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HomeMy WebLinkAbout1999 08 16 Informational Item C Date: 08161999 The following Item was addressed at the Meeting held on 08/16/1999 which was a continuation of Meeting 8/9/1999. " COMMISSION AGENDA ITEM C CONSENT IN FORMA TIONAL X PUBLIC HEARING REGULAR 8/9/99 Meeting MGR7lw ~ /DEPT c G? , Authorization REQUEST: The City Manager and the Parks and Recreation Department is providing the City Commission current information regarding skate park/court facilities for public use. PURPOSE: The purpose of this informational'item is to give the City Commission information so that they may consider offering this type of facility to the public in the future. ISSUE ANALYSIS: · The Florida Legislature this year passed legislation to encourage governments to make land available for skateboarding, in-line skating, and free style bicycling and that no government entity or public employee shall be liable to any person who voluntarily participates for any damage or injury which arises out of a persons participation in such activity and which takes place in an area designed for such activity. · The discussion, planning and construction of skate parks/courts by cities is increasing due to public need and demand. . Staff visited two (2) city owned and operated facilities that were constructed within one (1) year: 1. City of Satellite Beach-totally supervised, controlled and regulated. 2. City of Ormond Beach-open and unsupervised. 1 Commission Agenda Item August 9, 1999 Skate Parks/Courts . Wood, plastic or asphalt jumps and ramps have many problems in Florida due to the weather and extensive maintenance. A concrete court of an approximate size of 100 feet x 100 feet has an estimated cost of $150,000.00-$200,000.00 for design, engineering and construction. . One of the top skate facility designers and builders is local (Tim Payne Enterprises, Inc.). It is very difficult to obtain experienced design, engineering and construction firms because construction of skate facilities is not yet wide spread. · Possible location of a skate court facility could be at Trotwood Park. A thorough analysis of the site by a consultant is needed to see where and if a skate court would blend into the current masterplan. RECOMMENDA TION: Staff recommends that the City Commission discusses skate parks/courts and further directs the City Manager regarding the future offering of this type of facility. IMPLEMENTATION SCHEDULE: N/A ATTACHMENTS: Attachment #l-Copy of memorandum from City Attorney to City Manager concerning HB 19/5kateboard Bill. Attachment #2-Copy of letter and information from League of Cities regarding insurance coverage. Attachment #3-Article from National Parks and Recreation Magazine-July 1997. Attachment #4-Copy of an Information Guide to Creating a City or Private Skate Park. Attachment #5-Satellite Beach Skate Park Information. Attachment #6-0rmond Beach Skate Court Information. 2 /,W,. , -" ATTACHMENT # 1 LAW OFFICES FRANK KRUPPENBACHER) P:A. A Professional Association Frank Kruppenbachcr Robert D. Guthrie P.O. Box 3471 Orlando, Florida 32802-3471 105 E. Robinson Street, Suite 201 Orlando, Florida 32801-1622 T elcphone (407) 246-0200 Facsimile (407) 426-7767 · Also Admitted in Cclorado MEMORANDUM DATE: Mayor and Commissioners City Manager (\)j)(, Robert D. Guthrie, City Attorn V r April 28, 1999 TO: FROM: SUBJECT: HB 19/5kateboarding Bill The attached bill relating to skateboarding, in-line skating and freestyle bicycling (collectively called "skateboarding" in this memo) passed the Florida Legislature during this session. The purpose of the bill is to encourage governmental owners or lesse:es of property make land available for skateboarding. The bill notes that many governmental agencies had n~made land available for skateboarding activities because of exposure to liability from lawsuits, and the high cost of or unavailability of insurance for such activities. The bill recognizes that skateboarding activities have inherent risks and dangers to those participating in the activities. To foster making lands availableJor skateboarding activities by governmental agencies, induding municipalities, HB/CS 19 provides the following relief: =No governmental agency or public employee shall be liable to any person who voluntarily participates in "skateboarding activities" as used herein, for any damage to property or injury to property or person, in areas designated for such activities (Caveat: our staff may need to stop persons skateboarding outside of designated areas if they see such activities or are made aware of such actions). =The City would need to guard against or warn participants ofa dangerous condition of which the City is aware and the participant does not or cannot reasonably foresee (this foreseeability issue will be where the future lawsuit action could be, i.e., what was foreseeable; what was reasonable; was construction of ramps proper or too steep or too high, etc., as examples only and not a definitive list of potential issues). =City still liable for gross negligence. Mayor/City CommissionerslManager Memo Skateboarding Bill April 28, 1999 Page Two =Written consent required from the parents or legal guardians of participants under 17 years of age before allowing said participant to engage in the skateboarding activities, unless the participant violated the po~ted rules relating to authorized use of the designated area; the from of the release is to.be determined by the local government (Caveat: releases and the adequacy of the language have always been a rich area of lawsuits in the tort area). =Sovereign immunity is not waived (this is probably the most important provision in the act to a City proposing to sanction skateboarding activities; but a question may be is if the sovereign immunity does not apply, are the liability limits set forth in Section 768.28, F. S., not available to the City? Hopefully, this issues is resolved by Section 316.0085(8) of the new law). The new law does not afford these protections to a private concessionaire operating a skateboard activity, even if the concessionaire has a contract to operate the facility with the City. The law declares that any participant, regardless of age assumes the inherent risks of participating in the skateboarding activities. This latter section means that a sponsoring local government is not "legally required" to eliminate these inherent risks (even if it could) and in the event of injury or death the participant "assumed" a component of the risk and the concept of contributory negligence is triggered (meaning each party {based on age lis partially liable for the injuries, including the injured party/plaintiff as determined by a jury based on the facts of the case. Conclusion. HE 19 clarifies many liability issues regarding operation of a skateboarding, in-line skating or free style bicycling facility or activity. The City should be prepared to follow the requirements of the statute outlined above very strictly to ;enjoy the benefits of the law. if the City chooses to offer skateboarding activities. Even then the risks (a few of which are listed above) inherent in these activities cannot be fully eliminated. The Florida League of Cities Trust, our insurance carrier, may offer assistance in drafting releases arid otherwise implementing this law in the near future. Cc: Interim Parks and Recreation Director Risk Manager House Bill 001ger Bouse Bill 001ger CODING: Words stfie.kefl are deletions; words underlined are additions. ENROLLED 1999 Legislature CS/CS/HB 19 1 2 An act relating to skateboarding, inline 3 skating, and freestyle bicycling; creating s. 4 316.0085, F.S.; providing legislative purpose; 5 providing definitions; providing limitations on 6 liability with respect to governmental entities 7 and public employees with respect to persons 8 who participate in skateboarding, inline 9 skating1 or freestyle bicycling on property 10 owned or leased by the governmental entity; 11 providing exceptions; providing for liability 12 of independent concessionaires or other persons 13 or organizations for certain injuries or 14 damages; providing for the assumption of 15 certain risks; providing for the effect of 16 certain insurance; providing an effective date. 17 18 Be It Enacted by the Legislature of the State of Florida: 19 20 Section 1. Section 316.0085, Florida Statutes, is 21 created to read: 22 316.0085 S}:atebGarding; i!~lj.ne 5f:cttin<;[i. fre~~~ 23 bi.cycJ.ing; defini ti:Jns; liabj.1.i~-=-= 24 JJ.J.-5 h e 2.~~_~~r..':-):5 e 0 f _ t h.i 2~~:_::"?:.~ i. ~~ i s ]:.s:~~~1 cc ~L ~ Page 1 of6 House Bill 001ger 25 governmental owners or lessees of property to make land 26 available to the public for skateboarding, inline skating, and 27 freestyle bicycling. It is recognized that governmental owners 28 or lessees of property have failed to make property available 29 for such activities because of the exposure to liability from 30 lawsuits and the prohibitive cost of insurance, if insurance 31 can be obtained for such activities. It is also recognized 1 CODING: Words 5k~~~ are deletions; words underlined are additions. ENROLLED 1999 Legislature CS/CS/HB 19 1 that risks and dangers are inherent in these activities, which 2 risks and dangers should be assumed by those participating in 3 such activities. 4 (2) As used in this section, the term: 5 (al "Governmental entity" means: 6 1. The United States, the State of Florida, any count~ 7 or municipality, or any department, agency, or other 8 instrwnentality thereof. 9 2. Any school board, special district, authority, or 10 other entity exercisinq governmental authority. 11 (b) "Inherent risk" means those dangers or conditions 12 that are charact~ristic of, intrinsic to, or an integral part 13 of skatebo~rding, i111108 skatinq, and freestyle bicycling. 14 (3) This section does not grant authority or 15 permission tcr a per~;O!1 to engage in skateboardi:lg, inl~~e 16 s}:a~_i~~S:.!.._-9r._i~e~3~.yle_ L)i..'~~/cJ_i_~..:.g. on erope~~J~_~!led or 17 co:]~~oll.e~ by ~ q0ve~n~lel1tal eI1tj.ty u!11ess such gov~1:11~er:tal 18 ~...!"~ ~ j;_~ y has ~P_~..::~.:. _~~j~ a.l ;j~-i.~.~~.1. q :} a r. ~.~ 5 iJ C h area for Page 2 of6 House Bill 001ger . 19 skateboarding, inline skating, and freestyle bicycling. 20 (4) No governmentai entity or public employee shall be 21 liable to any person who voluntarily participates in 22 skateboarding, inline skating, or freestyle bicycling for any 23 damage or injury to property or persons which arises out of a 24 person's participation in such activity, and which takes place 25 in an area designated for such activity. 26 (51 This section does not limit liability which would 27 otherwise exist for any of the following: 28 (al The failure of the governmental entity or public 29 employee to guard against or warn of a dangerous condition of 30 which a participant does not and cannot reasonably be expected 31 to have notice. 2 CODING: Words :Jtricl:cn are deletions; words underlined are additions. ENROLLED 1999 Legi~lature CS/CS/HB 19 1 (b) 2 entity or 3 injury. 4 (c) An act of gross negligence by the governmental public employee that is the proximate cause of the The failure of a governmental entity that provides 5 a designated area for skateboarding, inline skating, or 6 freestyle bicycling to obtain the written consen;, in a form 7 acceptable to the governmental entity, from the parents or 8 legal guardians of any child under 17 years of age before 9 authorizing such child to participate in skateboarding, inline 10 skating, or freestyle bicycling in such designated area, 11 ull1ess that child's participatior: is i:'! vioJ.ati011 of poste~ 12 rules qovE:~:-nin'-? t.he hours of autboriz?_~_ U5~_ of. t:J:~e d:2siqnail.:d 13 area. Page 3 of6 House Bill 00 1ger 14 15 Nothing in this subsection creates a duty of care or basis of 16 liability for death, personal injury, or damage to personal 17 property. Nothing in this section shall be deemed to be a 18 'vIal ver c.'f sovereign immunity under any circumstances. 19 (6) Nothing in this section shall limit the liability 20 of an independent conces~ionaire, or any person or 21 organization other than a governmental entity or public 22 employee, whether or not the person or organization has a 23 contractual relationship with a governmental entity to use the 24 public property, for injuries or damages suffered in any case 25 as a result, of the operation of skateboards, inline skates, or 26 freestyle bicycles on public property by the concessionaire, 27 person, or organization. 