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)