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ORDINANCE NO.15-3621
AN ORDINANCE CREATING CHAPTER 1, ARTICLE 1.13, DIVISION 6,
SKATE PARK RULES OF THE CODE OF ORDINANCES OF THE CITY
OF PLAINVIEW, TEXAS, DEFINING TERMS; AUTHORIZING SIGNAGE
TO BE CONSPICUOUSLY POSTED PROVIDING CURFEW HOURS FOR
THE SKATE PARK; ADOPTING RULES AND REGULATIONS;
ESTABLISHING OFFENSES AND PENALTIES FOR VIOLATION OF THE
SKATEPARK RULES WITH A FINE NOT TO EXCEED $500;
SEVERABILITY CLAUSE; CUMULATIVENESS CLAUSE; CONFLICTS
CLAUSE; EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION AND
ENFORCEMENT OF SUCH ORDINANCE.
WHEREAS, the City of Plainview Parks Advisory Board recommended that the
City Council approve a Skate Park design by Spohn Ranch and a contract with them to
construct such Skate Park in the Lloyd C. Woods Park; and
WHEREAS, the City Council determined that the Spohn Ranch design and
contract for a Skate Park is in general conformance with the Park Advisory Board's
Comprehensive Plan as well as the City's Comprehensive Plan; and
WHEREAS, the City Council further found that certain rules and regulations should
be adopted to protect the government, the Skate Park itself, and the users of such Park;
and
WHEREAS, to accomplish the protection of the government, the Skate Park itself,
and users of such Skate Park, the City Council established rules and regulations that
must be conspicuously posted on signs designating the Skate Park area at different points
of the site; and
WHEREAS, the City Council also concluded that Skate Park use by persons
implies their consent with all conditions and regulations stated hereinafter and posted at
the Skate Park, and the persons using such facility accepts responsibility for any harm or
injury as a result of their activities; and
WHEREAS, the violation of these rules and regulations may cause the Skate Park
user to be ejected from the facility and could result in penalties with fines in accordance
with City of Plainview Code of Ordinances, Section 1.01.009; and
WHEREAS, the Skate Park sign shall be posted with the Texas Civil Practice and
Remedies Code, Chapter 75, limitation of liability for governmental units for injuries and/or
damages arising from such Skate Park use; and
WHEREAS, the City Council hereby determined that the Skate Park rules and
regulations as well as the sign conspicuously posted in Skate Park area will be in the best
interest of the public health, safety, and general welfare and will aid in providing Skate
Park users a restricted environment to provide the safest possible entertainment for an
activity that can be hazardous without safety precautions.
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NOW, THEREFORE, The City of Plainview hereby ordains that:
SECTION 1. The City of Plainview Code of Ordinances, Chapter 1, Article 1.13,
Division 6, Skate Park Rules is hereby created as follows:
DIVISION 6.
PLAINVIEW SKATE PARK
Sec. 1.13.150. Definitions
For the purposes of this Article, the following terms, phrases, words and their
derivations shall have the meaning given herein. When not inconsistent with the context,
words used in the present tense include the future, words in the plural number include the
singular and words in the singular number include the plural. The word "shall" is always
mandatory and not merely directory.
Helmet: A head covering certified to an appropriate safety standard. For example,
a person riding a bicycle should wear a CPSC-certified helmet, and a skateboarder or in-
line skater should wear an ASTM certified helmet.
Skate Park: The shaped and flat concreted areas in Lloyd C. Woods Park,
specifically designated by the City Council and identified by signage as a skate park, built
for the purpose of skateboarding, skating, in-line skating, roller skating, roller blading,
hockey, in-line hockey or BMX bicycles without pegs.
Outside Obstacle: Any ride feature not part of the permanent, concrete Skate
Park, including, but not limited to, portable or makeshift ramps.
Reckless Behavior. A person acts recklessly with respect to his conduct or the
results of his conduct when he is aware of but consciously disregards a substantial or
unjustifiable risk of injury to any person or damage to any property.
Sec. 1.13.151. Signs. Signs designating an area as Skate Park must be conspicuously
posted at different points at the site. The Skate Park sign wording is hereby adopted and
incorporated in this ordinance as stated in the attached Exhibit "A."
