For the purpose of this chapter the following requirements are hereby made of all individuals utilizing the facility at Conrad Park, which is specifically dedicated for skateboard, roller blade, and/or roller skate users; and also shall be referred to herein as the "Skate Facility at Conrad Park".
(a) Every person riding a skateboard or wearing roller blades or roller skate devices at the facility shall first obtain a "users permit" through the Waterville Police Department. Said permit shall be in the form of an identification card and will be available at the Waterville Police Station, Monday through Friday, 9:00 a.m. through 4:30 p.m. and/or whatever other times deemed appropriate by the Chief of Police or his agent. The identification will have the full name, date of birth, social security number, the individual’s signature, and an authorizing signature from an appropriate City official.
(1) The "users permit"/identification card must be present to gain access and/or use said Skate Facility at Conrad Park in any way; and must be worn on the exterior of the user's body at all times so as to be easily recognizable. However, said identification card shall not be worn as a necklace style attachment.
(2) The Municipal Administrator may, at his discretion, establish and charge a "membership fee" to offset costs associated with the processing of said "users permits"/identification cards. Said fees shall be established in such a manner as to recognize and distinguish between residents and non-residents of the City.
(b) As a condition of acquiring said "users permit"/identification card, a waiver of liability must be executed by each permittee, holding the City of Waterville harmless for any and all potential injuries and/or damages relative to the use of Skate Facility at Conrad Park. For any permittee under eighteen years of age, a parent or legal guardian must execute said waiver of liability on their behalf.
(1) The waiver of liability must be executed in person; witnessed by and in the presence of the appropriate Waterville Police Department official. Said waiver shall include an acknowledgment on the part of the permittee's parent or legal guardian that they are fully aware of the inherent dangers of this activity and that they agree to allow their child to participate in same.
(c) All permittees shall wear appropriate safety equipment when utilizing the Skate Facility at Conrad Park. All permittees must acknowledge this fact to receive a "users permit"/identification card. At a minimum, permittees are required to wear helmets, gloves or hand pads, kneepads, and shoes (no bare feet).
(1) Failure to wear proper safety equipment may result in immediate removal from the facility until compliance has been obtained.
(d) The Municipal Administrator shall establish and maintain routine hours of operation for the Skate Facility at Conrad Park. The Waterville Police Department shall have primary responsibility for monitoring said hours of operation; and will lock and unlock the facility accordingly.
(1) The City of Waterville and/or Waterville Police Department reserve the right to close the facility to all users at any time it deems appropriate to preserve the health, safety, and welfare of its citizens.
(e) No alcoholic beverages and/or glass containers shall be allowed in or around the Skate Facility at Conrad Park.
(f) Each "users permit"/identification card is to be issued to, and utilized by, the single individual as identified on said permit/card. No person shall utilize or attempt to utilize a "users permit"/identification card of another person for the purposes contained herein.
(1) Any individual found to have utilized said permit/card of another person to gain access to the Skate Facility at Conrad Park as described herein may be temporarily and/or permanently enjoined from utilizing or gaining access to said facility in the future.
(2) Any individual who knowingly allows any other person to utilize his or her permit/card to gain access to the Skate Facility at Conrad Park as described herein may also be temporarily and/or permanently enjoined from utilizing or gaining access to said facility in the future.
(g) Failure to comply with any and all requirements contained in this section may result in the suspension and/or permanent revocation of said "users permit"/identification card, which will eliminate permittee's right to utilize the Skate Facility at Conrad Park. Furthermore, the City of Waterville reserves the right to suspend and/or revoke said "users permit"/identification card at any time for just cause and to preserve the general health, safety, and welfare of its citizens.
(1) Any complaint alleging failure to comply with the rules and regulations of the Skate Facility at Conrad Park that may result in the revocation of an individual's "users permit"/identification card, shall be made in writing and submitted to the Municipal Administrator.
(2) Said complaint may be submitted by any police officer, member of City staff, resident, and/or visitor to Waterville; and said written complaint must include specific data as to the alleged violation.
(3) Upon receipt of the complaint, the Municipal Administrator shall conduct whatever investigation deemed necessary to adequately ascertain the appropriate information relative to the allegation(s).
(4) Within three working days of receipt of said complaint, the Municipal Administrator shall notify the permittee named in the complaint of pending action on same. In the case of a complaint against a permittee under eighteen years of age, said notification Section shall be given to both the permittee and their parent/legal guardian as listed in accordance with Section 376.04(b).
(5) The Municipal Administrator shall meet with the alleged violator and their parent/legal guardian, if applicable, to discuss the allegations and/or complaint, in addition to possible solutions.
(6) After said meeting, the Municipal Administrator shall make a determination on the status of the individual's "users permit" to utilize the Skate Facility at Conrad Park.
(7) Upon completion of the procedural steps described in this section, the Municipal Administrator will consider the facts relative to said complaint and determine an appropriate course of action; including but not limited to, revocation, indefinite suspension, suspension for a specified time period, continuation with conditions or specifications, or no action relative to the "users permit"/identification card as defined herein; and the decision of the Municipal Administrator shall be final.
(h) Any person or persons, through whose actions have unlawfully caused damage to any part of the Skate Facility at Conrad Park, shall reimburse the City of Waterville for all costs incurred in repairing such damage.
(i) In addition to those as stated in this section, all regulations contained in the City of Waterville Code of Ordinances, and specifically the provisions of Chapter 531 "Noise Control", shall be applicable to the Conrad Park facility for skateboard, roller blade, and/or roller skate users.
(Ord. 6-98. Passed 4-27-98.)
ACKNOWLEDGMENT AND WAIVER OF LIABILITY SKATE FACILITY AT CONRAD PARK PARTICIPANT'S FULL NAME: PARENT OR LEGAL GUARDIAN: (if under 18 years of age) HOME ADDRESS: CITY: STATE: ZIP: PARTICIPANT'S DATE OF BIRTH: PARTICIPANT'S SOCIAL SECURITY NUMBER: I, , hereby acknowledge that there are inherent dangers associated and accompanied with activities relating to the utilization of the City of Waterville Conrad Park facility for skateboard, roller blade, and/or roller skate users as described in Chapter 376
of the Waterville Code of Ordinances, and that my son, daughter, and/or ward may be injured as a result of an accident arising out of this activity. To the fullest extent permitted by law, I for and in behalf of my minor child or ward, his/her and/or my heirs, executors, and administrators, agree to defend, pay in behalf of, and hold harmless the City of Waterville against any and all claims, demands, suits, losses, including all costs connected therewith, for any damage which may be asserted, claimed, or recovered against or from the City of Waterville, if elected or appointed officials, employees, volunteers, or all others working in behalf of the City of Waterville by reason of personal injury, including bodily injury and death; and/or property damage, including loss of use thereof, which arises out of the alleged negligence of the City of Waterville and/or in any way connected or associated with use of the City of Waterville Conrad Park facility for skateboard, roller blade, and/or roller skate users. I, , hereby acknowledge these are dangers and responsibilities and allow to participate in this activity. Furthermore, I and/or my minor child or ward, have read and understand, and agree to abide by the specific provisions of Chapter 376 of the City of Waterville Code of Ordinances, detailing rules and regulations of the Conrad Park facility for skateboard, roller blade, and/or roller skate users; and I/we have been provided a copy of same. PARTICIPANT: DATE: PARENT/GUARDIAN: DATE: PARENT/GUARDIAN: DATE: WITNESS: DATE:
(Authorized City of Waterville Representative) |