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2019-266 Amending Municipal Code 13.01.100 SkateparkoRDtNANCE NO. 2019-266 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA, AMENDING CHAPTER 13.01, SECTION 1OO OF THE MENIFEE MUNICIPAL CODE ESTABLISHING AND ADJUSTING DESIGNATED SKATEBOARDING AREA RULES THE CITY COUNCIL OF THE CITY OF MENIFEE DOES ORDAIN AS FOLLOWS SECTION 1. On May 21 ,2014, the City Council of the City of Menifee ("City") adopted Ordinance No. 2014-146 which added Chapter 13.01 the Menifee Municipal Code establishing regulations for park use within the City. SECTION 2. Since ado ption of Ordinance No. 2014-146, the City has elected to supervise the park during hours of operation. Furthermore, changes to 115800 of the Health and Safety Code, relating to recreational safety at skateboard parks owned or operated by public entity, has applied provisions relating to skateboard safety and liability to other wheeled recreational devices. SECTION 3. Accordin gly, Section 100 of Chapter 13.01 is hereby amended to read in its entirety as follows s 13.01.100 DESTGNATED SKATEBOARDING AREA RULES. A. The following regulations shall apply to any facility, park or other area designated by the City by resolution as a skateboarding area: 1. No person shall skate, e+-skateboard or ride a bi cle at times other than established as the hours of operation. The hours of operation shall be ES db the Ci Ma naq er or hisiher desi o nee and are to be osted by City. No personn shall use or remain in such facility in violation of this section without written consent of the City. 2. No person shall use the skateboarding areas for uses other than skateboarding, and in-line skating, acd-hard wheel scooters. and bicvcles. 3. No person shall use the skateboarding areas unless proper safety equipment including a helmet, elbow pads, and knee pads are worn. All such gear must be functional and protective, properly sized and designed for their intended use at the skateboarding areas. 4. Every person under the age of f,et+4een-twelve must be supervised by an adult. A ^+ +ha - 1,^+^h^a.n i^^ a.a-.-Session times will be established for skatinq and bikinq activities separatelv. Skateboardinq, in-line katin n I wh el ote will be allowed in the skateboardin area at the same time 6. No person shall use alcohol or drugs in the skateboarding area 7. All persons using the skateboarding area must place trash in cans provided by the City or such persons shall be removed from the designated skateboarding areas. B. No person shall skateboarding area. cause graffiti or tagging at or near the 9. No person shall skate eR. ride a skateboard wheeled scooter on the curbs, sidewalks, fences, railings and/or driveways of the City owned area surrounding the skateboarding area. 10. All persons using facility will adhere to park capacity rules SECTION 4. ln all other res pects, Chapter 13.01 of the Menifee Municipal Code remains unchanged and in full force and effect, permanently adopting the referenced provisions of law effective July 1,2014. SECTION 5. This Ordinance is hereb y adopted in accordance with all procedures set forth in the Government Code and in accordance with all other procedures required to adopt or re-adopt existing provisions of law by reference. SECTION 6. Severabili ty. lf any section, subsection, paragraph, sentence, clause or phrase of this ordinance is for any reason held to be invalid or u nconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance, it being expressly declared that this ordinance and each section, subsection, paragraph, sentence, clause and phrase thereof would have h B. Violations and Penalties. Violations of any provisions of this Section is deemed to be an infraction and is punishable as such according to the provisions of this Code and state law. and as adooted bv t throuoh Resolution. Redlined to show changes been adopted, irrespective of the fact that one or more other section, subsection, paragraph, sentence, clause or phrase be declared invalid or unconstitutional. SECTION 7. This Ordinance shall take effect 30 da ys from the date of its adoption. The City Clerk shall certify to the passage of this Ordinance and cause the same to be posted as required by law. This Ordinance was introduced and read on the 6th day of February, 2019 and PASSED APPROVED AND ADOPTED this 20'h day of February, 2019. Bill Zimm ayor ATTEST. Sa hA.M ring, City C APPROVED AS TO FORM: Melching, City ey STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF MENIFEE Noes: NoneAbsent: None Abstain: None J hA,M , City Clerk SS ) ) ) MENIFeE I, Sarah A. Manwaring, City Clerk of the City of Menifee, do hereby certify that the foregoing Ordinance No. 2019-266 was duly adopted by the City Councit of the City of Menifee at a meeting thereof held on the 20'h of February, 2019 by the following vote: Ayes: Deines, Liesemeyer, Sobek, August, Zimmerman //