Sec. 1.13.152. Rules and Regulations Established. The City's Skate Park rules and
regulations in this article are established for the protection of the government, Skate Park
itself, and users of such Skate Park. This Division is specifically designated for the Skate
Park. All other rules, duties, fees, and procedures of Article 1.13, Parks and Recreation,
also applies to this Division.
Sec. 1.13.153. Closing of Skate Park during Certain Hours.
(a) The Skate Park shall be closed every day from 10:00 p.m. to 8:00 a.m. and
any time when signage is posted closing the Skate Park for cleaning and
maintenance.
(b) The Skate Park shall also be closed when it is raining, snowing or the
skating area is wet or icy.
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(c) Graffiti and/or vandalism of the Skate Park area will result in closure of the
Skate Park for repairs.
(d) 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 Park Superintendent grants such exception for the specific activity
as not creating a disturbance or public nuisance, then the Park
Superintendent may impose reasonable restrictions and duties on the
person requesting an exception for such specific activity.
Sec. 1.13.154. Skate Park Rules and Regulations.
The following rules and regulations shall apply specifically to the Skate Park:
(a) WARNING! Play at your own risk. Skating and biking can be hazardous
activities.
(b) The Skate Park is designed for skateboards, skates, in-line skates, roller
skates, roller blades, hockey, in-line hockey or BMX bicycles without pegs;
(c) Safety first --Protective personal equipment (helmet, elbow and knee pads,
wrist and ankle protection) is strongly recommended at all times. Proper
shoes (closed toed) must be worn at all times in the Skate Park.
(d) The Skate Park facility should be used as designed. Modifications to the
surface or features are strictly prohibited. No personal ramps, rails or
outside obstacles are permitted.
(e) Motorized vehicles are prohibited.
(f) Only one person shall be on skateboards, skates, bikes, or any other
authorized wheeled apparatus.
(g) Only one person shall be on a bowl, rail, ramp or other obstacle at a time.
In open areas, each person shall abide by the flow and direction of the flow.
(h) Be respectful of others—No fighting or foul language.
(i) This facility is used by both experienced and inexperienced skaters and
bikers. Serious injury may result from falling, colliding or being hit by a
skateboard, skate, bicycle or any wheeled apparatus authorized in the
Skate Park. The City assumes no responsibility for injuries. SKATE
AND/OR CYCLE AT YOUR OWN RISK!
Sec. 1.13.155. Use of Skate Park by Children.
Every child under the age of ten years on the Skate Park surface must be
accompanied by an adult over seventeen 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 under
ten years of age to be on the Skate Park surface unless the child is accompanied by an
adult over seventeen years of age who is directly supervising the activities of that child.
Sec. 1.13.156. Unlawful Activities from Skate Park.
(a) Gum, food, drinks and/or glass containers are strictly prohibited in and
about the Skate Park area.
(b) No person shall possess tobacco products, alcoholic beverages or illegal
substances in or about the Skate Park.
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(c) A person is prohibited from possessing or unleashing an animal on the
Skate Park surface.
(d) Graffiti, tagging, littering, and applying stickers or other items to any area
within and about the Skate Park is prohibited.
(e) A person is prohibited from possessing or utilizing an outside obstacle on
the Skate Park surface.
(f) A person is strictly prohibited from engaging in reckless behavior.
Sec. 1.13.157. Penalties.
(a) Any person violating any of the provisions of this Division shall be deemed
guilty of a misdemeanor, and upon conviction thereof shall be fined in
accordance with City of Plainview Code of Ordinances, Section 1.01.009.
Any such violation shall constitute a separate offense on each successive
day continued.
(b) The criminal penalty provided in this section is independent of any other civil
remedy, penalty, or permit revocation which may be available for any
violation or threatened violation of any provision of this Division.
Sec. 1.13.158. Use of Skate Park.
Any person using the Skate Park:
(a) Implies consent with all conditions and regulations stated in this Division
and posted at the Skate Park.
(b) Who violates any of these rules and regulations may cause the Skate Park
user to be ejected from the facility.
(c) Assumes all risk and waives liability to the City for any injury, damage or
loss suffered while using the Skate Park.
