Ord 42-2008 8/19/2008 . ,
ORDINANCE NO.� �,
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS, AMENDING THE CODE OF ORDINANCES BY THE
ADDITION OF ARTICLE VII TO CHAPTER 82, TO ESTABLISH RULES
AND REGULATIONS FOR USE OF THE SKATE PARK, AND
PENALTIES FOR VIOLATIONS THEREOF; FINDING AND
DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE
WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW.
WHEREAS, on May 6, 2008, the City adopted rules for use of the new Skate
Park located at the Sports Complex; and,
WHEREAS, since the Skate Park's opening on June 25, 2008, City staff has
observed a significant occurrence of rules violations at the Skate Park; and,
WHEREAS, the adoption of the Skate Park rules into the Code of Ordinances
will increase the ability of the City to enforce those rules.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
SECTION 1. Chapter 82 of the Code of Ordinances is hereby amended by the
addition of Article VII, Skate Park, with such chapter to read as follows:
"ARTICLE VII. SKATE PARK
Sec.82-235. Established.
The rules and regulations in this article are established for the government and
protection of the city's skate park.
Sec.82-236. Compliance.
Compliance with the rules and regulations in this article is a condition of the use
of the city's skate park. Any person violating any of such article shall be guilty of a
misdemeanor and shall, upon conviction, be punished as provided in section 1-14 of
this Code.
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Sec.82-237. Definitions.
(a) He/met means a head covering certified to an appropriate safety standard.
For a person riding a bicycle, he/met means a CPSC-certified helmet. For a person
using a skateboard or in-line skates, helmet means an ASTM F-1492-certified helmet.
(b) Motorized mobility device means a device designed for transportation of a
person with physical disabilities that:
(1) Has three or more wheels;
(2) Is propelled by a battery-powered motor;
(3) Has not more than one forward gear; and
(4) Is not capable of speeds exceeding eight miles per hour.
(c) Outside obstacle means any ride feature that is not part of the permanent,
concrete skate park, including, but not limited to, portable or makeshift ramps.
(d) Skate park means all areas of the park, including the parking lot,
sidewalks, grassy areas, landscaped areas and the skate park surface.
(e) Skate park surface means both the shaped and flat concrete areas of the
skate park. The phrase excludes the sidewalks and parking lot area.
Sec. 82-238. Closing of skate park during certain hours.
(a) The skate park shall be closed from every day from 12 a.m. to 8 a.m. and
during any time when signage is posted closing the skate park for cleaning or
maintenance.
(b) It shall be unlawful for anyone to loiter, idle, wander, stroll or play in such
skate park during such period when it is closed. However, if anyone applies for
permission to carry out an activity in the skate park during such hours, and the director
of parks and recreation determines that such activity will not create a disturbance or
public nuisance, the director shall have authority to issue a special permit for such
activity.
Sec. 82-239. Permitted use of skate park.
(a) Only skateboards, in-line skates and BMX bicycles without pegs may be
used on the skate park surface. It shall be unlawful for any person to utilize any other
wheeled or non-wheeled apparatus on the skate park surface, including, but not limited
to:
(1) Bicycles with bicycle pegs;
(2) Sleds;
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(3) Quad roller skates;
(4) Ice skates;
(5) Motorized or non-motorized scooters; and
(6) Motorcycles, dirt bikes or all-terrain vehicles.
(b) It shall be unlawful for any person to utilize a skateboard, in-line skates, a
bicycle or any other wheeled or non-wheeled apparatus on surfaces in the skate park
other than the skate park surface and parking lot. The operation of a nonmotorized
wheelchair or motorized mobility device by a person with physical disabilities is exempt
from this section.
(c) It shall be unlawful for any person other than an agent of the City in the
course of his official duties to be on the skate park surface during electrical storms, or
during the perFormance of maintenance, or when the skate park surface is wet or
covered by ice or snow.
(d) It shall be unlawful for any person to host or participate in any competitive
event at the skate park unless the event has the prior approval of the Parks and
Recreation Department.
Sec. 82-240. Use of skate park by children.
(a) No child under six (6) years of age is permitted on the skate park surface
except during City-approved activities scheduled for that age group. It shall be unlawful
for a parent or guardian to permit a child under six (6) years of age to be on the skate
park surface, unless the child is attending a City-approved activity scheduled for that
age group.
(b) Every child over six (6) and under ten (10) years of age on the skate park
surFace must be accompanied by an adult over seventeen (17) years of age who is
directly supervising the activities of that child. It shall be unlawful for a parent or
guardian to permit a child over six (6) and under ten (10) years of age to be on the
skate park surface unless the child is accompanied by an adult over seventeen (17)
years of age who is directly supervising the activities of that child.
Sec. 82-241. Helmet required.
(a) It shall be unlawful for any person to operate any wheeled apparatus in
the skate park unless that person is wearing a helmet.
(b) In the case of a child under ten (10) years of age, it shall be unlawful for a
parent, guardian, or adult over seventeen (17) years of age directly supervising the
activities of that child to allow the child to operate any wheeled apparatus in the skate
park unless that child is wearing a helmet.
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(c) The operation of a nonmotorized wheelchair or motorized mobility device
by a person with physical disabilities is exempt from this section.
(d) The lawful operation of a motor vehicle in the skate park parking lot is
exempt from this section.
(e) The lawful operation of a motor vehicle by a City employee in the course
of his official duties is exempt from this section.
Sec. 82-242. Possession unlawful.
(a) It shall be unlawful for any person to possess tobacco products, alcoholic
beverages or glass containers in the skate park.
(b) It shall be unlawful for any person to possess or unleash an animal on the
skate park surface.
(c) It shall be unlawful for any person to possess or utilize an outside obstacle
on the skate park surFace.
Secs.82-243-82-255. Reserved."
SECTION 2. It is hereby officially found and determined that the meeting at
which this ordinance was passed was open to the public as required by law.
PASSED AND APPROVED this the 19th day of August, 2008.
MAYOR
ATTEST:
ity Clerk
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Affidavit of Publication
THE STATE OF TEXAS #220903
COUNTY OF WICHITA
� ORDINANCE �• .
ORDINAN��F TME
CITY cou►+ci�. o� On this 3 day of September 2008 A D...
THE CITY OF WICH1-
TA FALLS, TEXAS,
A M E N D I N G r H e ersonall a eared before me the undersi ed authori
CODE OF ORDI- p Y pP � � `J
NANCes ev THe Ao- Kathy Salan, Sales Assistant for the Times Publishing
DITION OF ARTICLE'�
VI I TO CHAPTER 82 i Company of Wichita Falls, ublishers of the Wichita Falls
T,O ESTABLISH p
RULES AND REGULA-
TIONS FOR USE OF I, Times/Record News, a newspaper published at Wichita Falls in
THE SKATE PARK.;
v o ATIONS ITHERE- wichita County, Texas, and upon being duly sworn by me, on
oF; • oath states that the attached advertisement is a true and
correct copy of advertising published in One (1) issues hereof
on the following date:
August 31, 2008
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Sales Assistant for Times Publishing Company of Wichita Falls
Subscribed and sworn to before me this the day and year first above written:
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