a local public agency, that is designed and maintained for the purpose of recreational skateboard use, and that is not supervised on a regular basis, the requirements of subdivision (a) may be satisfied by compliance with the following:
(1) Adoption by the local public agency of an ordinance requiring any person riding a skateboard at the facility to wear a helmet, elbow pads, and knee pads.
(2) The posting of signs at the facility affording reasonable notice that any person riding a skateboard in the facility must wear a helmet, elbow pads, and knee pads, and that any person failing to do so will be subject to citation under the ordinance required by paragraph (1).
(c) "Local public agency" for purposes of this section includes, but is not limited to, a city, county, or city and county.
(d) (1) Skateboarding at any facility or park owned or operated by a public entity as a public skateboard park, as provided in paragraph (3), shall be deemed a hazardous recreational activity within the meaning of Section 831.7 of the Government Code if all of the following conditions are met:
(A) The person skateboarding is 14 years of age or older.
(B) The skateboarding activity that caused the injury was stunt, trick, or luge skateboarding.
(C) The skateboard park is on public property that complies with subdivision (a) or (b).
(2) In addition to the provisions of subdivision (c) of Section 831.7 of the Government Code, nothing in this section is intended to limit the liability of a public entity with respect to any other duty imposed pursuant to existing law, including the duty to protect against dangerous conditions of public property pursuant to Chapter 2 (commencing with Section 830) of Part 2 of Division 3.6 of Title 1 of the Government Code.
(3) For public skateboard parks that were constructed on or before January 1, 1998, this subdivision shall apply to hazardous recreational activity injuries incurred on or after January 1, 1998, and before January 1, 2001. For public skateboard parks that are constructed after January 1, 1998, this subdivision shall apply to hazardous recreational activity injuries incurred on or after January 1, 1998, and before January 1, 2003. For purposes of this subdivision, any skateboard facility that is a movable facility shall be deemed constructed on the first date it is initially made available for use at any location by the local public agency.
(4) The appropriate local public agency shall maintain a record of all known or reported injuries incurred by a skateboarder in a public skateboard park or facility. The local public agency shall also maintain a record of all claims, paid and not paid, including any lawsuits and their results, arising from those incidents that were filed against the public agency. Beginning in 1999, copies of these records shall be filed annually, no later than January 30 each year, with the Judicial Council, which shall submit a report to the Legislature on or before March 31, 2000, on the incidences of injuries incurred, claims asserted, and the results of any lawsuit filed, by persons injured while skateboarding in public skateboard parks or facilities.
(5) This subdivision shall not apply on or after January 1, 2001, to public skateboard parks that were constructed on or before January 1, 1998, but shall continue to apply to public skateboard parks that are constructed after January 1, 1998.
(e) This section shall remain in effect until January 1, 2003, and as of that date is repealed, unless a later enacted statute, enacted before January 1, 2003, deletes or extends that date.

The proposed ordinance has been reviewed and is recommended for adoption by the City’s risk management authority and the City Attorney.

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