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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. -2- 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 -3- 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