28 (7) (a) P.ny person who participates in or assists in 29 skateboarding, inline skating, or freestyle bicycling asswnes 30 the known and unknown inherent risks in these activities 31 irrespective of age, and is legallY responsible for all 3 CODING: Words :::'.:ricJ~cn are deletions; words underlined are additions. ENROLLED 1999 Legislature cs/cs/HB 19 1 damages, ~.:L~ or death to himself or herself or other 2 persc!Ds or Droperty wnlcn result from these activities. Pill)' 3 person who observes ~kateboarding, inline skating, or 4 freestyle bicycling assumes the knO~l and unknown inherent 5 r::.sL:: in these ,,~.~tivi'::ie~ i::l:'espective o~e, and is legally 6 2~_~.2.\?~~.~l?~~_!S?~_0-~t__~anla.S@~~~lr':l.!.._ (;~._~!ea. th tc\ hirnse:~: f)r 7 ~~~~~.:=l-l.~tl._:i_ cj~_l~~~~l t f~~,~~~b.~s':~_ ac ti vi t.~~~~G ~vernn'.e:1 tal Page 4 of6 'I~ ~ House Bill 001ger 8 entity which sponsors, allows, or permits skateboarding, 9 inline skating, or freestyle bicycling on its property is 10 required to eliminate, alter, or control the inherent risks in 11 these activities. 12 (h) While engaged in skateboarding, inlioe skatinQ, or 13 freestyle .bicycling, irrespective of where such activities 14 occur, a participant is responsible for doing all of the 15 following: 16 1. Acting within the limits of his or her ability and 17 the purpose and design of the equipment used. 18 2. Maintaining control of his or her person and the 19 equipment used. 20 3. Refraining from acting in any manner which may 21 cause or contribute to death or injury of himself or herself, 22 or other persons. 23 24 Failure to comply with the requirements of this paragraph 25 shall constitute negligence. 26 (8) The fact that a governmental entity carries 27 insurance which covers any act described in this section shall - 28 not constitute a waiver of the protections set forth in this 29 section, regardless of the existence or limits of such 30 coverage. 31 4 CODING: Words ~~ricj::~ are deletions; words underlined are additions. ENROLLED 1999 Legislature CS/CS/HB 19 1 Section 2. This act shall take effect upon becoming a 2 law. Page 5 of6 House Bill 001ger Page 6 of6 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 . 5 CODING: Words .:;::.~~:e-).:~f: are deletions; words underli.ned are additions. 1999 Bill Information: House Bill 0019 Page 1 of3 .' .. Florida Legislature Online Sunshine Bill By Hundreds Bill Text Staff AnalysislBill Research Vote History Citations Amendment~ H 19: Skateboarding & Inline Skating H 19 GENERAL BILL/ca/cs by Governmental Operations (PRC); Judiciary (CJC); Futch; (CO-SPONSORS) Warner; Feeney; Greenstein; Kosmas (Similar S 0058, S 0112) Skateboarding & Inline Skating; provides limitations on liability re governmental entities & public employees re persons who participate in skateboarding, inline skating, or freestyle bicycling on property owned or leased by governmental entity; provides for liability of independent concessionaires or other persons or organizations for certain injuries or damages; provides for assumption of certain risks; provides for effect of certain insurance, etc. Creates 316.0085. EFFECTIVE DATE: 04/20/1999. 11/17/98 HOUSE 11/20/98 HOUSE 12/23/98 HOUSE Prefiled Referred to Judiciary (CJC); Governmental Operations (PRC) On Committee agenda-- Judiciary (CJC) , 01/06/99, 9:00 am, Morris Hall 01/06/99 HOUSE Comm. Action: Unanimously CS by Judiciary (CJC) 01/20/99 HOUSE Pending review of CS under Rule 113; Now in Governmental Operations (PRC) 02/05/99 HOUSE On Committee agenda-- Governmental Operations (PRC) , 02/17/99, 3:15 pm, 317C 02/17/99 HOUSE Comm. Action:-Unanimously CS/CS by Governmental Operations (PRC) 02/26/99 HOUSE Pending review of CS under Rule 113 03/02/99 HOUSE Introduced, referred to Judiciary (CJC); Governmental Operations (PRC) -HJ 00021; On Committee agenda-- Judiciary (CJC), 01/06/99, 9:00 am, Morris Hall; Comm. Action: Unanimously CS by Judiciary (CJC) -HJ 00101; CS read first time on 03/02/99 -HJ 00091; Pending review of CS under Rule 113; Now in Governmental Operations (PRC) -HJ 00101; On Committee agenda-- Governmental Operations (PRC), 02/17/99, 3:15 pm, 317C; Comm. Action:-Unanimously CS/CS by Governmental Operations (PRC) -HJ 00105; CS read first on 03/02/99 -HJ 00091; Pending review of CS under Rule Placed on calendar, available for General Calendar -HJ 03/16/99 HOUSE Placed on Special Order Calendar; Read second time -HJ 03/17/99 HOUSE Read third time -HJ 00321; CS passed; YEAS 113 NAYS -HJ 00322 03/24/99 SENATE In Messages 03/30/99 SENATE Received, referred to Comprehensive Planning, Local and Military Affairs; Governmental Oversight and Productivity; Fiscal Policy -SJ 00423; Withdrawn from Comprehensive Planning, Local and Military Affairs; Governmental Oversight and Productivity; Fiscal Policy -SJ 00382; Substituted for SB 112 -SJ 00382; Read second time -SJ 00382 04/06/99 SENATE Read third time -SJ 00429; CS passed; YEAS 36 NAYS 0 -SJ 00429 04/07/99 HOUSE Ordered enrolled -HJ 00543 04/13/99 Signed by Officers and presented to Governor -HJ 00583 time 113; 00105 00293 o http://www.leg.state.fl.uslsession/1999/billinfo.cfin?billnum=OO 19 4/28/99 1999 Bill Information: House Bill 0019 Page 2 of3 ~ 04/20/99 Approved by Governor; Chapter No. 99-133 -HJ 00753 --------------------------------------------------------------------------- BILL TEXT: (Top) hb0019(View As:HTML,As Printed) hb0019c1(View As:HTML,As Printed) hb0019c2(View As:HTML,As Printed) hb001ger(View As:HTML,As Printed) --------------------------------------------------------------------------- AMENDMENTS: (Top) NO AMENDMENTS AVAILABLE --------------------------------------------------------------------------- STAFF ANALYSIS: (Top) HB0019 by Jud(View As: As Printed) HB0019S1 by GO(View As: As Printed) HB0019S1 by Jud(View As: As Printed) HB0019S2 by GO(View As: As Printed) --------------------------------------------------------------------------- VOTE HISTORY: (Top) 03/17/99 HOUSE: HB0019 Rollcall: 0005 04/06/99 SENATE: HB0019 Rollcall: 0005 --------------------------------------------------------------------------- STATUTE CITATIONS: (Top) 0316.0085 --------------------------------------------------------------------------- CONSTITUTION CITATIONS: NO CONSTITUTION CITATIONS FOUND FOR REQUESTED BILL. --------------------------------------------------------------------------- Bill By Hundreds Back to Online Sunshine http://www.leg.state.f1.uslsession/1999/billinfo.cfin?billnurn=0019 4/28/99 1999 Bill Information: House Bill 0019 Page 3 of3 http://www.1eg.state.fl.uslsessionlI999/billinfo.cfm?billnum=00 19 4/28/99 \. House Bill 0019er House Bill 001ger CODING: Words ~tri(,k('h are deletions; words underlined are additions. ENROLLED 1999 Legislature CS/CS/HB 19 1 2 3 4 5 6 7 8 9 An act relating to skateboarding, inline skating, and freestyle bicycling; creating s. 316.0085, F.S.; providing legislative purpose; providing definitions; providing limitations on liability with respect to governmental entities and public employees with respect to persons who participate in skateboarding, inline skating, or freestyle bicycling on property owned or leased by the governmental entity; providing except~ons; providing for liability of independent concessionaires or other persons or organizations for certain injuries or damages; providing for the assumption of certain risks; providing for the effect of certain insurance; providing an effective date. 10 11 12 13 14 15 16 17 18 Be It Enacted by the Legislature of the State of Florida: . 19 20 Section 1. Section 316.0085, Florida Statutes, is 21 created to read: 22 316.0085 Skateboardinq; inline skatinq; freestyle httn:/ /w\\'V\'.l eQ: .state. fl. us/citizen/documents/statutes/1998/ Page 1 of7 4/2 7/99 , House Bill 001ger 23 bicyclinq; definitions; liability.-- 24 (1) The purpose of this section is to encouraqe 25 qovernmental owners or lessees of property to make land 26 available to the public for skateboardinq, inline skatinq, and 27 freestyle bicyclinq. It is recoqnized that qovernmental owners 28 or lessees of property have failed to make property available 29 for such activities because of the exposure to liability from 30 lawsuits and the prohibitive cost of insurance, if insurance 31 can be obtained for such activities. It is also recoqnized 1 CODING: Words etric][efl are deletions; words underlined are additions. ENROLLED 1999 Legislature es/eS/HB 19 1 that risks and danqers are inherent in these activities, which 2 risks and danqers should be assumed by those participatinq in 3 such activities. 4 5 6 (2) As used in this section, the term: (a) "Governmental entity" means: 1. The United States, the State of Florida, any county 7 or municipality, or any department, aqency, or other 8 instrumentality thereof.. 9 2; Any school board, special district, authority, or 10 other entity exercisinq qovernmental authority. 11 (bl "Inherent risk" means those danqers or conditions 12 that are characteristic of, intrinsic to, or an inteqral part 13 of skateboardinq, inline skatinq, and freestyle bicyclinq. 14 (31 This section does not qrant authority or httn:/ /wv.'W .1eg.state.fl. us/citizen/docurnents/statutes/1998/ Page 2 of7 4/27/99 , House Bill 001ger 15 permission for a person to enqaqe in skateboardinq, inline 16 skatinq, or freestyle bicyclinq on property owned or 17 controlled by a qovernmental entity unless such qovernmental 18 entity has specifically desiqnated such area for 19 skateboardinq, inline skatinq, and freestyle bicyclinq. 20 (4) No qovernmental entity or public employee shall be 21 liable to any person who voluntarily participates in 22 skateboardinq, inline skatinq, or freestyle bicyclinq for any 23 damaqe or in;urv to property or persons which arises out of a 24 person's participation in such activity, and which takes place 25 in an area desiqnated for such activity. 26 (5) This section does not limit liability which would 27 otherwise exist for any of the followinq: 28 (a) The failure of the qovernmental entity or public 29 employee to quard aqainst or warn of a danqerous condition of 30 which a participant does not and cannot reasonably be exPected 31 to have notice. 2 CODING: Words BtrickcR are deletions; words underlined are additions. ENROLLED 1999 Legislature CS/CS/HB 19 1 (b) An act of qross neqliqence by the qovernmental 2 entity or public employee that is the proximate cause of the 3 in;ury. 4 (c) The failure of a qovernmental entity that provides 5 a desiqnated area for skateboardinq, inline skatinq, or 6 freestyle bicyclinq to obtain the written consent, in a form htt1J:/ /www.leg.state.fl.us/citizenldocurnents/statutes/1998/ Page 3 of7 4/27/99 , House Bill 001ger 7 acceptable to the qovernmental entity, from the parents or 8 leqal quardians of any child under 17 years of aqe before 9 authorizinq such child to participate in skateboardinq, inline 10 skatinq, or freestyle bicyclinq in such desiqnated area, 11 unless that child's participation is in violation of posted 12 rules qoverninq the hour-s of authorized use of the desiqnated 13 area. 14 15 Nothinq in this subsection creates a duty of care or basis of 16 liability for death, personal iniury, or damaqe to personal 17 property. Nothinq in this section shall be deemed to be a 18 waiver of sovereiqn immunity under any circumstances. 19 (6) Nothinq in this section shall limit the liability 20 of an independent concessionaire, or any person or 21 orqanization other than a qovernmental entity or public 22 employee, whether or not the person or orqanization has a 23 contractual relationship with a qovernmental entity to use the 24 public property, for iniuries or damaqes suffered in any case 25 as a result of the operation of skateboards, inline skates, or 26 freestyle bicycles on public property by the concessionaire, 27 person, or orqanization. 28 (7) (a) Any person who participates in or assists in 29 skateboardinq, inline skatinq, or freestyle bicyclinq assumes 30 the known and unknown inherent risks in these activities 31 irrespective of aqe, and is leqally responsible for all 3 CODING: Words 6tricl(~R are deletions; words underlined are additions. ENROLLED httn ://www.leg.state.fl.us/citizenldocuments/statutes/1998/ Page 4 of7 4/27/99 House Bill 001ger 1999 Legislature CS/CS/HB 19 1 damaqes, iniury, or death to himself or herself or other 2 persons or property which result from these activities. Any 3 person who observes skateboardinq, inline skatinq, or 4 freestyle bicyclinq assumes the known and unknown inherent 5 risks in these activities irrespective of aqe, and is leqally 6 responsible for all damaqes, iniury, or death to himself or 7 herself which result from these activities. No qovernmental 8 entity which sponsors, allows, or permits skateboardinq, 9 inline skatinq, or freestyle bicyclinq on its property is 10 required to eliminate, alter, or control the inherent risks in 11 these activities. 