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2010/02/09 City Council Ordinance 819 AFFIDAVIT OF POSTING STATE OF CALIFORNIA) ) ss County of Sonoma ) Terri Griffin, under penalty of perjury, deposes and says: That she is, and during all times herein mentioned was, the duly acting and qualified Deputy City Clerk of the City of Rohnert Park, Sonoma County, California; and that on the 17th day of February. 2010, she posted as required by law full, true, and correct copies of ORDINANCE NO. 819, "REPEALING AND REPLACING CHAPTER 10.70, SKATEBOARDS, OF TITLE 10, VEHICLES AND TRAFFIC, OF THE ROHNERT PARK MUNICIPAL CODE" in five (5) public places in said City, to wit: www.rpcitv.or!! for website posting City Hall 130 Avram Avenue Public Safety M~in Station 500 City Center Drive Rohnert Park Community Center 5401 Snyder Lane Library 6250 Lynne Conde Way ~~~'~ Signed ;ff.dA'/~ Deputy City Clerk Subscribed and sworn to before me this 17th day of February, 2010. M:\Ordinances\Ordinances 201 O\Affidavits of Posting\Affidavit of Posting 819.doc ORDINANCE NO. 819 AN ORDINANCE OF THE CITY OF ROHNERT PARK, CALIFORNIA REPEALING AND REPLACING CHAPTER 10.70, SKATEBOARDS, OF TITLE 10, VEHICLES AND TRAFFIC, OF THE ROHNERT PARK MUNICIPAL CODE WHEREAS, Title 10 of the Rohnert Park Municipal Code addresses vehicles and traffic; WHEREAS, the City of Rohnert Park desires to keep its facilities in a well-maintained and safe condition for all to enjoy; and WHEREAS, there are no provisions in the existing skateboard ordinance prohibiting the use of skateboards, roller skates, in-line skates, coasters, scooters, and other similar devices on city- owned property; and WHEREAS, the City Council wishes to amend in its entirety Chapter 10.70 to expand the breadth of devices considered in this ordinance and to add the prohibition of said devices from use on city-owned property except for city-owned parks. NOW, THEREFORE, the City of Rohnert Park does hereby ordain as follows: SECTION 1: Chapter 10.70, Skateboards, of Title 10 of the City of Rohnert Park Municipal Code is hereby repealed and replaced to read as follows: "Chapter 10.70 SKATEBOARDS, ROLLER SKATES, IN-LINE SKATES, COASTERS, . SCOOTERS, AND OTHER SIMILAR DEVICES Sections: 10.70.010 Legislative purpose 10.70.020 Definitions 10.70.030 Prohibited locations 10.70.040 Exemptions 10.70.050 Violation and penalty 10.70.010 Legislative purpose The purpose of this ordinance is to prohibit the use or operation of skateboards, roller skates, in- line skates, coasters, scooters, and other similar devices on city-owned property except for city- owned parks. The City deems such activities to be a nuisance and a danger to pedestrians, and such activities may cause damage to public property. The intent of this chapter is to establish areas of prohibition for skateboards, roller skates, in-line skates, coasters, scooters, and other similar devices to alleviate the nuisance caused by such devices, to reduce the risk of injury to pedestrians, and to reduce potential damage to 'public property. Page 1 of3 10.70.020 Definitions The following definitions apply to this chapter: a) Skateboard. A board or platform of any type of material mounted on two or more wheels attached to the underside that is usually propelled by the user, who sometimes stands, sits, kneels, or lies upon the device while it is in motion. b) Roller/In-line Skates. A pair of shoes or boots, with two or more wheels mounted on the underside of each shoe or boot that is usually self-propelled by the user in an upright position or kneeling. c) Coaster/Scooter. A board or platform of any type of material mounted on two or more wheels attached to the underside and controlled by an upright steering handle that is usually self-propelled by the user in an upright position. d) Other similar devices. Any device used for mobility that substantially meets the general definitions contained herein for skateboards, roller skates, in-line skates, coasters, and scooters. This term does not include wheelchairs or other devices operated by a mobility- impaired person or by such person's assistant. 10.70.030 Prohibited locations No person shall use or operate skateboards, roller skates, in-line skates, coasters, scooters, or other similar devices on city-owned property identified in a resolution adopted by the City Council, unless such use is permissible pursuant to section 10.70.040. Said locations shall contain signage indicating that the use or operation of skateboards, roller skates, in-line skates, coasters, scooters, or other similar devices is prohibited. 10.70.040 Exemptions The use or operation of skateboards, roller skates, in-line skates, coasters, scooters, and other similar devices in prohibited locations identified in section 10.70.030 is permissible if such use or operation is: a) pursuant to a valid administrative permit obtained from the Community Services Department; or b) on streets and sidewalks, unless otherwise prohibited by state law or local regulation. 10.70.050 Violation and penalty A violation of any provision of this chapter shall constitute an infraction as provided for in Chapter 1.16 of this Code." SECTION 2: Severability. The City Council hereby declares that every section, paragraph, sentence, clause, and phrase of this ordinance is severable. If any section, paragraph, sentence, clause, or phrase of this ordinance is for any reason found to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining sections, paragraphs, sentences, clauses, or phrases. SECTION 3: Effective Date and Publication. This ordinance shall be in full force and effect 30 days after its adoption, and shall be published and posted as required by law. Page 2 of3 This ordinance was introduced by the City Council of the City of Rohnert Park on January 26, 2010 and adopted on February 9 ,2010 by the following roll call vote: AYES: Five (5) Council Members Belforte, Breeze, Callinan, Mackenzie, and Mayor Stafford NOES None (0) ABSENT: None (0) ABSTAIN: None (0) CITY OF ROHNERT PARK ~~~ Mayor ATTEST: /\~~ ~111/J-O" 6Ytlerk . (j)~~ APPROVED AS TO FORM: ~ ,;M;;-. AJff C~ttomey Page 3 of3 1243150v780078/0012