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(1) Statement of Purpose. The purpose of this section is to establish a comprehensive set of rules and regulations for the use of public skate park facilities in the city of Cudahy.

(2) Definitions. For the purpose of carrying out the intent of this section, words, phrases and terms used herein shall have their ordinary meaning, unless otherwise indicated as follows:

(a) “Department” shall mean the city of Cudahy community services and recreation department;

(b) “Director” shall mean the city manager, or his or her designee;

(c) “Public skate park facility” shall mean any facility, structure or area in which skateboarding, in-line skating and/or roller skating is permitted pursuant to the provisions of this section, which is owned, operated and maintained by the city;

(d) “Roller skates” or “in-line skates,” including roller blades, shall mean any shoe, boot or other footwear to which one or more wheels are attached;

(e) “Skateboard” shall mean any platform of any composition or size to which two or more wheels are attached and which is intended to be ridden or propelled by one or more persons standing or kneeling upon it and to which there is not affixed any seat or any other device or mechanism to turn and control the wheels;

(f) “Skate activity” shall mean the use of a skateboard, roller skates or in-line skates, including roller blades;

(g) “Skater” shall mean any person participating in skate activity.

(3) Hours of Operation. Public skate park facilities shall be open weekdays from 3:00 p.m. until 8:00 p.m. and weekends 12:00 p.m. to 6:00 p.m., or as otherwise posted by the director. It shall be unlawful for any person to use or remain in such facilities in violation of this section without written consent of the department. Public skate park facilities shall close in the event of rain, rainy conditions or otherwise wet areas.

(4) Prohibited Conduct. While in skate park facilities:

(a) No person shall ride or use any nonmotorized personal transportation other than roller skates, in-line skates or skateboards, including, but not limited to, bicycles, scooters, unicycles, go-carts and wagons, within the skating surface of any public skate park facility, or to cause nonmotorized personal transportation to be ridden or used within the skating surface of any public skate park facility;

(b) No food or drink is permitted at the skate park;

(c) No person shall possess any can, bottle or other receptacle containing any alcoholic beverage;

(d) No person shall allow or cause graffiti or tagging in, on or around any part of the public skate park facility;

(e) No person shall ride or use any roller skates, in-line skates or skateboards at a public skate park facility in a reckless manner or with willful disregard for the safety of persons or property, or to cause anyone using roller skates, in-line skates or skateboards to ride or use them in such a reckless manner;

(f) All skaters must skate safely and responsibly. No skater may enter the skate park when it is already being used to capacity;

(g) No person shall deposit or leave garbage, cans, bottles, papers, waste or refuse of any kind in a location other than a receptacle provided for such purpose or cause such items to be deposited or left in such a manner. If no receptacle is provided, each person shall be responsible for removing and disposing of such items from the public skate park facility;

(h) No person shall allow or cause any animal of any kind to be brought into a public skate park facility;

(i) No person shall allow or cause glass containers of any kind to be brought into any public skate park facility;

(j) No person, other than a skater, is permitted within the skating surface of a public skate park facility, except that spectators may sit or stand in areas designated for that purpose;

(k) No person shall place or utilize obstacles or other materials within a public skate park facility that are not affixed to a public skate park facility by the city for recreational purposes;

(l) No person shall use a public skate park facility while under the influence of alcohol or drugs that would impair that person’s judgment or motor skills;

(m) No person shall conduct organized activities, events or competitions without prior written permission from the director;

(n) No skate activity is permitted on the walkways, other boundary structures or seating areas immediately surrounding or adjoining a public skate park facility;

(o) Use of profanity or abusive language is strictly prohibited and shall result in automatic expulsion from the skate park and penalties provided for in this section;

(p) No loud music shall be permitted at the skate park;

(q) All children under age 11 who wish to utilize the skate park must be accompanied by an adult.

(5) City Immunity from Liability. All skate activity within any public skate park facility is deemed a hazardous recreational activity within the meaning of Section 831.7 of the Government Code and the city of Cudahy may not be held liable for injuries sustained or incurred by persons who participate in any such hazardous recreational activity.

(6) Protective Gear Requirement. All skaters must wear a safety helmet, elbow pads and kneepads while participating in skate activity within a public skate park facility. Skaters using skateboards must wear shoes (no bare feet or sandals). All such protective gear must be functional and protective, properly sized and designed for their intended use at the public skate park facility.

(7) Other Regulations. The director may set forth any other rules and regulations for the use of a public skate park facility, which he or she deems appropriate; provided, that signs describing such rules and regulations are placed and posted pursuant to this section.

(8) Signage and Posting Requirements. In order to provide reasonable notice to the public, the director shall place and post signs in one or more conspicuous and visible area(s) of a public skate park facility designating the facility, structure or area as a public skate park facility, specifying the rules and regulations established pursuant to this section, and prohibiting the activities described herein.

(9) Penalties. Any violation of this section, or the Article hereby adopted, shall constitute an infraction and shall be punishable as set forth in CMC 1.36.010(2).

(10) Additional Enforcement. The director or his or her designee shall have the authority to eject and expel from the skate park any person who is in violation of any provision of this section. (Ord. 583. 2002 Code § 3-1.48).