12 (b) While enqaqed in skateboardinq, inline skatinq, or 13 freestyle bicyclinq, irrespective of where such activities 14 occur, a participant is responsible for doinq all of the 15 followinq: 16 1. Actinq within the limits of his or her ability and 17 the purpose and desiqn of the equipment used. 18 2. Maintaininq control of his or her person and the 19 equipment used. 20 3. Refraininq from actinq in any manner which may 21 cause or contribute to death or iniury of himself or herself, 22 or other persons. 23 24 Failure to comply with the requirements of this paraqraph 25 shall constitute neqliqence. 26 (8) The fact that a qovernmental entity carries 27 insurance which covers any act described in this section shall 28 not constitute a waiver of the protections set forth in this htto:/ /vvww .1eg.state.f1. us/citizen/documents/statutes/1998/ Page 5 of7 4/27/99 . House Bill 001ger 29 section. reqardless of the existence or limits of such 30 coveraqe. 31 4 CODING: Words strickeR are deletions; words underlined are additions. ENROLLED 1999 Legislature CS/CS/HB 19 1 2 law. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 '17 18 19 20 Section 2. This act shall take effect upon becoming a htto:/ /wwv..'.leg.state.f1. us/citizen/documents/statutes/1998/ Page 6 of7 4/27/99 House Bill 001ger Page 7 of7 21 22 23 24 25 26 27 28 29 30 31 5 CODING: Words etric](cfl are deletions; words underlined are additions. httn:/lwww.leg.state.fl.us/citizenldocuments/statutesI19981 4/2 7/99 ; .. ~~~'~'~~...~"~ ~_~~___~.~ .~~"_-r~-j I -- .'.'11, , , \,1 II ...~f.1 (j li ":! 'il r,l '11 'II .1 'jl 'I ,'i ,'I ;,'1 ~l ". .-' ! " . . '. " '-. I. . . .~. ci " ," ,~~ ". -",'.-- \' -' ~. '.. :, ) ,9~, 7.' ....-5.5 ~.: --. ~ - "..:'.._',,- ;. .i :,1" ;....,.....'.1.'-. i~le~':~9Y~J:~i?~.~&~:~~~~~?;t~Ptt~~,~~~: t~:.::' ':. ': . " ,are &dgiti~f1?}~af~ty.me~~tWes:t1farp<9'1,t , . .,:: '..~. Cer~inly. for anyp~k 'aIld lr~cte:~tion;'; .'<!ncI' ,r:~reati.o.ll::Ptactitio)l~r!lcan,:~r-glje~t. :', ,:e~ :;~;~(' ~~~::~::I.r::::::;':T;u~~C~~:~:},~"': ::ri~r::~=io'r~~~~~t;~=~1:~~:il:t?; park, the is~ues of safety,and,liability.ar.e", '~if~.h,eun~ ... " ~~~kpe~. Q~,'" ::~' .,/ of the greatest concern, :Hbw !lafe ist1i{~:'.' .with sport? Is this going to~ankr~Pt my,tiW} ,-glov'. with neveHnding liabijity c1lums? Ar~: .s~g:itl1ig,: there actually people wh6 know h~w tQ ",:mh'~ . SM~bY.: :':>~,<.. ....~~-. ~~('._lr'" ,;n(._l~-::;:.,~> ',"~'__LJ.- '(1., design these things? Not tp won'~, mu~;~,;':";,i~coinih(m~~~\;jna'ke;s~~~~ ...... '. . .~n~ nicipal skatepark;s can be just as safe,.(if::',j:fft~;~~1\~n(M~M~~t.r~stid9S,~PY~l1}~t; not safer) and just as IIluch funas'.iW~':,;.;:'v.i~ioiJip:r~p'.. tw.P.::l.Le~i;!1111.ttYiQy.>i,to.:fa1l. other recreational aetivitywe can 'Q:ffltr;";~.r,rlhweriy~ :.~'e~\fh.e'aiffgt~o~e b~ ..., - ,T:'.,.._-~:'r>-,.t,.:-,,:'~'..i""-=f_~~".""',"'_'~>~ '.';; , ..," .::",.' without breaking the ba~k. .' ..:1:;'..,{w.~;~Jlj~~~~,~~~g9~.~:,(f~~a(;.tli~'. '.~'*h:'"' . Accor-ding tOJimFitz~at. riek: exe~~v~'i<.. . '~.:\..:.'.. b~r'rf:..~.~.,r:r~::.~.'.~;~Pf~.,..~.m~...n';.'.tr<:\.,.. .~:", dlfector oithe International1\ssQclatiQJ;l""$(')91f,ltJi:~m:)()~ BaY."A1:~a,\<%~ et!:fS." of Skateboard Companies (lASC) ,hu.n~ '. ":~d~B;frjsi~ilii.Y.A$~trredNe,*6 . ... ,".g.,., . dreds of skateboard m~ufacturets ;Jnd'. '.l?,~n3~fJD9r.ati?p;"a.provi~~r4fi,ge~e{ companies supply American' skat~board- ~ : aJ' 'li'aJ;)liity~ild pr-0P~I'1Y In.$ur.!'lllGe,,ld. '3'0 ' ers w~th the most contemporary'equip-' . 'citi~~:~the.S~nF~~ndso'.Ba;'Aire~;'~~y$."'.' ment \lvailable, contributing to: year}; re-.., . -that l\t11~;.t~~~e:ot;'Ii;i1)il~t.y js::r~I(JlYd'a:~~,.'.'" tail sales of more than haIf a billion d~l.: .ther~:~:rit~.~\0fth~if{fi~Jf~~,ci'~~~n'~v:~:.,. lars. But for three decades, despite its;' skatep9aFd(J.i~~~,.: P'011e,O-( *l1!~1i{:H~~f~< popularity, skateboarding hashad:to fight.: ' , h,ad. any' sMteb~itciip~d<yrim'sip.e~:~h~ ' ' for rec~gnition as a practical form of', b.egillnm~:~t~~:ihs~Fabd~ :'R~o~t~~ iW: ' recreation, 1986./,.. .., ''',~~ J' \ , Perhaps the most damaging: prejudice' Fiel.'ros:aidth&t he 'wQtild'1H~~,:t~$e~,. . is the notion that skateboardingis an un". 'citiestake~(l affirmativestep'inpi;oviding: . safe sport When cbmpijred to ,other sk~tingareasjn-!llQ~;e p.tJ15lie.par~si 'ar-eM recreational activities; skateboll11d.inghas. 'that 'are ~tre~te,d. j4st, like' b~sketbil~l a smaller percentage of reported injuries . courts. One way Fierro hopes to achie,ve per participant (.49%) thatr otheract;ivj.~. this goal ista' expo'se the "twg-h€aged:I~ ties, including soccer (.93%), .b&s~ba~,:' ability;, beast'" as a myth. ih',the ,minds' of (2.25%) and basketball (1.49%); .:":'+/ the wllnformed. According to the U.S, 'Constim~rPt9d". He OFfei's som," suggestio'nstor com- uct Safety Commission (ep.sC) jof au.'Pei<! munities considering sj{ateboanlpar.ks; _1<":.;,,:.._,.,',..1,- _ - . sons treated each year for skat:ebOarCilre;;: iqC1ude skaters in the-design process; in- '.':'" "'.~. ,'.' . ," , . - , lated injuries, one-third'oftheinjurie~ar.e', v91ve professional risk ma~agers and suffered by new partieipiJhtS:~h6c~~v'e \., l<il1ds<i<ipe amhftects. during final'desig~. been skating for less.than:a"veek.Whlle. and. irt1plemeptation; and--in his o pin. ' proper safety equipment.is.:VjtH~o in~ ,- _ i~n-:-dpen. *e park oriIY.t~; ~ffr.ee 'p1~y' j~ry-and liabi1i~y-ptev:elltioi1, it i;seven,l. . 'wi1;hot1f sUJ;>€tV,:isio' , ,"'" - "",,,' .: . >. , ;,.... moreimporqrntthat.newitiders wea.r.ad.~':'.~~ . equate protective equil:)ln,entwhi1e-tttiejr;'/";~el are dev~loping balance 'an:dJbqayconttol::("":u~g~' . .. '-..:'.1;',1 :'If skills. ,.' ".Nd: ev: A '. '. . I' . ." .', _' . '. .- , ., ,: '. . '-:-' '..~"".." Even though each faciJlti. ~as i,ts. own:' . that ;sR~re.pit.k$ 'QP'. Dlsp~lIIng the Myth,. I, 56" P&R JULY 1997 ". .m$;i\lh-zWJ:r~lfollbw~l}g' t~$glTIOn"t';$:pr9y'e' j;i::\.:.:;:.~t};~~",: ~...., ~~. '!.~l. '\'," .........t', . '~.('-,1 . -~',~", .' " ,,;) . I' _ __._""'" _, ..r-,. . . ~,....'...~ ,'~'_ ~",." I :'?1:::tnat( :O\ic~n:n1i:vesiffiil~i:r:ne'e'Cis:aJ1d~;stll\'~' .'.":,~" }\':."." tf~~1'~,t;.n~::-J~'~~'~';;'~7~,~ ';;~Y;'~~ <'~~fo;~<"~';~~~;;:)':..';'~, ':;~:"":':~..: -;....~; .~, r>c;~.,~....{.\~~~ ~ ,I ::,i-'1,. na'{e ~dl1jfer.l..en trriule Sj ;facIlIties: :an (i::poliL/.~,.~.~..~.: .~,d~ :\~:l. . ;t~f:&~~~~:itf:;\~+::lH;l,'.;'?t:~D~~;t!()l>~~~{':~~~~~F~~;[{~t~;~ ': I ,.(., 'Hl".' tl".' f' "Be h ....CA.'( 'n'." . )....... " N,.. . . '.1 ,,'J I 'I ~ii{~[~€~1~~~~~~;~f~i~~i:!; . ~ tflUiftiligtdrl\:BeacfL {CA')., ,says: :th~blfte'r' i;i-.. "(:! ,;':.:,: II It,"~~'.i.!'.:~1~;;i..:..- ~"'''':I'l..'''''''' ~..._-' ",'",:",~"';':'~'. '":,",_,, ,..,,, 'ilr_:J,n<:-.:It"I' c':7"~~.j;~ffi~Q,~~;:p':~QQjN~ijg::~~a!~p.9ardill~;::!;">. ~~~X\';:; ; :fK(ctmrn~1f6i;lj:~ar~~s\';a~'passea;.i t ,~as:'':. ". r <,;,;<,"::: il! '.;<t~~~~<<~~8.lli.~di~~~,fh~~~:ii.b;b.{tlqn'~ifW~:~:! ::~.:.~;3 ;~J,:: ; fu;e"aWu:~pM~drh~ ~aflot;pdib:in'iti~s:i6t:~;' ~\l:.;,;, ':'p.\ ii, <f,,}:::-.Jl~:';A ,of\t;':~~,;';~~: ~-'.':~:. :.: )':;~.",..~'.'~~-'_<< " ',':.>. -~ -,. -.:, '~ '.-. ~~. ;"\.1..;.: '; .-,l;-tc ~ 'l"::,, : . .1;)y,er-SQJ1'e;;lflQfij1i~(th~"oi1~s,.wh:9;:pla~ :i(~~ .;'l'>.';'; ::;< 1\ /~:.:,(~" ';"1;V:: ~l~!-l~~~:'~..~A~.'''' ';. t\lf '~~:;':_1""~",-""': ::.~ :; .,~ ;-:...t_,-,. '_\ ::..~~., :: 'p'ayi!!c;.\l!aJ:~,~p}?~,t.;,,:I:tQp'~neq 'up,t)).e .op,~~.\.: . ~...'~:~ : ~t'~-' "'-".1' '.~. -.-r:. l'_~.~"-:-,? f,,_"~t-_ ::-~., ~' 'n~_'l ,- .. _' ~1" .. 1.1::' _ f '4-. ',;', '."'C"'. " _. :-'..., , ., 'p0r.:tUnilYf.fb'!WorK':Witfi'a\w.hole:new.~pop>~.;.:,.:::". ,: :;t-, l;~fJ.~'i~~~~j~?~~~I~:::t::"'~::.~\~':>.i:;:~:'.:\:' ,..';: .t:'" :;';.:. >. :':{..}~\< t~~:~,~~~l}o-*I~Fj~:~ep~rtJ1.1~Qf9yeI'~~e,~ ty.rR:~IlY.-:,~' ".:;.;.,:' " ~ ;"';,;,,'ii "."~"'5'k""';.''''~;l''k,''';'c'''Th. ..,0' 'M. ." d'''''.:' p,'" ."'.' ..: ",:'..'; .....~.... ~~~:iF;~~~~~;.~~':.~'!ct~~y;~'~;.i;: ~...::: . };!r..~,~~,'~~~.. ,. . . '.. . ~. ~~~.;..:C~K.a.t~p ~k .:qp'~. pe.d1;n!A.llgu$q~.9~"~~'t;h€;; .,<": ,\"~' .'1' t;;:ti,7.~J::'Oi'~ "':'-':+~,.~~" ~,,:.t;.;~ ",~':;';' ,~-',..,' >";.=j_ : ,,'l,:. ,'-. :;. '-, .-<" '..-' ,',. . ,:',": r ",11.~' ~.,{,..tbther,\pad{r\whlCh.1S,Jocatea,onthe cam':.:; .,"':>', '.' , '~l'::~~ ':?, ';~r\~: ''''':''''~}''~-. ~ _ ~.: ':'..., ;... .: _ - ,.~... -j <". ~"'," t' ~" . ,-';':-:::'.-.' . ',. S\:;lp'u~:/~fJWPfih.ij9.J)':B,e~<::]in\gh Sch,()ol\.. ' '.~ 1:1 . ~ :4...... .. If-;r. t,e, ' t~ '," ~~~;;.~ ~g,~~t~<i~t;~~~~:;?/al~\ ~~.J:f'~'~, t~ !l~.~'~l1d :'. I: .;~;;.-;q.?~~fl\:~~i?~t..~q~'P?9.tpb1fi!d;1'heyare,l?ot1i ' " ~~ ..bst$.eet!~style:Rarks;.wi th'coilcrete:hench: :<"y~:,';:'::?'\o~.,~~~...:\ ,.,,';.:"t-_....".'::':',~;, - ~- : :~',', ",0.--", .!' ~:'> ~,~.}'es)diilsf:tiirbs;,ahd.slhalV j'ilmps;' The,. ~t~< ;~ri:....~~.' ;~~~.;;t:.,....'~.-;I..~..,'.:r>"..: ,,';:::;" .~.' ,.-t>:. ~ :'{ ';:, '. .-, .:.:\\sl5.~cifiGal1y ;(te~}gn~d:c1)ill1el)ge~ of-the, . .};-"'ilk~t~ftatk~"'.6~Gickli 'Iu~e(l theiolt~rerL~,,;:. .' 'I ~:r~~~~tt~P&~;~~Ii;f~~~~z;~~:f[l~j~, ! .2".':ena-resu]bis ii:winjwin sitmition..inwhat .; '.; j' t:'>Mr~~~ ~~f6.r~;'tf{oughtt~ b~ a:z:~rb-stinl';-,;. /;;~'::~ati;'~:;,S~bh!;,:PQljc~~e~ee~p~nd'inllles;. :...';. ')' ' .::'::-'iitn~'~n~:'I'~~oiiices'cha~i:l{gsk~teb~ard~' . . ' . . 't :~.."',";".',.,. "'. ,..,,'.' . """. ..... r '~~~~?t;~ii~~;;;~~~~~1~~~~ ~~W~~:~i~;~':.. : .<~ ::r , '. :...~~~g9Nze4J~y. t,l)e, author.ity '~~ure.s: Itif . :\: "~:' .( ','''-~ ftiidl\'t.beeq'f9r'.the police enforcing the ' . . !' )~i:~/p'f.d~~~~~' i~}pe:~I:si: ?l~F<~;.tn~y~rk'~mp . .;.',;.' i.:l ~<~.~1f~~~tjQn;?ep'~rtmentnl.ight.n~~er: ~ave:' '~:, A: {li;;~:.'h~~~*~'d.1A~~e i9:get'jnv9Iyea;..an~th~: ~..,...,. <tJ' ~$.'kaJ~($'.iv\.:il1!~)i't:;have. ,fsaf~, .1egal"jJla~e': :' ..;j: ,.\':'...f @fi1}:" . tf~:)I~::~~~;}:'~,T>~,'..o~;,:':';~, '::: ,:. ~,~r::;c.<;i~J' 2,W;p' p~4.i 'tIi'1.)1.~tp~(~~k.atehq~r.d filiI", .' ~~~( ~'C YJlCA:11,/,."I-""'" ,,'~"_:'."~~ '\'~~'J: -,'f,.gr~:" ~~,~~.:,._.,l .'-1'\',! ....;. ',- ~':-'. ~'.d,.;, .". .."' . ;;"J ,:c.....in. ~. s"'!p. \)~itiv. e:'menla.lil~'~reallY',> ;:.~.;>....X.I ~:~~,~;.,4'~'7;;~..~~ :~.'. ;~1.;;'~(:,~' :".;"p'~~"::"":t' \(j,..'i~ -,:~,,"';'" ",,:4/~, 'f" .~ ,-~ ~ P:'.:;;....'heJ" . . Ga. ".'s.. e' :pro. vin. Ct. ~\theilHo.;oe'.' '.';.:-..".'".';':; ..'. '. '.'.'1' ,. ,,.. ,- . . ~""'l .,'", .....wlt!:l.~.. ",.' 1 '-: ",'., $ I" ;.;):.!',.,;.; ., ,. '."+;; d' ,,~,,';i':l't;~'~'" ".~ 'a: :. .;.:",!,~ -.." ,. ':,. . ;':<., ; 'l~e:,\!''?>ltQ\1,~<J.~,t:I'l~"~!f.;';.'::':;~'.;il;>~1. : )ep"rt'S~s~~Fo\Vl~r.c,:.' .. ;', j';jl 'I'\,,~I,'" " "",",',\')'~,,<\."" ','-c'. :,~" '-",: : \ , ~ .' ":.] ~f- - r. ~" . 5,7 " ~-' .:. ~ ":~.", . ';<: _'1-. .,::\r:,,-:.' _ _:: <'\t~~r' sQlI:need tQ$h9'Y.(ifftl}eir tp()~~y "aPd':a1~y:ju~t'\$1.taphk:e WdOtbl;lt~ I '~<'F()w.l~r: wehtc>h ..t~. dis~el1:'(}ther . nrls- . ~(:eptionsabout s~tepakl~.telatMhas. ~-"" .'- ).., . , ': '''. " - . ", .' . ,.-! ,,'.:. . . '.', - '. . " '~,' : '~les'.J:v.~~,lf$k~p ,al)()u~1Yllndau$m, ,he ji ) ':feplie,cJ:; ,'fWe've neyer really had any m~ ,1 .' J6tin.~JMf1ts.. TIley. pre~m1lch 'police"; , -. '," ~ _ " _ _ ,_"" ,_ " 1: , . - , - _ - , '. ' ~emS:~ly~~:~ 'Fq:wler 'crl~!) '.adds ,tllat,l. '" '~~atePilf:ks{ddu't {eqWt~ ~y ~oreatteln~ . ,ti:Qn, th"a;ri th~baseballdhnnon,d or blilo~ ..\'.:\: t6i?,.:'~,"I:' . ' ;' , .". . ~..' " ..' , ' .." .I~' tbi~ as~gJor trOl.1bl~ liability-wise? ' , .'-' --' , ~ . '. - ) ," ,- - - ,'- . ""',~' -"" . ~ ., .' ",.};~':'~',; , '~er:;Jt9sJ:er,ii~*mart!lgeifoi-~~ City of. ".';,.1 f;~~::~:. ,. ;Fj$tin~~n,J3~ch., doesn1tthit!k so. "It'$.. ,<"F b;~""\':.. ':q.ne~!!lrtiely'sPccessfu1 Program taat's' :,. :,,~ ':.;. {!~. ,'~. : . _ _ 'I" '_' '. , I, ' " - '_ _' :,::' ,:> I '~);..\;} jfF.0'yeil, t~be ~ficlaI to-Fhe communi- ",;' Ie.>;, ~;'f.,., '0/,; 'T<fl,,:dafe,.th:ere have be~nno ~liahility :" ~.!fiV ..:. '4~s i\galnst either,Of ~heskateparks. ~"'r !<~;,;" , .:EV.~h:tbbugh~oster said'tbe~were con.>:,;(' . j,"-.~ '. " '~~1 : ' . - '; ,~" - - .', _ "", ;> l,~~i"~'.".\; _'~~rng: ~t ~e~b~n~,^theclienlelere- ..:>;, . ' ';alizes tb~t1;here Is an "assumption .of ti~'~'..:'d i~tro.s:a,<::ti,,~tY... " . ..:. . ,~,':/J "'Ther,t?, ~e sign~ 11lakhlg Particl~a,nts, , '!l\tfu;ebf tp,esafetYreqpireken~pa~s,: , :h~~~ts, and~ther saiety ~quip~en1r- .': .~ven ,though ,they ~e\not stril:;tly en- .' ~ 'f6rq~d. Jl'osWr ~aid that ci\ey have not taJ<., . .. " e;i.out, al)y '(idtli'tional liability insurance '~: fdh:litlier 'park. They are covered by the , ~::-,:;,,~. 's~e~general; insurymeethat hlankets' . \ <: Hl.