HomeMy WebLinkAboutO-2208 - Adds Ch. 11.06, skateboarding/in-line skating in Comeford Park (11.06)/-In-7k•.
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CITY OF MARYSVILLE
Marysville,Washington
ORDINANCE NO. 2 'l.O8"
AN ORDINANCE OF THE CITY OF MARYSVILLE,WASHINGTON
RELATING TO SKATEBOARDING AND IN-LINE SKATING AT COMEFORD
PARK,ADDING A NEW CHAPTER 11.06 TO MARYSVILLE MUNICIPAL
CODE TITLE 11 (TRAFFIC CODE).
WHEREAS,in recent years the riding of skateboards and
use of in-line skates have become an increasingly frequent
occurrence in downtown Marysville,particularly in and about
Comeford Park and the Ken Baxter Senior Community Center;and
WHEREAS,the City of Marysville has been contacted by
concerned citizens,users of the Senior Center facility
located at Come ford Park and City Staff,complaining that
skateboards and in-line skates have not been used or operated
with care,and the safety of the public is thereby
threatened;and
WHEREAS,the City Council of the City of Marysville has
determined that damage is being done to park facilities,
equipment,furnishings and landscaping at Comeford Park by
the acrobatic use of skateboards and in-line skates;and
WHEREAS,the potential danger to the public and the
apprehension by pedestrians and,particularly,citizens who
use the Ken Baxter Senior Community Center is such that it
would be reasonable and appropriate for the public safety and
well being to prohibit the riding of skateboards and use of
in-line skates in Come ford Park;
NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF
MARYSVILLE,WASHINGTON DO ORDAIN AS FOLLOWS:
Section 1.A new chapter 11.06 is hereby added to Title
11 of the Marysville Municipal Code (Traffic Code)to be
entitled "Skateboarding/In-Line Skating in Come ford Park."
Section 2.Riding skateboard/use of in-line skates in
Comeford Park.
a.It is unlawful for any person to ride a
skateboard or use in-line skates within Come ford Park,
the City Senior Community Center within Come ford Park,
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the parking lot and immediate public sidewalks
surrounding Comeford Park in the City of Marysville.
Section 3.Penalties.
a.Violation of any of the provisions of Section
2 of this ordinance is a traffic offense,whether or not
the act at issue occurs upon a roadway,and shall be
punished as follows:
i.First Offense.It is a traffic
infraction for any person to violate Section 2 of
this ordinance,and shall be punished by a fine of
$25.00 (to include all costs and assessments).
This fine shall not be suspended or deferred,but
the court may authorize community service in lieu
of all or a part of this fine.
ii.Second Offense.Every person who
violates Section 2 of this ordinance a second time
within a five (5)year period shall be guilty of a
traffic infraction,punishable by a fine of not
less than $50 (to include all costs and
assessments).This fine shall not be suspended or
deferred,but the court may authorize community
service in lieu of all or a part of this fine.
iii.Third or Subseauent Offense.Every
person who violates Section 2 of this ordinance a
third or more times within a five (5)year period
shall be guilty of a traffic infraction punishable
by a fine of not less than $100 nor more than
$1,000.One hundred dollars of the fine shall not
be suspended or deferred,but the court may
authorize community service in lieu of all or a
part of the fine.
Section 4.Severability.Should any section,
subsection,paragraph,sentence,clause or phrase of this
ordinance or its application to any person or situation be
declared unconstitutional or invalid for any reason,such
decision shall not affect the validity of the remaining
portions of this ordinance or its application to any other
person or situation.The City Council of the City of
Marysville hereby declares that it would have adopted this
ordinance and each section,subsection,sentence,clause,
phrase or portion thereof irrespective of the fact that any
one or more sections,subsections,clauses,phrases or
portions be declared invalid or unconstitutional.
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by the Mayor
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Section 5.Third Party Liability.It is expressly the
purpose of this ordinance to provide for and promote the
health,safety and welfare of the general public and not to
create or otherwise establish or designate any particular
class or group of persons who will or should be especially
protected or benefited by the terms of this ordinance.
It is the specific intent of this ordinance that no
provisions nor any term used in this ordinance is intended to
~mpose any duty whatsoever upon the City or any of its
officers or employees,for whom the implementation and
enforcement of this ordinance shall be discretionary and not
mandatory.
Nothing contained in this ordinance is intended nor
shall be construed to create or form the basis of any
liability on the part of the City,or its officer,s employees
or agents,for any injury or damage resulting from any action
or inaction on the part of the City related in any manner to
the enforcement of this ordinance by its officers,employees
or agents.
Section 6.Savings.The enactments of this ordinance
shall not affect any case,proceeding,appeal or other matter
currently pending in any court or in any way modify any right
or liability,civil or criminal,which may be in existence on
the effective date of this ordinance.
PASSED by the City youncil and APPROVED
this S~day of OcbiJer r 1998.
CITY OF MARYSVILLE
MAYOR
ATTEST:
B~~CLER'
Approved as to form:
By~0"..#cQ
,CITY ATTORNEY
Date of Publication:/o//y/1J"
Effective Date (5 days after publication):
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