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Ordinance 1999-14ORDINANCE NO. 99q ~ AN EMERGENCY ORDINANCE OF THE CITY OF G1LROY AMENDING CHAPTER 18 OF THE GILROY CITY CODE, REGARDING PUBLIC PARK AND RECREATIONAL FACILITIES AND RULES AND REGULATIONS THEREFOR. WHEREAS, the City of Gikoy ("City") has recently approved, and may in the future approve, City owned and operated park and recreational facilities; and WHEREAS, such City park and recreational facilities require roles and regulations governing their specific uses; and WHEREAS, the City has determined that such park and recreational facilities roles and regulations are for the benefit and in the interest of the health, safety and welfare of its citizens and may be mandated by State law; and WHEREAS, the City Council recognizes that, pursuant to State law, skateboarding at a City skate park facility and in-line skating by adults at a City skate park facility or at other designated City owned recreational areas, are hazardous recreational activities; and WHEREAS, the City Council finds that to ensure and protect the health, safety and welfare of the residents of the City providing rules and regulation for park and recreational facilities is necessary. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES HEREBY ORDAIN AS FOLLOWS: SECTION I: Chapter 18, Section 18.5 entitled "Conduct; acts prohibited" is hereby amended to add subsection (p) to read as follows: Section 18.5. Conduct; acts prohibited. No person in a park shall: "(p) Ride or use a skateboard, roller skates, roller-blades, in-line skates, or other similar devices at a City skate park facility without wearing safety equipment which shall include a helmet, elbow pads and knee pads. Notwithstanding any other provision of this section, violation of this subsection (p) shall be an infraction." UH\455696.01 911-090904706002 SECTION II: Chapter 18, Section l8.10 entitled "Park and Recreational Regulations" is hereby added to the Gilroy City Code to read as follows: Facilities Rules and "Section 18.10. Parks and Recreation Facilities Rules and Regulations. The Director may promulgate roles and regulations goveming the use of the City's parks and recreational facilities and shall provide for the posting or other distribution of said roles and regulations. Copies of said roles and regulations shall be maintained at the City Clerk's office." SECTION III: This Ordinance, pursuant to Gilroy City Charter, Article 6, Section 602 is hereby declared by the City Council to be necessary as an emergency measure and shall take effect immediately and be in full fome and effect upon its adoption because the City Council finds that skateboarding and in-line skating at any facility or park owned or operated by a public entity as a public skateboard park is deemed to be a hazardous recreational activity within the meaning of Section 831.7 of the Govemment Code. State law requires the wearing of safety equipment at a City skate park facility. Skateboarding, in-line skating, roller skating, roller-blading, and similar activites at a public skateboard facility or park without proper safety equipment presents an imminent threat to the public health, safety and welfare, and it is in the pubhc's interest that the City adopt such rules and regulations for park and recreational facilities within the City of Gilroy on an urgent basis. /// /// /// /// /// /// /// UH\455696.01 Ordinance No. 99-14 911-090904706002 SECTION IV: If any section, subsection, subdivision, sentence, clause, or phrase of this Ordinance is for any reason held to be unconstitutional or otherwise void or invalid, by any court of competent jurisdiction the validity of the remaining portion of this Ordinance shall not be affected thereby. PASSED AND ADOPTED thisl 3thday of September, 1999, by the following votes: AYES: COUNCILMBMBERS: GIFFORD, MORALES, ROWLISON, SPRINGER, SUDOL and GILROY NOS: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBER: ATTES Rhonda P~llin, City Clerk ARELLANO K. A. Mike Gilroy, M~yor ) UH\455696.01 911~90904706002 Ordinance No. 99-14 I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 99-14 is an original ordinance, duly adopted by the Council of the City of Gilroy at a special meeting of said Council held on the 13th day of September, 1999, at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this 15th day of September, 1999. City Clerk of the City of Gilroy (Seal)