Ordinance 1996-04ORDINANCE NO. 96 -4
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF GILROY AMENDING SECTION 16.32 OF THE GILROY
CITY CODE AND ADDING SECTION 16 -32 -1 RELATING
TO THE REGULATION OF SKATEBOARDS, ROLLER -
SKATES, IN -LINE SKATES AND OTHER SIMILAR
WHEELED DEVICES
WHEREAS, the City of Gilroy has received complaints about the
numbers of skateboards, rollerskates, in -line skates and other
similar wheeled devices being used on and in front of businesses
and in shopping centers, malls and retail centers on private
property without the owner's permission, and is also concerned
about such use on property owned or controlled by the City; and
WHEREAS, the City Council is concerned about the safety of and
conflicts among pedestrians, motor vehicles and users of the above
rolling devices when such devices are used in the above- described
locations; and
WHEREAS, the City Council finds that the practices of
skateboarding, rollerskating and in -line skating can be
characterized by high rates of speed and rapid changes in the
direction of travel without warning, and therefore can endanger the
user and the public when used in certain locations;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION I
Section 16.32 of the Gilroy City Code is hereby amended as
follows:
Sec. 16.32. Vehicles prohibited on posted sidewalks.
(a) Except for a disabled person in a wheelchair, it shall be
unlawful for any person to ride any bicycle, skateboard, or
rollerskate or use in -line skates or other similar wheeled vehicles
adjacent to the frontage of a public building owned or controlled
by the city or any commercial establishment on a sidewalk posted
with signs or stencils forbidding such conduct. Violation of any
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provision of this section shall constitute an infraction and is
punishable under the provisions of Section 1.7 of this Code.
(b) The city administrator is authorized to establish the
locations where riding or using such vehicles is hazardous and to
post appropriate signs or stencils as described in Sec. 16.32 -1(d)
forbidding such conduct, except that said signs will refer to
Gilroy City Code Section 16.32.
SECTION II
Section 16.32 -1 is hereby added to the Gilroy City Code as
follows:
Sec. 16.32 -1 Skateboarding, rollerskating and in -line skating
prohibited where posted.
(a) No person shall ride, propel or in any manner operate a
skateboard, rollerskates,
wheeled rolling device on,
public property owned or
administrator has determine
therefore prohibited.
(b) No person shall
skateboard, rollerskates,
wheeled rolling device on,
or in -line skates, or other similar
along or over any parking lot or other
controlled by the city where the city
ad that such activities are hazardous and
ride, propel or in any manner operate a
or in -line skates, or other similar
along or over:
(1) any privately owned commercial property upon which
property the businesses are under the control of a single owner,
manager or agent, and where such activities are prohibited by the
owner, manager or agent; or
(2) any property owned by a public agency where such
activities are prohibited by the public agency.
(c) Violation of any provision of subsections (a) and (b)
above shall constitute an infraction and is punishable under the
provisions of Section 1.7 of this Code.
(d) The prohibitions set forth in this section shall not
apply until notice has been provided as follows:
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i 0
(1) Notices shall be provided in and about the property
where the activity is to be prohibited in sufficient numbers
and locations so that they are reasonably likely to be seen by
those engaging in the prohibited activity. Signs may be
posted, or notices may be stenciled directly onto a paved
surface. Each sign or notice shall state which activities are
prohibited in letters two inches in height; signs shall be
printed in black on a white background. Each notice shall
also provide a citation to the Gilroy City Code in letters one
inch in height at the bottom and right side of the sign
stating "Gilroy City Code Sec. 16.32 -1 ". A sign shall not
exceed two hundred forty (240) square inches in area; and
(2) For commercial establishments and public
agencies invoking the provisions of this section pursuant to
subsection (b), written notification shall be delivered to the
chief of police not less than twenty -four (24) hours prior to
posting notices on the property, stating the date it will
become subject to this section. Property which is brought
under the provisions of this section may be withdrawn by
removing the posted notices and by notifying the chief of
police in writing of the withdrawal.
Section III
If any section, sentence, clause, or phrase of this ordinance
is held to be invalid or unconstitutional by any court of competent
jurisdiction, said holding shall in no way affect the validity of
the remaining portions of this ordinance. The City Council hereby
declares that it would have adopted this ordinance and each and
every provision herein, irrespective of the possibility that one or
more provisions might be declared invalid.
This ordinance shall take effect and be in full force thirty
(30) days from and after its adoption and approval.
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PASSED AND ADOPTED this 1st day of April, 1996 by the
following vote:
AYES: COUNCILMEMBERS: GILROY, MORALES, ROGERS, ROWLISON,
SPRINGER, VALDEZ, GAGE
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
APPROVED:
xa4v J, (�a�
Donald F. Gage, MYOF
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I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do
hereby certify that the attached Ordinance No. 96 -4 is an original
ordinance, duly adopted by the Council of the City of Gilroy at a regular
meeting of said Council held on the 1st day of April 19 96,
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 _ day of April
19 96
City Clerk of the City of Gilroy 61-
(Seal)