\nti~gton'Beac~ '; i ,,' ::''Fowler:strQnglY recommends thatoth- er,'cites \\jth puBlic sl(atirig problems take, ., .a:~io~ed()okat:city-run. skatep~ks. And' ," _.' ","C" __,-'I,,: ,,' '.,. , ..' it'lo6ks like others have; Fowler said ,that . ,:,-h~~~eJ?afilii~th~s received "hundi'e~$; I".. >.,' . ..9.fl'.'e. cj\1~S'.f:s..,.for.' W.., ormation ff.om cities in ., .' , '. allno~to€\yei'y., st~te in the country,'" :':.:( .~ \:... - ,:':' -", ' ,'. 1:,::0: ',~.a'.J Clty,MD ' :.:?'.... ",-';-.'<':.;::.' !' - t,' "J'" ',' "l1ie City .QfDcean City ,(MD) has on~ . :.~" o~e'olde~t rtitthicipal s~atepar~s in ~se. ,<~"The~O:iear.Old OceanBOWI Skatepatk . 'was, .8:]00 ;built in' re.sponse; to a police 'ot- .' : " .. r . ~ip,f1nce,. still 'in, ' effect. . banning skate- bil'arding; onstteets and sidewalks -dur., . li~~wa~~.weather month.slThe fenced-hi I ~ ',' f~dlitY;whic;:h. contains ,a; half-pipeancl " !,>'c:"<~'..S~8 ~,~~ R JULY. 1. 9,9.7 . . 'Gr'@)(@te ':,: ;:. '~f' I ~~'I r...."'., '_I.t ' '~' <'" ;.-, ,'+/. ~~ "'i, ) "1e l 3~\f"4."'",...1 1 ..... "j n : I 1,. I r ' . ~ \ ' , ". ,- ~ (I' . i ,. " I i'" , '1~'t'~1,1~ ~l.'. ',',f\>'i-...,.~.~.",l:" ,'..}J;,,~:~'''t-:..:tI ",'"'i I Ir J ,I ,,' , f r, _ ,(V ", J ",! ~,.t~'!r~r.~,.-~,):rV'.;A ':!:~~;">"':::"' ", ........}{T~~~if;~~ <:. I' 1'1 '. , j~ . I ...... I ; ..r ,,", ,,,9 t. i '. 'it. 1 ~-1-;) ~t?# ;, ~ j' . P:"" " J ;, \ I . , ~ .~~:', ~. l " ->; . ': ~~.; ~ ~ ,~. :~. ~.~;~:~;.~~~;.;.~~i /}:~~ " , . ,., , , ;' "," ,.x ,', ,"",,"," 7 'ej;i'1 .0 Hf~,d, ;,1 ,it'.' .', .., .'. .': ,:;,' :."~:.;-, .:.i,-;., .; _:'>~~.;'f~)~~~~~~ ':;. ~~1,:1 ~bt~ thou~ail4$.. 'Qf .~~ens,' ea.c;:h . sa!ej.i~e.Qt!w~~d,tL~~.~.\,l~~""af,,~~iG~\}~.~~~l} ~~ , yeat. '$he- ~6,OQU"s<l~tp;e footJaoiiitii~." '. mW)dptG;r~; 'TIPisJ1~s,genei~ted:~sdtB.Q!l~.<i~?{ii .- n . H~P:~1l~~~~ro4n~tW\th vaiyj"ng;ijOW'S.~ncl'J >'" ' 'a1 t~ven1i~;, ,mpr~a~~~i ,):faff}9" aJ1~('~t;tp~%i;J:~' ':. ;:d,aYs;~*.o~ratj()n; ~epe~aln~.~n'Jb:~ s~~~'( . ~arne.;tlhne,;J.~~.~~t'e~I:~~;~i~;~;G"~iiiifi':r.'.:; "?~~~~~~.P~;~~$kai~~~r~"f.:t~'tt~!~t~l~~lli~rt~~~ PartiP~p~ !fi~st first ,paY.~'Ye~~Yj ($20. ,;.to,lJ1?terpar~!:J[~t,~e,l1e~~;1or'~~e'.rl~~:iil~: <"~;W:/.{J for Q.C,i~sldents, $4@ f~r JlonLlttfsigepts),i', . ". SP~OQ ~)<.at~;i~:!pe;f~n}?;;ia~'ili~~N1'~~~~~~~;~'l;;~t:j~~1 ',. ~e~kiy.~$.2.Qh,(Jr d~ly.:~$1); i~~,S:CdDd\ .:: !,a~iQriS!~?I1),:t~e ~~142.'~~~~y#Jtp~:*~~.~~~~,J'j~~e~~'1 ,they. ~ustS.I~~'? h.abili~ w~ver. ;.~:th?Sr . . a0r.e7~'ye!~~~~t:~: say~,~~~t9~\>:;:.;::.H'M;3 '.1-.":'::.~17:;T.:i .' 'use.... under .1J.e 'a.ge.o'f '8 IUU.st ;L.a.v. e a ' . . .~,.. . ' '," " .",,.,,,..." "..... ".1 ,. .0; lJj ',..,. )1 " .. 'I)" '1';' ...... "M' .: ..""'" ..:.... .1'.'J... .'..i>:~..'.~.,,j~i ."p.rf~nf.!sigO' f()r~h~~.~r.d,. llsers:'nl~st c. :~. !~~, "".~'>.:.~! .:~H~:'.'; :L;;':~.~"V~'i;;?':~::'iJiA:.:'~j~/;~ ;!;,;h~~~~iMbn~f, k1~€'eMde1b.owP?ctS ~n?:.," .' ,la?:dsl:\~pe ArChit~,StlR:~RMformf1.6~~;~~ ~J:.t~~ i{! ~.:~"'~mst~ards~NR,exceptlons~ :; .~;~:: ,:,..~ha~~~sign,egi~~i~1W ,~upnu,.'s~~t~~.9,~r,d;~<~1jj;;t'~~~:~ r(:. '.' Do, 'an. these:pre~agj:i6ns ha,ye'~ 1ni~ ,. tra~ks:,thatbiire ci.irriiDtly 'iiJ\~~e;i;~ha~s~'}." ~ r~,::~Yji ~'wCt.oJlsllietY?"A.JjsbIl1t~ly/; says '$u5<m . .wdrMng With cities: '0n 'fJ..n:0tb~1'''20t "m~ :., ,~; ..~y/>i ~tWet1tfj~ :Ote~eity'~<lsSlst~1 cliFeQ~Qr 'E>.f: . :,:.$aySfbat t]i.e::9~~t.exjjl~qafib1Ji~or\tli~~~;'::::-~': ::~::~i':~j { ; gecreationarid tai-Rs,'1fueinjwy j;ate"h~' c~t ei~j~slo.riip:.pujjf{c 'skati~gJ~Gilitli~s,.Jf:!..~.' ~:':Tv:l ;,-'b~n,s~ll1J~siriglrIO~;" GiWorO~e~:Clty ',' J~,d~~~~~e;~~Ptlhtci~9.f<~i'qn;~~':t~a,r"~l~;::d: .'/;li{:i : .RIsk Managett Ralph 'Stittjs <l,ulaktp add. ~ 'telJd,~.~~~t< ;'~ "'''~':'} '::', '~o~'~:::':-".:'i(~' , . that there '~av~.,bee.n no Jiabili~' eIciip$.'" .,; -W~t~h~~~t:m~yer~p.e~t~~f~at:tfj,e~~~>':'0\;'~:' ;il , ,niade~g~st ..t~~fad]~ty. Both ~titt'~q' .' . :,'~esof~r6j~q~ ~oul~'0.?~py:th~~ mu~n: ',,:,'." ",j,;~.;:~\~! P~tito attribute this success to-tne 'arol'e.' . .otliis.-time. i'~Lhave . aeffuilelyl1;ia:mof.e\';",:y .j::;": " .;.1 .. : ~;;' _.'.... ," <,C_' _,"' .....,_: _' . '.. -, .,;""." ',":"_', .: "~..,:.",_"'''~:':'. ',.',>. '',''';.''. ':"',',-..i rrlentioped ruleS. and tQ craekerja~k su- ~ ., .fun:dQing tbi$thatl'aIiYttl1h}g, el~~',tlJi!th:e.', (/4.'~'~:',1 per~slor . ht a'9 extreti~laCed~; c;a,pable .'aierd(;m:et:s!ly~}W€)rrilhq~clt:p!~fldd~al :',':;,..?, ../t;:':;"l staff that does:mor~thari bllP}7sit. ,.,' . .t4.at agr~at.deal:ofhi!$:~DthPsia~~'G9~~,~:., ,\ .,~' >:,:~,~ : . In c~~e Qf.an irii~ry, the9ity.is.coy,ered '. from'the~ka~ers\1the1Psety,es. :~.~~ ql-,e ' .:;::~'! by a supplemental insurance polidy,Jn ad. ~:'.t(jtalJy non.hoinp~titiv~, ~l\Vay,s~qhe~(ing, ..>'\~.'~i .di~on tb eelf.insu,l1U'\ce. .that ~Il, .for ei~ 'eac}iotlAero on andv:er~;4,llifj~WAn~, this ., . :,""d~ I " ... "', , _ ':""'1 _ :, -, .'' .',' "'"_''' .,' :-....~ l' , ~:. _' ,,"o' 0 ' , {'t . .:cui\1ple, paya;dedue~bte o,ti an in~ureclin. is ,tlhe;~port l$e,Y''J:e pa$~i()hate.ahol.t~;!,r. , ~.>' 0 ,",' diVidtl~1 afterti'eatl'oent.: ': ~ WYii<;:h. bllings:u,s to,':hi~ 'Hidstii;riaphgl191p..;;..a, >; .~ '~ A pr~ssingjs$ti~ at ha\ld fortheOc:ean' ".pqint abo~tlj1e desighpro'~e$s:..ih~91~~ :.':^,: ., :~~,~.. ;;, Bowl Skatep1\tk is the need for ,redesign.: r the s!j:ater. Before B1fythirfg ,els.e; <<fo.;rri'.i"". ,:';' ;i:.c; I ,:," . _ ' ,c. -' " .... . 'f'J - : ; '_'~ t'-. '", '.- . .' '.- ........ '.'.. '. '-,. . ;. .'_. . and renovation. Twenty ye.ai'S ,of we at, . :houdt me.ef.$wiq1 l!:l<;al sKaters"and~\1Qn~<. ".'" ~ te~ and .salt air have left: their mark~ Orig-. ferswith, them-to see wI'] at t'y.P,6 o(f~:Cili)y . .. in~y tbe facUity wAS comprised of two. " 1's goiJlg to w.6I'kb'(~st f6r, th'e COi;iDl1-!ni.ty.';1 , bowls, :the half.pipe wasn'~added'until . During.fuese;me~tings;' thesk~.tei:s 'ai:e. '. '. H11tticil}eGlori~clestroyed the1arger,of given clay to,constniGtsh<\Pestha.t rep...: .' . the boWls it!" 19S4; Plans are now in the resent- the Qbstitcles: the'y 'wanf. Worm;,. '. . worksfol' '$150,000 ifI impl:6venw~its :,to. . fuou.at belie~~s that '$i~"apl;'Joaqli:w;or.J<~.." .' ; ':, . r~e p~~: Possj~Hities includff aadiI\l{ a.' tOrfls'li't'etlhili:ltheSe~ar.~s:;t~e::q;~tV,scl!e,.: ..' . street c'ollrse, mit)i'!'~mps andan6ther, anc!fu~'. Jfthe!r~r~c~1t:~01d~tbej!1~er;9.~t:.. i',:.'".::. ,. 'bowl, whicl1 would accommodate skaW ofthe skat~r.Jit"WQl):~~e;ep.th~nl tf.~ri~lor. .'~: ~ ". ~ }joarde1~.and ~jflJineskat~rs 0f different verY'long;- ; ... .... ':: .:;:,<;,:;,~!",: "..... skilllevd$. These improvements would ' "Xacod,Uo'g 'rb )'V'0Ertf,\louUt,pR€i.ire',a.t.e\iiv ,>:'.::,' ' u~'t :indease the size 9f the' park; hl,lt~, "fewo~lQ.~SyoitqE!ri,.iol]bW. '1h.\.ii'~v~fq'p,j~g:',:; '. make b~trer l1seof th~ space. ". yourown~1i;~tepar'k. 1"he' spaie'.2o.nsrd~"; ",' .R(J~emly,the facility Slarted reatirigolll.;. :erati&M$h~tifd'be be~we~ti' 1'01900: 'and.r " , ,- . "', ;J '. . p.& R lU L Y 1'9.:9'7' t. '59 .__4_~'_~"" _'-..;, :......._ ._'" FOR MORE INFORMATION If your organization is considering a facil- ity for your skateboarding and/or in-line skating constituents, the following people and organizations-who provided much of the informationfor this article-may be able to provide additional insight. International Association of Skateboard Companies (IASC) Jim Fitzpatrick, Executive Director Box 37 Santa Barbara, CA 93116 (805) 683-5676 E-Mail: nosewriter@aol.com Association of Bay Area Governments Pooled liability Assured Network (ABAG PLAN) Albert Fierro, Vice President P.O. Box 2050 Oakland, CA 94604-2050 (510) 464-4900 Murdy and Huntington Beach High School Skateboard Parks Bill Fowler, Superintendent, Recreation and Human Services .::.: ;; _.- .?' .o::~ City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 (714) 536-5496 Ocean Bowl Skatepark Susan Petito, Assistant Director of Recreation and Parks Ocean City Recreation and Parks Department 200 125th St. Ocean City, MD 21842 (4101250-0125 Ken Wormhoudt landscape Architect 230 Alhambra Santa Cruz, CA 95060 (408) 426-8424 Tim Payne 1203laMesa Ave. Winter Springs, FL 32708 Phone/Fax (4071695-8215 E-Mail: cpain123-aol or visit his website in AOL under Surflink THE LATEST TOOL OF THE TRADE-THE S.PARK REVOLUTION VIDEO by Tim Payne V. . au probably don't kn.ow it, but there used to be a skateboard ramp in your neighbor's backyard. It might not have been up for more than a week or a month, but it was there. A parent, realiz- ing that the safest place to skate definitely was not the street, gave in to the repeated pleadings for a place to kill the grass for the summer. But at the same time, the same parent saw that their son or daugh- ter and a couple of friends suddenly multi- ply irltRthrongs of kids. The ramp, then, usually found its way from the backyard to the woodpile. If it didn't happen that way, maybe a city official stopped by or called just to let the parents know that they knew about it. It's notthat the parent did" n't want their kids skateboard!ng,it'sju~t that they don't want to be res~onsible for the safety of every skateb~arq~r in ,the time zone. And entrepreneurs shied away from private facilities due to the usuallia- bility worries and the fact that you can't cram 100 skaters in a space that would Pt. accommodate as many rollerskaters, pel 19 a,e,Si! 1 o.,e,1 Now that the word is out that cities about city-run skateparks. The second across the United States are providing part deals with the particulars, including: public skating areas-like basketball and funding, cost, location, and size. It starts tennis courts-your department might be the networking process, connecting the looking into providing for their communi- cities that know first-hand what their ties; enter the S.Park Revolution, the video skatepark has done for their community primer for the skate park uprising. This and the cities that want to know. educational tool is offered-at cost-to Airwalk, Morgan Stone (of Groove Pro- anyone interested in furthering the com- ductionsl and I created this video to mon causes of skateboarding and in-line address the tough questions that every skating by learning about the many bene- kid, parent, city council member, and park fits that skateparks offer for both city and and recreation professional asks about skater. city-run skateparks. We are committed to The S.Park Revolution documents, in ensuring that the millions of in-line detail, what it takes to start the ball-bear- skaters and skateboarders don't have to ~. ings rolling. The first part features mayors, wait forever to skate safely on courses ~,I'I;~;;lfir.~~!ltJ~i~~:~!{;::~O,:;::~~;;i.. ~,. has even pledged to donate to a fund that 'will be dispensed to non-profit )ateparks. ;', From soft drink commercials to full- ':&ale events like the ESPN Extreme )mes, in-line skating and skateboarding ;.llVe been receiving national attention )id are more popular than ever. The time snow to recognize the need for public \ating facilities. We must realize that our 9/ld is changing, and as it does, so will , ';'toncept oftraditional sports. .troreceive a copy of the S.Park Revolu- ','l ;$ send a check for $7.00 (to cover ~$!:age and handling~ payable to S.Park ,ideo, to: 'f?,rk Video ..)Box 1217 Xand Rapids, MN 55744-1217 Ii" '~sure to include your name, title, orga- "[zation, address and phone number, and .1Iow four to six weeks for delivery. For more information visit Airwalk's site on the world wide web at www.airwalk.com. In addition to directing the S.Park Video, Tim Payne has been designing and build- ing public and private facilities for the last 15 years. He has worked on such re- nowned structures as: Animal Chin Ramp, Woodward Gymnastics Training Facility/ Skateboard Camp and Snow Valley Ski Resort! Skateboard Summer Camp. Tim Payne 1203 LaMesa Ave. Winter Springs, FL 32708 Phone/Fax (407) 695.8215 E-Mail: cpain123-aol or visit his website in AOL under Surflink ;-, :~..J;,;'?;'~J'''''''~<'''''j~,''''J ::.,__ '''-c. _,",.-;', .-t'\:~. ~--;;:tt~f:'l I,r~;~'" ~',~!~I~;:~>:"~-~,f'~"', 'f<;~~::."1J, .:,t.:~~4.!{ - ~f:. '1"' il ::; f"u-~(~~~..?2~.j.l~'~~~~~~1t....;:r;..3oJ~:9.j7,1ft:".~..~~ ::.t~~;:)(>" :..~~f~~'::"~;-'~~:"'~~'_;X.~~u"~~L~~~~~~~~~i~::L,J-,--,';.n;~riib; i?,:' , 0 Administration/ Marketing Fax 407-425-9378 0 Risk Control Fax 407-245-0915 ~ Underwriting Property & Casualty Fax 407-317-7181 Health Fax 407-999-5531 Post Office Box 530065 135 East Colonial Drive Orlando, FL 32853-0065 800-445-6248 407-425-9142 Suncom 344-0725 0 Health Claims Post Office Box 538140 Orlando, FL 32853-8140 800-756-3042 407 -245-0725 Suncom 344-0725 Fax 407-425-6439 0 Workers' Compensation Claims Post Office Box 538135 Orlando, FL 32853-8135 800-756-3042 407-245-0725 Suncom 344-0725 Fax 407-245-0918 0 Property & , Liability Claims Post Office Box 5381 35 Orlando, FL 32853-8135 800-756-3042 407-245-0725 Suncom 344-0725 Claims Fax 407-425-9378 Litigation Fax 407-317-7015 ATTACHMENT 62 FLORIDA LEAGUE OF CITIES, INC. PUBLIC RISK SERVICES July 29, 1999 Mr. Chuck Pula Director of Parks & Recreation City of Winter Springs 1126 West State Road 434 Winter Springs, FL 32708 Re: Skateboard/In-Line Skating Facility Dear Mr. Pula: I This letter will swnmarize various telephone conversations regarding the proposed skateboard/skating facility. We continue to see an interest in these facilities. The tendency now is to remove the skaters from the public areas (sidewalks, parking lots, etc.) and place them in a designated area that will allow quicker access for the emergency medical team when the skaters injure themselves and others. Cities are more frequently being pressured into providing these facilities. As you know, the prinuuy users of these facilities are younger children and teenagers. The bodies of these children are still developing. Their anus and legs are not yet as strong as those of an adult. The appearance of paralyzed children in the courtroom tends to bring out the generosity in jurors. The FMIT agreement specifically excludes the operation of skateboard facilities (page B-5, Paragraph C (3)). If the in-line skating occurs at a skateboard facility, claims arising from in-line skating would also be excluded. We have an A+ XV market that will quote these facilities. Some of the parameters that will most likely be applicable are: 1. Deductible $10,000.00 per claim including Loss Adjustment Expense 2. No medical payments Florida Municipal Insurance Trust Page 2 Mr. Chuck Pula Skateboard/In-Line Skating Facility 3. Warranties: wearing of protective gear monitor on hand at all times 1 rider per ramp posting of safety rules release signed by all riders release wording approved by carrier minors must have release signed by parent/guardian accident policy in force 4. Require membership in skate park association 5. Minimum Premium - $10,000.00 to $15,000.00 Previously, I faxed applications to you. These will need to be completed and returned if a quote is wanted. Also enclosed are various articles that you may find useful. I hope this information helps. Please call me if you have any questions. Stincorely, ~c<4- B 0 Beard Un erwriting Manager BBIvrnm : " I ' ' '''',:, , >, ," ':," '..;.' .', .":: .': " " NW~'I~~'~H~~T Skateboarding has "Arrived" For years, public sector risk managers and pooling program claims managers have been tearing their hair out over the potential for seri- ous injuries and large jury verdicts arising from skateboarding on public property. Two recent clips from NLC-RISC member publi- cations show that skateboarding is here to stay . and that risk managers need to "get on the bandwagon" to facilitate safe operations. Connecticut The Connecticut Interlocal Risk Management Agency (CIRMA) awarded the Town of Hebron a Risk Control Special Achievement Award for the construction of a skateboarding park that satisfies the requirements of young and old alike. The new park owes its success- ful construction to the combined ef- forts of the Hebron Park and Recreation Department and students from the local high school, with a little "friendly" advice from CIRMA risk-control consultants. The students investigated other skateboard parks, participated in planning, and assisted in the actual building of the park. Student fund- raising events netted over $5000 to help build the facility. Source: CIRMA's 1997-98 Annual Report to Members Florida Florida HB 19 and sa 112 provide limitations on liability for cities and public employees in the operation of park facilities for skateboard- ing, rollerblading, and freestyle bicycle riding. This legislation encourages governmental enti- ties to make land available to the public for these activities. The bill limits the liability for personal property damage or bodily injury arising out of use of the facility, but the legislation does not waive sover- eign immunity for gross negligence, failure to guard against or warn of a dangerous condition, or failure to obtain written consent for use of the facility by a minor. The intent of the bill is that individuals participating in these sports assume the _ risk of the sports and take personal responsibility for their actions. As of this writing, the bills are still making their way through the legislative process, but chances of success look favorable. Florida municipalities consider this issue of great importance. Skateboard liability protec- tion appears on the 1999 Legislative Action Agenda of the Florida League of Cities. Source: Legislative Bulletin of the Florida League of Cities and the FLC web site Minnesota Uses "Ambassadors" to Spread the News About LMCIT The League of Minnesota Cities began 'the Ambassadors program just over a year ago as a strategic initiative to increase outreach to members. Ambassadors are an ex- cellent resource for in- forming Minnesota cities about the LMC Insurance Trust programs. The Am- bassadors are former city officials who come equipped with instant credibility when they make their calls on league and trust members. The Ambassadors not only carry the message about the Trust, but they bring back important information. "Sometimes city folks will tell the ambassadors about problems or things we need to fIX - thing that we otherwise might never have heard about," said Peter Tritz, LMCIT Ad- ministrator. 2 " "'. I I ..' 'u,:p'nl~r Hvn"HT ,l ~. "I , ' .. .".. "r.'" ~:':-'~'~'" .=~- ...., ~ ",.,'IJ1LlS [t~G' tlU , I, I ,_ .j....... ~ ~....... _'. ". .'),.... j, . . LMCIT Provides New Coverage Options for Skate Parks In response to an increasing number of inquiries about aggres~ sive skate parks, the League of Min- nesota Cities Trust (LMCIT) has created new coverage options. In the past, LMCIT offered liability coverage for aggressive skate parks, but required that all facilities be fully fenced and continuously super- vised. Since many smaller cities could not afford to continuously su- pervise a skate park, LMCIT re- examined its loss control require- ments. To equitably underwrite risk exposures for all members, LMCIT has devised a two-tiered coverage approach. The two tiers are deter- mined by the height of the skating structures. Skate parks with all struc- tures generally less than three feet in total height will not be charged an additional premium for insurance coverage. Such facilities can be treated like other playground equip- ment; they do not need to be fenced or supervised. To reduce the likeli- hood of collisions and injury to skat- ers, structures must be fixed in place and separated by a minimum to-foot use zone. In addition, skating struc- tures must have structural integrity, and youth may not bring their own ramps into the skating area. All skate parks should re- quire that skaters wear personal pro- tective equipment such as helmets, wrist guards, elbow and knee pads, and appropriate shoes. Signage must indicate that personal protec- tive equipment is required in order to use the park's facility. To ensure that youth follow the posted rules, the police and/or parks department should enforce regulations. During peak usage, a weekly inspection and maintenance program must be in place. Because skating structures can rapidly dete- riorate with use or by vandalism, it may be necessary to perform daily inspections. Inspectors should check skate parks for ex- cessive wear and for trip- ping hazards such as loose sand, branches, or rocks. Facilities with structures gen- .... erally more than .. - three feet in total '- height will be charged a premium for insurance coverage. Premium rates for Tier II skate parks range from $2,500 to $7,500. Fac- tors affecting the premium charge include: anticipated attendance lev- els, the size and number of struc- tures, and the hours of operation of the facility (i.e., open a few days a week versus open daily). To receive LMCIT coverage for skate parks, a number of loss control measures must be imple- mented. Tier II parks must be con- tinuously supervised during hours of operation, and fenced and secured when supervision is unavailable. Skate park plans must address: en- vironmental controls; continuous supervision; facility rules, regula- tions, and signage; regular mainte- nance and safety inspections; and enforcement of the wearing of per- sonal protecti ve gear. Such facilities must docu- ment and continue a formal mainte- nance program; perform daily in- spections of the skating area to iden- tify potential hazards; and complete a report following any accident or injury. Skaters (or their parents or guardian if under 18 years of age) should be required to sign waivers of liability. Children younger than IO years of age should not be al- lowed into the skate park. (The American Academy of Pediatrics found that 50 percent of skateboard- ing related injuries for children ages 5 to 9 are head and neck inju- ries.) Because aggressive skat- ~ ing can result in serious injury, a Tier II facility must have the follow- ing items readily ~8:i1able:. telephone or radiO commu- ~ nication to emer:" ~ gency services; a com- plete medical first-aid kit; and ice packs and sanitary towels. Skaters with beginning to intermediate experience should first develop their skills before attempt- ing advanced equipment. Large ad- vanced ramps should only be acces- sible to skaters with advanced expe- rience and superior athletic ability. Competitions at these facilities must be restricted to those sponsoring or- ganizations that are able to provide separate insurance coverage and a contract holding the city harmless and indemnified. For more information on LMCIT's new coverage options, contact Tina Fo1ch-Freiermuth atlLMCIT at 612-215-4069. 2 ;.. ,r Skateboarding more dangerous than skating More 'Top News ...~riesT _ Skateboarding more dangerous than skating Wednesday, October 14,1998 8ealth ... :',:. ",1'./011(1 8w,;Ine$':; Tec,l"inc.I.)gy EnterMinment ::=1111111111.1':''''. Click here to visit site i:;: i::-! ! ..r- i::- 5:;: (~ .:. : I. :... ..... : :...: I. ..... . Previous Story: Aspirin reduces cancer proteins in rats Wed Oct 1418:05 Next Story: Call for HIV test in routine prenatal care Wed Oct 1418:04 NEW YORK, Oct 14 (Reuters) - Skateboarders are much more likely to sustain serious injury than in-line skaters or roller skaters, researchers report. Based on the study results, "would-be skaters should be encouraged to take up roller skating or in-line skating instead of skateboarding," advise researchers at Tufts University in Boston, Massachusetts. Their report is published this month in the Archives of Pediatric and Adolescent Medicine. The authors point out that as skating has risen in popularity among American youth, "injuries associated with the use of roller skates, in-line skates, and skateboards have skyrocketed." To discover the injury rates associated with skateboarding, in-line skating, and roller skating among children and adolescents, the researchers examined National Pediatric Trauma Registry data on nearly 600 skate-related injuries admitted to 79 US hospitals between 1988-1997. Based on their findings, the authors report that "skateboarders have more serious injuries and are more likely to have head injuries than in-line skaters or roller skaters." Over half (50.8%) of injured skateboarders suffered injuries to the head, compared with 33.7% of in-line skaters, and 18.8% of rollerskaters, the researchers say.Overall, they found that skateboarders were twice as likely to experience a 'severe' injury compared with in-line skaters. "Skateboarders seem to have more serious injuries than in-line skaters partly because they tend to be older (adolescent) males who skate on roads and are hit by motor vehicles,'~ according to the report. But even after the researchers factored out injuries involving motor vehicles, rates for skateboard-related injuries remained much higher than injuries associated with in-line skates or roller skates. The exact reason for this increased risk remains unclear. The Boston investigators speculate it could be linked to the "aggressive stunt skating" of some skateboarders, or to their tendency to skate in more dangerous areas, such as public streets. Helmet use may also be less popular among skateboarders, compared with roller skaters or in-line skaters, the authors say. They point out that "many of the head injuries in our sample would have been prevented if the children had been wearing helmets." Still, the Tufts team believe that the best way to prevent any skate-related injury "is to avoid the crash altogether." They say "better training and skating at safer locations can help skaters avoid bad falls and can reduce the chances of getting hit by a motor vehicle." SOURCE: Archives of Pediatric and http://news.lycos.com/stories/Health/199810 14RTHEAL TH-SKATE7.asp Page 1 of2 10/15/98 ,/ .. .. ~ ' I .' Skateboarding more dangerous than skating Adolescent Medicine 1998;152:985-991. Previous Story: Asoirin reduces cancer oroteins in rats Wed Oct 1418:05 Next Story: Call for HIV test in routine prenatal care Wed Oct 1418:04 Get your personalized news here. Search News for: I I.