(d) Is liable for any damage or injury that person causes to any other person or
property during the use.
SECTION 2. Severability. Severability is intended throughout and within this Article. If
any provision, including any section, paragraph, sentence, clause, phrase or word or the
application thereof to any person or circumstance is held invalid, unconstitutional, or
unenforceable by a court of law or administrative agency with jurisdiction over the matter,
such action shall not be construed to affect any other valid portion of this Ordinance. A
constitutional construction hereof is intended and shall be given. There is no intent herein
to violate either of the Texas Constitution or the Constitution of the United States.
SECTION 3. Cumulativeness. Provisions of this Ordinance are cumulative and nothing
herein shall prevent, alter, or diminish the applicability or enforcement of other ordinances
restricting, regulating, or governing the subject matter herein.
SECTION 4. Conflicts. All ordinances or portions of any ordinance of the City of
Plainview, Texas in conflict herewith, are hereby amended to conform with the provisions
hereof.
SECTION 5. Effective Date. This ordinance shall be in full force and effect upon its
passage and publication as required by law.
Ordinance No. 15-3621 Skate Park
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PASSED AND APPROVED on first reading this 9th day of July, 2015.
PASSED AND APPROVED on second reading this 14th day of July, 2015.
ATTEST:
Belinda Hinojosa, City Secr
APPROVED AS TO CONTENT:
APPROVED AS TO FORM:
1
Leslie pear, City tto nr ey
Ordinance No. 15-3621
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WENDELL DUNL P, MAYOR
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EXHIBIT "A"
WELCOME TO THE PLAINVIEW COMMUNITY SKATE PARK
Hours of Operation: 8:00 a.m. until 10:00 p.m.
WARNING
This facility does not provide supervision. Play at your own risk.
Skating and biking can be hazardous activities.
Skate Park Rules
TEXAS LAW (CHAPTER 75, CIVIL PRACTICE AND REMEDIES CODE) LIMITS THE
LIABILITY OF THE CITY DAMAGES ARISING DIRECTLY FROM HOCKEY, IN-LINE
HOCKEY, SKATING, IN-LINE SKATING, ROLLER SKATING, SKATEBOARDING,
ROLLERBLADING, PAINTBALL USE, SOAP BOX DERBY USE, OR BICYCLING
ACTIVITIES ON PREMISES THAT THE CITY OWNS, OPERATES OR MAINTAINS
FOR THAT PURPOSE.
• The Skate Park is designed for skateboards, skates, in-line skates, roller skates, roller
blades, hockey, in-line hockey or BMX bicycles without pegs.
• Safety first --Protective personal equipment (helmet, elbow and knee pads, wrist and
ankle protection) is strongly recommended at all times. Proper shoes (closed toed) must
be worn at all time.
• Adult supervision for skaters or bikers under 10 years of age is required. The Skate
Park is to be used as designed. Modifications to the surface or features are strictly
prohibited. No personal ramps, rails or obstacles are permitted.
• Motorized vehicles are prohibited.
• Only one person shall be on skateboards, skates, bikes, or any other authorized
wheeled apparatus.
• Only one person shall be on a bowl, rail, ramp or other obstacle at a time. In open
spaces, each person shall abide by the flow and direction of the flow.
• Be respectful of others—No fighting or foul language.
• Graffiti, tagging, littering, stickers or other items are not allowed in the Park area.
• Gum, food, drinks and/or glass containers are strictly prohibited in and about the Park.
• Tobacco products, alcoholic beverages, and illegal substances are strictly prohibited.
• For emergencies, call 9-1-1.
• To report damage, please call (806) 296-1100.
• A violator of these rules may be ejected from the Park area.
• This facility is used by both experienced and inexperienced skaters and bikers.
Serious injury may result from falling, colliding or being hit by a skateboard,
skate, bicycle or any wheeled apparatus authorized in the Skate Park. The City
assumes no responsibility for injuries. SKATE AND/OR CYCLE AT YOUR OWN
RISK!
Help take care of your park
Have fun, be safe, and respect fellow skaters and bicyclists.
Ordinance No. 2015-3621
Ordinance No. 15-3621
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