Ordinance Number 720ORDINANCE NO. 720
AMENDING TITLE 5 OF THE MUNICIPAL CODE -
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ADDING CHAPTER 23, "SKATEBOARDING
PROHIBITED IN CERTAIN DESIGNATED AREAS", TO TITLE 5 OF
THE SAN JUAN CAPISTRANO MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Title 5, Chapter 23, "Skateboarding Prohibited in
Certain Designated Areas", is hereby added to the San Juan Capistrano Municipal Code
to read as follows:
TITLE 5, CHAPTER 23
Sections:
5-23.01
Definitions.
5-23.02
General Prohibition.
5-23.031
Designation of Public Property as No Skateboarding
Area.
5-23.04
Designation of Private Property as No Skateboarding
Area.
5-23.05
Posting of Signs Required, Content.
5-23.06
Fees Set by Resolution.
5-23.07
Penalties.
5-23.08
Exemption For the Provisions of this Chapter.
Sec. 5-23.01. For the purposes of this Chapter, the following words
shall have the meanings ascribed below:
(a) 'Business District' shall be defined as designated in Section 235 of
the California State Vehicle Code.
(b) 'Private Property' shall mean any property held by private interests
which is used primarily for business, commercial, or recreational
purposes.
(c) 'Public Property' shall mean any property owned or maintained by
the City of San Juan Capistrano.
(d) 'Skateboard' shall mean a board of any material, which has wheels
attached to it and which is propelled or moved by human gravi-
tational, or mechanical power, and to which there is not fixed any
device or mechanism to turn or control the wheels.
Sec. 5-23.02. General Prohibition. It shall be unlawful and subject to
punishment in accordance with Section 5-23.07 of this Chapter, for any person utilizing
or riding upon skateboards or similar devices to ride or move about in or on any public or
private property when the same has been designated by Resolution of the City Council
and posted as a no skateboarding area.
BE
Sec. 5-23.03. Designation of Public Property as No Skateboarding
Area. The City Council may, upon review and recommendation by the City Engineer,
designate any public roadway, sidewalk, or other public property as a no skateboarding
area. The City Council shall designate such area by Resolution and order the posting of
appropriate signage in accordance with Section 5-23.05 of this Chapter.
Sec. 5-23.04. Designation of Private Property as No Skateboarding
Area. The City Council may, by Resolution, designate any private property within a
business district, or which is primarily used for commercial or recreational purposes, as a
no skateboarding area. The City Council may so designate this private property subject
to the following:
(a) If the property is owner -occupied property, the property owner
shall submit a written petition of application requesting a designation of
a no skateboarding area.
(b) If the property is occupied by tenants of the owner, either:
(i) The property owner shall submit a written petition of
application requesting designation of a no skateboarding
area; or
(ii) The tenants shall submit a written petition of
application by a majority of the tenants on the property
supporting a designation of a no skateboarding area and
the application shall also contain written consent of the
property owner.
(c) The City Clerk shall cause notice of City Council consideration of
this application to be mailed to all tenants in the subject private
property as well as to the owner at least five (5) days prior to City
Council consideration.
The City Council may approve or deny the request for designation of the
no skateboarding area.
Sec. 5-23.05 Posting of Signs Required, Content. Prior to the
enforcement of the prohibition on skateboarding the area so designated shall be posted
with signs which provide substantially as follows:
'Skateboarding is prohibited by the San Juan
Capistrano Municipal Code, Section 5-23.02.
Any violation is punishable by a fine of $100.00
for a first offense.'
Such prohibition shall apply to the property or area so designated once posted
in plain view at all entrances to the property or area, and on signs which are not less than
17 by 21 inches high in size with lettering not less than one inch in height.
Sec. 5-23.06 Fees Set by Resolution. The City Council may, by
Resolution, establish fees for the receipt and processing of applications and petitions for
no skateboarding areas. In addition, the City Council may, by Resolution, establish fees
sufficient to cover the costs of developing, printing, and posting the areas designated
pursuant to this Chapter.
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Sec. 5-23.07 Penalties. Any violation of this Chapter is deemed an
infraction, punishable by a fine of One Hundred Dollars ($100.00). A second violation of
this Chapter shall be punishable by a fine of Two Hundred Dollars ($200.00), and a third
and subsequent violation shall be deemed a misdemeanor punishable in accordance with
Title 1, Sections 1-2.01 to 1-2.08 of this Code.
Sec. 5-23.08 Exemption From the Provisions of this Chapter. Any
devices designed, intended, and used solely for the transportation of infants, the
handicapped, or incapacitated persons, or devices designed, intended, and used for the
transportation of merchandise to and from the place of purchase and other wheeled
devices, when being used for either of these purposes, shall be exempt from the
provisions of this Chapter. Furthermore, the City Council may, by Resolution, suspend
the enforcement of the provisions of this Chapter to accommodate special events when
so requested by the event organizer.
SECTION 2. If any section, subsection, subdivision, sentence, clause,
phrase, or portion of this Ordinance, is for any reason held to be invalid or unconsti-
tutional by the decision of any court of competent jurisdiction, such decision shall not
affect the validity of the remaining portions of this Ordinance. The City Council hereby
declares that it would have adopted this Ordinance, and each section, subsection, subdi-
vision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one
or more sections, subsections, subdivisions, sentences, clauses, phrases or portions
thereof be declared invalid or unconstitional.
passage.
SECTION 3. Effective Date.
This ordinance shall take effect and be in force thirty (30) days after its
SECTION 4. City Clerk's Certification.
The City Clerk shall certify to the adoption of this Ordinance and cause the
same to be posted at the duly designated posting places within the City and published
once within fifteen (15) days after passage and adoption is required by law; or, in the
alternative, the City Clerk may cause to be published a summary of this Ordinance and a
certified copy of the text of this Ordinance shall be posted in the Office of the City
Clerk five (5) days prior to the date of adoption of this Ordinance; and, within fifteen
(15) days after adoption, the City Clerk shall cause to be published, the aforementioned
summary and shall post a certified copy of this Ordinance, together with the vote for and
against the same, in the Office of the City Clerk.
PASSED, APPROVED, ANC "� "
1992.
ATTEST:
CITY CLERK Ch ryl Johnson
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
1, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano,
California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of
Ordinance No. 79n which was introduced at a meeting of the City Council of the City
of San Juan Capistrano, California, held on November 17th , 1992, and adopted at
a meeting held on December 15th , 1992, by the following vote:
AYES: Council Members Nash, Hausdorfer, Campbell and Mayor Jones
NOES: Council Member Vasquez
ABSENT: None
ABSTAIN: None
(SEAL)
CHERYL JOHNSON, VTY CLERK