- ~ Web Guides Search News gm ~ ~ Feedback CODvright@ 1998 Lycos, Inc. All Rights Reserved. Lycos@ is a registered trademar1< of Carnegie Mellon University. Terms and Conditions Standard Advertlslna Terms and Conditions Copyright @1998 Reuters Limited. All Rights Reserved. Republication or redistribution of Reuters content is expressly prohibited without the prior written . consent of Reuters. Reuters shall not be liable for any errors or delays in the content, or for any actions taken in reliance thereon. . http://news.lycos.com/storieslHealth/19981 0 14RTHEAL TH-SKATE7 .asp Page 2 of2 10/15/98 . - '. . Skateboard Parks by David Ramba, Legislative Counsel, Florida League of Cities Have you ever done a backslide air shuffle on a quarterpipe, then gyrate down to k-grind a rail without getting a hipper? To be honest, most of us haven't, and we would probably injure ourselves if we tried: The closest we've ever been to "surfing" is with our TV remote control, which is where you may have seen the latest extreme sports of skateboarding, inline skating and freestyle bicycle riding. In the sixties, a new craze swept the coastal towns and cities of the United States. This new pastime was sidewalk surfing. The sport was developed by surfers who wanted to carry on surfing--even when there were no waves. People nailed the wheels of a roller skate to a plank and sidewalk surfing was born. Skate- boarders quickly became bored with . riding downhill, and began to jump curbs, run over ramps and ride down stairs. This sport today has evolved into including inline skating and freestyle bicycling, and has borne national and worldwide competitions. Ever since this sport was born, however, cities, business owners and pedestrians have tried to maintain their downtown facilities and protect their property and the lives of those who use the area each day. Histori- cally, recreational facilities such as softball fields, parks, and soccer complexes have been constructed and maintained by municipalities as a service to their citizens. Many municipalities, due to damage and ---.-........'"-.~- ,~;":/-k~,;~....... "~F:~F:~}'~~, ""::~-"~':' :{f~2\ The City of Satellite Beach, has opened their new skate park, Concrete Surf, and has had tremendous participation and support of the surrounding communities. excessive wear to downtown build- ings, sidewalks, parking lots and personal property, have banned citizens from using these areas for skateboarding, inline skating and freestyle bicycle riding. In an effort to provide an area for these sports, municipalities have attempted to construct and insure these facilities for their citizens' use and enjoyment. Based on the potential liability and likelihood of injury to the participants of these sports, insurance is either unavailable or prohibitively expensive. During the 1998 Legislative Session, Rep. Howard Futch, a Republican from Indialantic, and Sen. Patsy Kurth, a Democrat from Palm QUALITY CITIE5-JANUARY /FEBRUARY 1999 17 ':)._.,-- ~.,~._--~~~-~~-.-..._--,,- ~._-~_.~--"-' -. .".--- ;,,-r I .:0... Bay, filed bills to help make these skateboard parks affordable and available to municipalities. The bill passed the House 116-1, but never made it to the floor of the Senate. Over the summer, the Florida League of Cities' Urban Administration Policy Committee debated many issues, and chose the liability protection for skateboard parks as one of the League's priorities for the 1999 Legislative Session. House Bill 19 by Rep. Futch and Senate Bill 112 by Sen. Kurth were filed for the 1999 Legislative Session to protect cities from liability suits when individuals are injured while participating in these high-risk recreational activities. "All we want to do is let the cities build places where the kids can go and skateboard, and get them off the street for the rest of us " said Futch. "We can reduce liability for the cities and at the same time provide a place where the kids can just wear themselves out." House Bill 19 and Senate Bill 112 contain the following provisions: . Encourage governmental entities to make land available to the public for skateboarding, rollerblading and freestyle bicycle-riding activities. . Urn it the liability of governmental entities for personal property damage or bodily injury arising out of an individual's use of the municipal facility . . Should not partially waive sovereign immunity or limit the liability of a governmental entity for gross negligence, failure to guard against or warn of a dangerous condition, or failure to obtain written consent for use of the facility by a minor. . State that individuals do not have permission to engage in these activities on property owned or controlled by a governmental entity unless the governmental entity has specifically designated an area for those uses. . Protect the governmental entity from injuries to a spectator who was voluntarily in the designated place of risk and, having the ability to leave, failed to do so. . Provide that children must have consent of their parents to participate in these high-risk recreational activities. Lawmakers see this legislation as a tool to help governments create a place for skateboarders, inline skaters and freestyle cyclists to zoom at their own risk, with no danger of flattening a tourist or running over retirees as they stroll a city sidewalk. Call your legislators and ask them for their support as these bills move through the legislative process this year. And, one day, we will see one of our local youths performing their modified 540-degree McTwist! ri1 "The Proven Leader in Water Tank Maintenance" · Tank InSPeCtions · Interior Renovations · Exterior Renovations · N.A.C.E. Certified InsPeCtors · Tank Repairs · Disinfection and SanitarY Cleanina · Custom Loao and Artwork · Safety EquiPment · Full Service Preventive Maintenance Prosrams UTILIT~ SEF1UICE CO., inc. P. o. Box 354725, Palm Coast, Florida 32135-4725 Contact: Tim McDaniel · 1-800-223-3695 www.utllityservlce.com FLORIDA LEAGUE OF CITIES 18 't .: . -L~ .~: [~ <.. .i":~ k !s~ n~~ f~ I).;; I! l'iX' . t~f h~ . 10i- i'''I~ ,.-t I.;:.. l:-~: lit' ;.:;< .' . ~G '-.' ATTACHMENT 14 THE INFORMAT~ON GUIDE TO CREAII G It CllY OR PRIVATE SKATEPARK By Tim Payne CONTENTS Private Parks page 1 SkJltiog facts There are 35.9 million skaters page 2 Public Parks Information contained within these pages, will also benefit those interested in private parks. History It all began in a back yard page 3 What aod Why? . There is a solution to illegal skating page 4 Where to Start? Begin at City Hall page 5 Claims and Liability Claims are minimal for existing parks page 6, 7 & 8 Design Allow local skaters to work with designer page 9, 10 Location Location effects cost and use page 11 Cost and Fundraising Taking advantage of local sources pages 12, 13 Examples of size and cost Skateparks in existence page 14 Injury Statistics Surprising facts page 15 Contacts Municipality employees speak positive(v page 16, 17 & 18 RetJlil & Income Making additional revenue Summary page 19 page 20 Private Parks What to look for in a building or site: 1. Size-you should have a minimum of 10,000 sq.ft. for your park. The ideal size is 20,000 to 30,000 'sq. ft. 2. Zoning-whether you are looking for a site that is indoors or outdoors, you should make sure it is acceptable for recreational activity. This would include adequate parking space, restrooms and a fire protection sprinkler system. These are necessities which will require extra expense if added later. (It may be worth the cost to have a safety inspector and the fire department inspect the , site, prior to buying or leasing the building). 3. Impact fees-be aware that you may have to pay this fee if you change the use of the building or site or if you will be drawing a large number of people into the area. 4. Outdoor park-( extra expenses )-you will need to consider fencing and lighting, sewage and draining expenses for tying into the sewage lines. The same applies to utilities. 5. Indoor park-( ceiling height)-a portion of the ceiling should be at least 25 ft. tall for a large vertical ramp. The majority of the area should be at least 16 ft. to 18 ft. tall. 6. Spectator area-this is an important addition in order to provide a separate area for non-users in which they may observe and enjoy the sport in safety. 7. Location-the building or site should be in a fairly safe and inviting area in which parents will feel comfortable leaving their children. Ideally, the park will be located near a community provided bus system. Page 1 There are an estimated 3589 million skaters in America todaYQu Generating more than $2 billion annually in revenueSeofrom the sale of skating merchandise and additional equipment. There are over .150 manufactUrers of in-line skating and skateboarding related hard goods, not to mention the clothing industry with more than 30 shoe companies, specifically designed for skateboarding alone. Perfected more than 30 years ago, skating is one of the most popular and physically demanding individual sports in the world. Still, skaters have been labeled as hooligans, vandals and criminals. .-- -+. -_... --.. .- It is our ultimate goal to change that stereotype... by helping local municipalities create public skateparks, providing skaters with safe, low- maintenance facilities where they may express themselves in their sport without fear of being penalized. ' Skating is a recreational sport, therefore shouldn't cities take on the responsibility of providing such facilities? Source: National In-Line Hockey Association, Miami, Florida Page 2 History In the late 1970s and early 1980s, public ramps and skateparks were being demolished due to fear of liability. Backyard ramps were outlawed in many places. The skaters took to the streets and soon public handrails, planters, curbs and benches began to show the telltale signs of skateboarding wear and tear. City governments, seeing no other solution, wrote ordinances forbidding skateboarding on public property. Then skateboarders had no place to goo Because skateboarders are often too young to have a strong political voice and skateboarding, by its very nature, isn't highly organized like Little League or Youth Football, counties and cities had until recently been reluctant to accept skateboarders as athletes and provide them with a facility where.they could show their skills in a positive way. With the recent explosion of in-line skating and the continuous growth of skateboarding, major television networks have been broadcasting more skating events in the past few years. Programming such as ESPN's Extreme Games, Fox and MTV Sports are but a few of the nationally recognized stations featuring skating on a regular basis. .Commercials advertising skating and skate-related equipment" is at an all time high. These commercials entice skaters, but still there are few places to skate. Millions of dollars are being recognized by these commercials found in Magazine Billboards and television. Fact: Twenty-five percent of the population participates in some sort of recreation activity on a regular basis. Fifty percent of those participate in non-traditional sports such as surfing, snowboarding, wakeboarding, windsurfing, jet-skiing, in-line skating, BMX and yes, skateboarding. In fact, the National Skateboard Association states that there are more than 10 million skateboarders and that it is the nation's sixth largest sport, with 81 percent of participants under the age of 18. Four million of those skaters come from households with an annual income of more than $35,000. These skating enthusiasts have helped create revenue of more than $2 billion in combined sales of clothing, shoes and related apparel. Page 3 What is a skatepark and why do we need one? Parks and Recreat~on Departments with existing-facilities boast "it's the most used facility we've ever built due to skating being a year round sport and popular 365 days a year." A remarkable change has occured in recent years ue It is a change in the world of skateboarding and in-line skating. The deomographics are such that since skating was perfected more than 30 years ago, there now are many