THE CITY COUNCIL OF THE CITY OF SUNNYVALE DOES ORDAIN AS FOLLOWS:

        SECTION 1. SECTION 9.62.075 ADDED. Section 9.62.075 is hereby added to the Sunnyvale Municipal Code to read as follows:

(a) A "skatepark" is a public facility that is designed for use by persons riding skateboards, in-line skates, or roller skates, and which is designated a "skatepark" by the director of parks and recreation.

(b) No person in a skatepark shall:

(1) Ride a skateboard, in-line skates or roller skates unless that person is wearing a helmet, elbow pads, and knee pads;

(2) If under the age of 14, enter or use the skatepark unless accompanied by a parent or adult guardian;

(3) Ride, operate, or utilize any device other than a skateboard, in-line skates or roller skates (prohibited devices include, but are not limited to, bicycles, scooters and any motorized device whether electric or gas powered);

(4) Use, consume, or possess food, beverages, glass bottles, or any breakable glass item on the skating surface;

(5) Place or utilize additional obstacles or other materials (including but not limited to ramps or jumps);

(6) Engage in reckless behavior (including, but not limited to, tandem riding, pushing, horseplay, and bullying), or any other activity that could endanger the safety of persons using the skate facility or spectators;

(7) Enter the skatepark at any time except during the posted hours of operation and when the facility usage sign says "open" and the gate is unlocked.

(8) Bring in any pets or other animals.

(c) The director of parks and recreation shall erect and maintain visible signs at all skateparks which shall afford notice that any person skating in the facility must wear a helmet, elbow pads, and knee pads, and that any person failing to do so will be subject to citation under Section 1.04.010 of this code.

    SECTION 2. EXEMPTION FROM CEQA. The City Council finds, pursuant to Title 14 of the California Code of Regulations, Section 15061(b)(3), that this ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) in that it is not a Project which has the potential for causing a significant effect on the environment. The Council therefore directs that a Notice of Exemption be filed with the Santa Clara County Clerk in accordance with Section 14 of the Sunnyvale Guidelines for the implementation of CEQA adopted by Resolution No. 193-86.

    SECTION 3. EFFECTIVE DATE. This ordinance shall be in full force and effect thirty (30) days from and after the date of its adoption.

    SECTION 4. POSTING AND PUBLICATION. The City Clerk is directed to cause copies of this ordinance to be posted in three (3) prominent places in the City of Sunnyvale and to cause publication once in The Sun, the official newspaper of the City of Sunnyvale, of a notice setting forth the date of adoption, the title of this ordinance, and a list of places where copies of this ordinance are posted, within fifteen (15) days after adoption of this ordinance.

    Introduced at a regular meeting of the City Council held , 2003, and adopted as an ordinance of the City of Sunnyvale at a regular meeting of the City Council held on _____________________, 2003, by the following vote:

AYES:
NOES:
ABSENT: