(A) Definitions. For purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
HAZARDOUS RECREATIONAL ACTIVITY. Skateboarding, inline skating or freestyle bicycling.
INHERENT RISK. Those dangers or conditions that are characteristic of, intrinsic to or an integral part of skateboarding, inline skating and freestyle bicycling.
SKATEBOARD PARK. An area or facility, whether or indoor or outdoor, legally operating within the town, whether owned and/or operated by a private entity or by a governmental entity, as that term is defined in G.S. § 99E-22(1), which is designed and maintained for persons to engage in hazardous recreational activities, as above defined.
(B) Duties of non-governmental operators of skateboard parks.
(1) No operator of a skateboard park shall permit any person to engage in a hazardous recreational activity unless that person is wearing a helmet, elbow pads and kneepads.
(2) The operator of a skateboard park operated by a non-governmental entity must have an employee present and on-duty during all hours of operation who is trained in first aid and certified to administer cardiopulmonary resuscitation (CPR). Hours of operation must be prominently displayed and the operator must secure the park during off-hours so as to prevent its use when an attendant is not present.
(3) The operator of a skateboard park operated by a non-governmental entity must post signs in plan view at the skateboard park advising any person wishing to engage in or engaging in a hazardous recreational activity of the requirement that any person engaging in a hazardous recreational activity must wear a helmet, elbow pads and kneepads.
(C) Duties of governmental entities operating skateboard parks.
(1) No governmental entity operating a skateboard park shall permit any person to engage in a hazardous recreational activity unless that person is wearing a helmet, elbow pads and kneepads.
(2) A governmental entity shall either have an employee present and on-duty during all hours of operation of a skateboard park or, if the use of the skateboard park is not supervised on a regular basis, must post signs at the skateboard park affording reasonable notice that any person engaging in a hazardous recreational activity in the facility must wear a helmet, elbow pads and kneepads and that any person failing to do so will be subject to citation by the town.
(D) Duties of persons engaged in hazardous recreational activities.
(1) Any person who participates in or assists in hazardous recreational activities operated by a governmental entity assumes the inherent risks in these activities, irrespective of age and is legally responsible for all damages, injury or death to himself or herself or other persons or property that result from these activities.
(2) No person may participate in a hazardous recreational activity or allow another person who is in his or her custody or control to engage in a hazardous recreational activity unless the participant wears a helmet, elbow pads and knee pads.
(3) While engaged in a hazardous recreational activity, a person must act within the limits of his or her ability and the purpose and design of the equipment used, must maintain control of his or her person and the equipment used and must refrain from acting in any manner that may cause or contribute to death or injury to himself or herself or to other persons.
(E) Limitation. Nothing herein shall authorize the use of any facility or area for hazardous recreational activities, nor shall anything herein authorize a person to engage in a hazardous recreational activity, except in a facility properly designed, maintained and permitted for that purpose.
(Prior Code, § 102.02) (Ord. passed 5-18-2006; 6-19-2018) Penalty, see § 100.99