upstanding citizens working in business and government who were once skateboarders in their youth. This has created a better understanding and greater acceptance of skaters and their sport into mainstream society. Though skating still is illegal in many areas, local municipalities are realizing that there is a solution to the skating problem: Skate parks. A skatepark is a relatively simple park, usually publicly owned, geared toward those who participate in the sports of skateboarding, in-line skating and BMX bicycling. Skateparks generally require very little maintenance when compared to other municipal parks and facilities. They are almost entirely concrete so mowing is minimal and there is little upkeep on the few features they do boast such as trees and water fountains. Since the advent of the skatepark, cities which have them reported above- average use when compared to facilities such as baseball fields. .. This means greater value for each dollar spent. Page 4 Where to start? Most cities have a Parks and Recreation Department or Board, the object of which is to provide safe and functional recreation facilities for the citizens of the city-including skateboarders. Utilize Parks and Recreation to help you reach your ultimate goal of a municipal skatepark. Public skateparks offer an alternative to street skating which can aggravate pedestrians and shopping center merchants as well as leave evidence of wear and tear on sidewalks, public rails and stairs. In actuality skateboarding is a healthy, proven-safe, wholesome activity which keeps youths headed in the right direction. A public skatepark provides the proper and safe environment for this wholesome sport. Public skateparks allow skaters to show their skills in a positive way without the fear of being caught doing something wrong. Persecution is not the s,olution to the skating problem. It only creates tension and distrust between the skaters and law enforcement, requiring officers to spend valuable time writing tickets for petty misdemeanors. It is a great benefit to the City to appoint several people to represent the skating population and to speak for the majority of the skaters. This will help keep the meetings organized and well received. Page 5 Claims and Liability If you choose to carry insurance at the park, prices will range from $7,000 to $40,000 a year, depending on the size and number of users. Coverage should be at least $1,000,000 per person. (See list of insurance contacts). Also, it is important for your attorney to write an acceptable liability waiver form. (please see sample). Cities with existing parks have stated that it is one of the most used recreational facilities they have built compared to baseball fields, basketball courts, hand ball and tennis courts. Even lawn bowling and shuflleboard does not compare with maximum occupancy of 8 players compared to the skatepark with between 50 and 300 using the facility during operational hours. Ten percent of skaters .are from surrounding cities and states. Statistics have shown that liability claims involving the more than 50 operating skate parks nationwide have been minimaL And, skaters already use public property to skate on, therefore any liability already exists. Injury Statistics from the U.S. Consumer Product Safety Commission (CPSC): Skateboarding Soccer Basketball Baseball .49 .93 1.49 2.25 Please see additional information under Statistics, page 15 Based on percentage of injuries per user. One-third of all injuries are suffered by new participants. The odds of a liability suit are kept low by creating the safest skateparks possible and alerting the skaters that they skate at their own risk. Of course, there will be minor in'uries like scra ed elbows and knees at times. But the key to the lowest risk is to design the safest possible skate ark using rofessional skate ark designers. Building a safe and skatable environment allows cities to control the liability. Page 6 Claims & liability continued Currently Virginia, California, Oregon and Colorado have codes and statutes that specifically release cities from liability resulting from use of public recreation facilities provided there is proper signage explaining there is an inherent risk while using the facility. Participants skate at their own risk and should always wear protective gear such a a helmet, knee, elbow and wrist pads. Page 7 I Public Parks Information contained on these pages will be helpful for private park builders as well. SAMPLE Registration, Liability Release, Hold Harmless and Medical Release Form "Your" Skate Park Mandatory Safety Requirements: Helmet, knee pads, elbow pads, shoes. Wrist guards are optional, but strongly recommended. Name (please print) Date of Birth Month Day Year Age Address (including street, city, state, zip) Telephone numbers/info: Parent/guardian name Work number: Home number: In case of emergency, notifY: Name Phone NOTE: Form must be signed to use park. The park requires a signed form for EACH PARTICIPANT. Read the following carefully before signing. WIthout limiting the scope of the release, waiver and hold harmless set forth below, and my assumption of risk, I understand that this document will pro- hibit me from bringing a lawsuit or othetwise claiming damages against the persons listed as being released below. I recognize that the use of the Skate Park involves many risks including, but not limited to, injuries due to defective equipment either brought my me or supplied to . me at the park, defective or challenging ramps and other equipment at the park, collision with, or acts (which may be unrelated to the intended activities at the park) by other users of the park, and other obvious or non-obvious dangers. I understand that, and agree that, it is inherently impossible for any supervisor to control the activity of every user of the park and that different users will be traveling on different equipment, at different speeds, in different directions, which could resuh in collisions. I agree I will not use any equipment at the park which is beyond my skill level not intended to be exclusive and that there are many other ways in which I or my property may be injured, destroyed or otherwise affected. Signed Date Page 8 Des; n The greatest mistake cities make is simply pouring concrete and ectin skaters to use it. The location and design of your skatepark will have a great effect on the total cost of your facility and how much use it gets. By observing the skaters in action and allowing the local skaters to work closely with the skatepark designer, your finished park will be a well-planned, low- maintenance design that will experience heavy use and provide thousands of recreational hours for valued members of your community each year. . The designer must have park building experience and should work very closely with local skaters. Fencing to protect spectators helps maintain landscape. Builders should make sure the perimeter of the park is oversized, providing adequate walking and skating areas between the fence and the park. DESIGN is the most important part of the whole process. People will return to the. park and use thefacitines ifit is designed welL Your park should consist of the following: 1. Separate beginner area-this should be between 5,000 sq.ft. and 8,000 sq.ft. consisting of street style obstacles and mini ramps. It is very important to separate beginners from advanced skaters. 2. Medium to advanced style street area-this should be between 8,000 sq. ft. and 10,000 sq. ft. consisting of street obstacles mimicking public areas. 3. Various ramps-this area should be between 1,500 sq. ft. and 4,000 sq. ft. consisting of mini ramps, spine ramps and bowls. The ramps are between 4 ft. and 8 ft. tall. 4. Vertical ramp-this area should be between 1,500 sq. ft. and 2,500 sq. ft. This is usually a single ramp that is between 11..12 ft. tall~ 24-40 ft. wide and 50 ft. long. (The greatest population will be in the beginner area and the medium to advanced street area.) Page 9 Design continued All of tit e following structures can be builtfrom wood, metal or concrete. Materials used will be based on weather conditions in your region and should be determined by the designer and engineer. 1. Vert ramp-a large half pipe which should be at least 24 ft. wide and 14 to 16 ft. in length of flat bottom. The transition should be from 9 to 11 ft. in radius and usually with 1 to 2 ft. of vertical. There are usually decks, stairways and handrails. (A standard vert ramp for competitions is 32 ft. wide with 9 1/2 ft. transitions and 1 1/2 ft. of vert.) 2. Mini ramp-a smaller half pipe structure ranging anywhere 'between 4 and 6 1/2 ft. tall. These can also be configured in various shapes other than a regular halfpipe such as: hips, spines and bowls. Some good heights to radius ratios are 6 1/2 ft. radius and 4 ft. tall, 7 1/2 ft/ radius and 5 ft. tall and 8 ft. radius and 6 1/2 ft. tall. A good beginner ranlp would have an 8 ft. radius and be 4 ft. tall. (These are suggestions.) 3. Street areas-typically smaller to intermediate structures simulating what skaters would be riding in the streets. These include: curbs, banks, stairs, handrails, benches and transitions that go to the wall. A good street area should support a multi-level environment where skaters have the feeling that they are skating on different elevations rather than on one flat plain. 4. Bowls--different configurations of swimming pool shapes such as kidney, cloverleaf and egg shapes but usually on a larger scale. They can range from 2 ft. to 12 ft. deep. There are more custom shapes that skaters are familar with, this is why talking and getting skaters involved in the design is important. The surface should be trowled as smooth as possible and tiles and pool coping is essential. 5. Ditches--another element of skating that should not be left out. Usually 2 to 5 ft. tall and nonnally range from 35 to 45 degree angled walls with transition on the bottom. These "ditches" can be designed in many different ways such as a straight run, snake run and downhill. They can also be connecting with different banks, hips and bowls configured into it. Page 10 Location Your skatepark should be highly visible from the street and accessible to pedestrians, vehicles and spectator areas. If your skatepark is located in an undesirable section of town, it will encourage loitering by non-skaters and transients, thereby making it difficult to monitor. The more exposed and closer to active areas of the community, the better the upkeep will be and police surveillence will be encouraged. Hints: ok Locate your park near existing park facilities, including pay phones, water fountains, public restrooms and a convenient safe parking area. Provide a large number of bicycle parking areas. The building or site should be in a safe and welcoming area in which families feel comfortable leaving their youth for a short period of time. Consideration should be given to the convenience of a public bus route when deciding upon a location. Page 11 What will it cost? This depends largely on a number of factors such as if you are building the park yourself or hiring a contractor. Architectural fees must also be considered. Also, if you are in City limits or in the County makes a difference. The cost of the actual skating structures--materials and labor only--vary greatly, depending on building materials and size, ranging from $20,000 to $200,000. Fundraising can be a major obstacle, as cities are often reluctant to spend money on a project that is not familiar to them. Of course, time is money. Fundraising tips: 1. Locate the park on unused land already owned by the city. 71iis can aramatica([y aecrease tlie cost of 6uiJamB a conwnientfy focatetf jadfuy. 2. Because of the annual rise in the cost of building materials and labor, there is no better time than the present to build your skatepark. 