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HomeMy WebLinkAboutORD 14 (1999)ORDINANCE NO. 14 (1999) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR REGULATING WHEELED TOYS ON PRIVATE PROPERTY WHEREAS, the public health, safety and welfare require that the use of wheeled toys be prohibited where not consistent with the use of the property as determined by the owner of the property. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DOES HEREBY ORDAIN AS FOLLOWS: Section 1 Chapter 10.28 of Title 10 of the Diamond Bar Municipal Code is hereby amended to add thereto new Sections 10.28.030, 10.28.040 and 10.28.050 to read as follows: 10.28.030 Definitions - For purposes of this Chapter, certain words and terms are defined as follows: a. Private property shall mean any property held by private individuals or interests which is used primarily for business, commercial, office space, business park, religious, multi- family or recreational purposes. This shall also include the parking facilities for these "private property" areas. b. Public property shall mean any property owned or maintained by the City of Diamond Bar within the geographical boundaries of the City of Diamond Bar. C. Wheeled toys shall refer to rollerblades, rollerskates, skateboards, or any similar device. d. Rollerblades or rollerskates shall mean any footwear, or device which may be attached to the foot or footwear, to which wheels are attached. e. Skateboard shall mean a board of any material, which has wheels attached to it and which is propelled or moved by human, gravitational, or mechanical power. 10.28.040 Prohibition — Restrictions a. No person shall utilize, ride upon or otherwise move about on any rollerblades, rollerskates, or skateboards or similar devices on any private property where a sign has been posted prohibiting rollerblading, rollerskating, skateboarding or similar activity. b. Any private property owner may elect to prohibit rollerblading, rollerskating, skateboarding or similar activity by posting signage in accordance with Section 10.28.050 of this Code. 10.28.050 Posting of Signs Prior to the enforcement of the prohibition on rollerblading, rollerskating, skateboarding or similar activity, the area so designated shall be posted with signs which provide substantially as follows: "Rollerblading, rollerskating, skateboarding or similar activity is prohibited by Diamond Bar Municipal Code Section 10.28.040. Any violation is punishable in accordance with Diamond Bar Municipal Code Chapter 1.04." Such prohibition shall apply to the property or area so designated once the property or area has been posted with signs in plain view at all entrances to the property or area. These signs will be 17" x 22" with lettering not less than one inch in height. It shall be the responsibility of the property owner to post and maintain all signs prohibiting the above actions. Section 2 The City Clerk is directed to certify the passage and adoption of the Ordinance and to cause it to be published or posted as required by law. Section 3 If any section, subsection, sentence, clause, portion, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining sections, subsections, sentences, clauses, portions, or phrases of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, portion, or phrase without regard to whether any other section, subsection, sentence, clause, portion, or phrase of the Ordinance would be subsequently declared invalid or unconstitutional. PASSED, APPROVED AND ADOPTED this 4th day of January , 2000. Alm' Mayor I, Lynda Burgess, the City Clerk of the City of Diamond Bar , do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Diamond Bar, California, held on the 21st day of December, 1999, and was finally passed at a regular meeting of the City Council of the City of Diamond Bar, held on the 4th day of January, 2000, by the following vote: AYES: COUNCIL MEMBERS: Chang, Herrera, Huff, MPT/Ansari, M/O'Connor NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAINED: COUNCIL MEMBERS: None ATTEST: LYN A BURGESS, City Clerk City of Diamond Bar