3. Ask for donations from local businesses, either in the form of money, labor or materials. Get involved with a local non-profit organization. I It is not uncommon for cities and' 6usinesses to wo~toBetfier. In some areas) as mudi as 50 percent of tfie cost of tlie sF<sztepa~ was aeferrea 6y 6usiness M1UltUms. I t ~ also in tfie 6est interest for tfie 6usiness to dOnate. gifts of money or materials are often 'CJery 'CJa{u6fe we write-offs. Page 12 What will it cost & fundraising tips-continued 1* Block Grants I Use CDBG (Community Development Block Grant) funds if your skatepark is located in a below-average income area. Check into municipal taxes; ftmd matching programs; general ftmd money and floating bond issues. I * Impact Fees-- I In many places, when a new home or building is built, the city in which the structure is located collects a Developmental Impact Fee which goes toward the construction of recreation facilities, parks and other green areas. Consider asking that this be used to help construct the park. 1* Holdfundraising events-- By bringing together local skaters and asking your city to match all monies earned, you serve two purposes: 1.) First, you rapidly get all the money needed, and perhaps even more. 2.) You also prove to your city that you are indeed serious about this and are willing to work for it. Consider events such as local skating tournaments or outdoor concerts featuring local bands. Activities such as these promote commWJ.ity togetherness and provide enjoyable family outings as well. Page 13 Below is a sample list of existing skateparks and the approximate cost of each facility. o~ " q>lease Gear in mituf costs vary {jreatfy aepetufing on size, focation, amount of {onate{ materials ant! {a6or. Cost $10,000 $75,000 $50,000 $110,000 $120,00 $147,000 $150,000 $150,000 S .Ft. 8,000 1,700 8,500 8,500 1 acre 8,000 14,000 15,000 Page 14 Statistics The United States Consumer Product Safety Commission compari"son on sports related injuries states: 1. One third of those injured had been skating less than one week. Most bad an injury the first time they tried skateboarding. 2. Two out" of every five injuries were to persons borrowing skateboards. 3. The most frequently injured were within the 10 to 14 year age group, which account for 45 percent of the injuries. 4. Fractures account for one-third of all injuries. 5. Only five percent of those injured were treated with in-patient care. 6. Half of the reported injuries were in the lower arm and leg. 7. Half of the accidents occured in areas where the skater struck an irregularity in the riding surface and one out of four lost their balance. An annual report summary from the National Electronic Injury Surveillance S stem states: these statistics are for the entire count Basketball 761,024 Baseball 437,207 Footba,ll 409,296 Soccer 146,409 Volleyball 112,120 Track & Field 99,052 Swing Sets 94,286 Monkey Bars 84,857 Hockey 73,357 Weight Lifting 61,290 Gymnastics 46,858 Dancing Activities 40,913 Tennis 30,532 Skateboarding 27, 718 These figures stand to prove that the fear that encompasses the liability issue should not play a major role in the consideration of building a skatepark. Not one law suit has been reported against a city having skate parks, some in existence for more than 18 years. Page 15 Below are names of City or County employe~~ who have witnessed positive outcomes in their communities with the inclusion of a public skatepark. They have given permission to use their names. and phone numbers to help create a common bond and a networking proce~s with one another. *. Information packets available on this city's successful beginning and completion of its' skatepark. California ..City of Santa Rosa, CA Deputy Director ofParksl Bill Montgomery 707-543-3271 City Attorney-Rene Shouteau 707-543-3040 City of Santa Cruz, CA Jim Lang, Director--408-429-3777 Asst City Attorney-Anthony Condotti 408-429-3553 City ofTemecula, CA Phylis Ruse, Community Development 909-694-6480 City of Napa Gene Piscia, Recreation Superintendent 707-257-9532 City of Palo Alto Dept. of Community Services Adam Politzer 415-329-2390 or 329-2261 "City of Huntington Beach Dept. of Community Services Bill Fowler 714-536-5496 "City ofDavislDavis Skatepark Dept. of Community Services Connie Foppiano or Vicki Crescitelli 916-757-5626 Page 16 Colorado City of Arvada, CO Landscape ArchitectIHarry Johnson 303-431-3020 Risk Mgmt. / Deborah Muenchow 303-431-3004 City of Boulder, CO Landscape DesignerlMaureen Spitzer 303-441-3415 YMCA DirectorlMark Doolitle 303-442-2778 City of Golden, CO Director of Parks & Rec Charles Fagan 303-384-8120 Maryland **Ocean City Risk Mgmt. Ralph Stitt 410-250-8221 . Asst Dir. Parks & Rec Susan Petito 410-250-0125 Oregon City of Portland, OR Public Relations Dept. 503-823-2223 Asst to Commissioner /Linda Dobson 503-823-4128 City Attorney Harry Auerbach 503.;823-4047 Page 17 Pennsylvania City of Philadelphia Parks and ReclBarry Bessler 215-685-0113 Parks District Mgr. Christopher Palmer 215-685-2575 Virginia City of Chesapeake, VA Pete Duda, Councilman 804-547-6153 Parks and Rec Chris Robinson 757-382-8466 **City of Virginia Beach, VA Mt. Trashmore Reg. Office Vrrginia Beach, VA 757-490-8551 + Professional Organizations that support skating through professional and amateur contests include The California Skateboard League (C.A.S.L); World Skating Association (W.S.A.); National In- Line Skating Series (N.I.S.S) and Agressive Skating Association (A.S.A). Organizations that rule: International Association of Skateboarding Competition, (ISAC), Jim Fitzpatrick; (lISA) GiI Clark. Page 18 Retail & Income Sam Ie skatin eesand in ormation 1. Skating fees--should be between $2 and $5 per skater per day. Yearly memberships should be available for $10 to $40. Non-members should pay between $5 and $10 per day. 2. Retail--all privately owned parks have a retail area through which they earn the majority of their income. This area should be between 1,000 sq. ft. and 5,000 sq. ft. Skatepark owners boast that 70 percent of earnings come from shoes and clothing. Remember--most skaters also participate in crossover sports. Depending on the demographics of your area, you may do very well selling safety gear, in-line skates, hockey equipment, skateboards and accessories. Snowboards, wakeboards, surfboards and bicycling equipment may also be big sellers. - Concessions, entertainment in the form of video games, television, etc., and safety gear rentals provide additional services for your guests as well as bring income to the business. (The idea is to get them to the park at a low fee and increase your income rom the sale of merchandise and services.) Page 19 Summary The average timespan to build a skatepark is about 18 months. Some cities bave been fortunate enough to accomplish a park in eight months, but in the past, some cities prolonged the issue for a couple of years due to a lack of knowledge and inpiration, prompting officials to come to believe there was a lack of interest on the resident's part. The reality is that residents lose. faith in the system to work for them when a long period of time lapses with no action taken on an agenda item. Remember, four years to a youth is a lifetime. Studies have shown that by building a park in their city, it allowed the youth to become responsible and have a feeling of connection with the city or county in which they reside. Bearing all this in mind...please make the effort to continue the subject of building a skatepark in your community. ."4..-. -.- V -----..-- This booklet is designed to educate staff members, committee and board members of cities and counties around the globe as well as the general public on the benefits of skate parks in local communities. For additional information or guidelines regarding the building, costs and bringing a park to your area, call Tim Payne at (407) 695- 8215 or write Team Pain Ramp & Skatepark Design & Construction, 1203 LaMesa Ave., Winter Springs, FL 32708. E-mail: cpain123@.aoLcom Page 20 ~; A publication of LUCYNEWS, 1147 Wentworth Circle, Rockledge, FL 32955. Telephone (407) 699-6512 or (407) 631-5018. Fax: 407-633-1498. E-mail Ahnie@mcione.comorlucynews@digital.net 'l' ATTACHMENT 115 . ~'~;Satelllte Beach skate Pa}rk s-"'"' ':;~ j. .' ~ .......... . SKATEPARK II'CWIES -........... Pyranids Hips FUn box Rail. c::l ;n_ CUI:bs Bowls Flat banked areas Hand rails Stairs J:i pipes WE ARE IDPING TO HAVE THE PARK OPEN BY MAY 199811!! 1 C ... Cl ,ill lll11 jl.~ 1. j:o- III.~ Ii jiI I . \' \ 1 a I I ~ I - ii~- I ~i ! I r I I 5 \ al ).v t:\ ... 20 DZ ~~ CUESTICHi? Call 773-64.58 ;f/ -- - Or... 01 " ~~;:ti';":';;\!;j?,i'f'~~' i~;!,;:;"~'>::~J;c";" ,;:':;':"::::~~?>~:"~~t.",:;,,,..,:,: ;;:, ..' .... , .;:;:: ...~.:. ....: '. .......;.. "':),,'; :;t; ;;:' :"" ".~'. . 'filQ@.S~~t~",... ,~k..,G:l~$lr;}. .~.J::I. ,,~~. ,Jll~"bnm. '. '. ' .~.~llIs,tQ-Ji~leUlte,,,(B~l@tclR-stte. ;,,f , >= .. ., .:a 'eDO .4.IC1S"= to:.;. QI.c:l rlf 0 ~ ,Qj~cii'.~ all. " ,,,,,,,,,,,''1"'''9.,.. -'.c:l;1:j\4) ~ O.c:l J:;;;<..c,,;>'.;;I:''.' Gj' /f~;;~'g. !"~;;:,' ~'2 ~:=a3A~,;.i}~,,~:~::a ./DIi ...'..QlA .1'" ,'~ :::1>...,4)', .,.;~.I:J' C:~.;:;,~.~ "'~~':'.t.' \'.~i,~:~~':.~.i%..~;~.~:.~:~t;;i'1.1~j9.;~,~J\\:.;br. .~-",QI,' ':a< ,co-u- u:g ;al"~;0'i:f>1~.,,!.1~ . ~. '~;t''a~;~~\;l(~::;=,f..'1::a':;[N~:fl..",:t.,'1a;;:j~~ t;'..;:...;;cJc..~.~ ",,';;"";;:;:.:a.~ 'l:t::::'.,'i~,S;.a>. <ol!p':r...! :;:;~.t~7;~.;~:;.""i'~ o;;J..,,-,,w'f;.;-i!t~;>"i'lil..:/tfi' :~~:i~~;~(:ffl: /.. ;~r!~~' .. ,,:g,: ",iQl)!~;~~: . ,...\~ ,u.~;/;:J,~. ~~" ":8. ,J.., .,. ;i$!l:~~1" 'J31~~~ei~~'~,~:~li' .New skateboard.park,takingshape '~~~~I;~il~ll~!li;: " S1Ur>,;"~P":I." . .....'. '7' 'c '...,.-, ";''''''~'',,~"Pii1" .i- -... --" - - - .'. :e ~.::::I'~~.. .."'.:"'.'.O...'!".~',~ ic..."'~' ..~ ';.!.o.::.l'."~ ...4>. 41 i.; '. ~".and. ~r. In.g1ng pltn.I~ l>.askets".Its B. '. .. ,~. ;;; o.~ ~(/l; ;,:~. li;=:~..'~':;~f' "'GiJalt,/} Ci.~/'~ 'foimofentertalnn:llmt TIlls :p,ark 0;8:.."....5 &I. ~~..."..;~..::;,'(ij: gf,t)'''''l.: i'."..isl'" ,.e..","',~\~::.:;. . could B.ttra. ct PrtH:.O.. m. petltlon..t......' . '.= :J.ii.:a;~at;.}~'~..;:tl;,.;f; :;~t,.~:ij;~~;~: i,:..:' :- St9rDB. Bald tl;I.e~e wi1~be supervi.: i,QI,~ .;t::;:>::~(():~ r,.,t::i2;,li;;8,~::e ;cu., ,':0' . SIon any time the park IS open. :'We; '\"t~L~,~~.;."!~?'E.:~:~~,.g,.&iW;\",,';~,;i.-~/'~ ..wllJ1t the paren~ to be.aware.that : ;'.;~".~.. .~.~C9~"':.'.,;ti..:;{jo)"'.'0p..e.. ::a> ,:Gl"c';"".~. '$::8. '>;.:JS:.o:a> ,,; during o. perating, 110u15. tbepark , '....;,.Ci:'Cl ~r~;<!:=!:~.," '~-''lii~'=?::~ ",c,;E,:~;f.:',e.: will be.:supervlsedbY.8 paid ,em. ,.. ..= ::UJ~. ;Qljr;;;/"~':::t..O '~....' :S::'.Ir4.';lll.'. ~;53 ,g;~, ' ;c.'tl.. ~.QI'. . ploYee .and duri.ng. peak times; we. , ;c4>, 0' ~=. ~ef,l'.l;'; ~.;:;S e.~:::;t"::';;:~ wlU supplement wlt.h 8 volunteer. : :i;;{~;':e~~~.+-:~\J;~.ca>~Jf,'S~ '()'S5~:t:;'Ci, torce....~toms: said: Wben ci~sed. "1ii:o ..4>. ., "" .'.~..;,....,~. ?:'.Cl..:a>'.il'~; E.....= O,a tre I1srk will be renced, I\ndse: : (/.I:!,'g;i. ~<~~;~:~ lllG~ f;;' ~r~,~~il8 curely locked, she added,. ., . ,8.'0 o:lf.'~.s : ,.~Vl'~'''d}as,,''',;g a ,. ;:.O:Q~ ~i:fC.. Plans are to open the park from . ~,~"Q.).e"~;" Q:Ufu.9:!:;~. ,'~.(j ~i.r:: g,'ii .oj to ~ p,m. 011 school dayS, 10 8.m. to .,/S :~..Q):~~ ?rO"~;g::8ir-.;~'!g 0 Q).'g'....;;(;.cl 10 p,m. Saturdays, and noon to 9 .::;c:r~.S.iil;Ci'i . ':r;p::~ .Cl"G:I'~:~rz:: 8 .ff. (lI.e,c;S . p.m. Sundays. . ... .~) ,~V;';:'::{~';~if.~',~',~ ./I~;~;;.~.-i:;t:~;>\~-~i:"~','~: '.:;~':~....:::"'~:~ :.('.,{":: >'.1, ' ,.W~ ~8ve established t,hese . 4i~')':G:i'.:C'.':;":""Q);iti,.j,~;.;;;:,~i!; cn\;;"!:l ;;;'CiJi..=" ; h. ours on a trial basis. We are field. g~;:~ ~~:p:~;g ;~;;~l:Qjf.~~lH; ~"Q):.l1' ~ 11.' .. . .~Ie and thin. g.s canChan. ge. depend. ". 1Il,~.j!:'I!:i"iil ~ ~.1r4 Pi~,g;~~ 'lU S!" ...a:..,. . Ulg upon use;' Stoms saId. . liYe'~.~;;u~/il~(/.I;liOo :!,.i:4) ~'Of!;ci , .. ..:,., -.Stools.sili,d. she hopes to have , ~~.~o ~ :.4i..'=!i!"S:'.~::~ ,,~.(/lS'i"'. .......)5.' ..m ~ clllSl. ses for new :llcaters.and 8 skate ~ e.(j 4)u:g."t; .g..8;;R;,O.CltI-, "":~Ql1:. 0 club formed by the holidays. ~'.::;~~~.9:u~'.a>:,o'S,:f:i.s~ .: QI'1ii'~'Q; Ska~ngprlces WIll be $3 f~r all ~1l:a~;~;b\Q:,~~:=;t= E;!c:~~'~'~. day, WIth a punch card aV8!lable = t::.~-e!m'1jl ~~~g. ~r:l"" 'bile.. 'C. ".' = ...:l5.Q.QI for I? d~Y. S 8. t 8 reduced pnce of . c:1.c. .... ....'.!~ u. "Ai ,..i" ::l!a;~,;l ;~.'" 41' ~ ~ r:;. ~. a> ,.... $20. Sellll.annual an. d .annual memo 0,<<I.!::,:0 J::'a>:o~ ,,'-'~,i\ll.:.: ..o.Q),CD" ~..... 0 berships also will be available. . ~ .s~ tFa. ... '5(r.;.>i3~,il::ta,tf~~1D .!!t~.s . Permission torms, which must ~';e:]l..G:I'il.O'; :g.'':'S;'t:O.~;.'II:',t=1:'c:;..c:l i3. .~;fg ~; . be notarized and kepI on nle by [he A: fl. ;;J:.~,:\S ;r:(~{~ if;! ,:t',~':S!l,~o. <<l..~'.- ~a city, are av~i1able at [he. recreation =j611.~ ;8:'='~.:l',:;,ii:;~. :~~.. ..~.!:.' .Ir4;:8. e.ilsc:1. oCflce. 510 CUlnamon Dnve; at RC's ;Sfo.~,E-;<;:~~S;~;~.::lit:f2!IIl.:j,e ~ :~'5 ,a>. ~'S Boar~. Shop and Walke~s Surf and ii Lt: 8~!:!'p; ~ :6'ea :.8;!'~';;.!fi~'iil.s E :~.~.. 8' Skate Sbowroom, Satellite Beacb; .:,. "C ". .'J';.' .. ..:..."Pr".'.;: :: 'J: :;',;','1; ".'.'P and the MTB Surf. and Skate Shop " ;'.1' "'.". ..... ',l~';."',~i,.,:..'f..,>~t.:,'r:':. In Illdlalantic. . .:!l:~ E '5':';" ~~ ,,41 ~ ii.,: -; ~ ~ e ,II)' ~i.~ f. Payne had a word of cautio". 10 . a.Co, ~';~, ~~~. ~ 1;3 -..s.,f! u,g u 's!!.~ 'ii3 :=,~ skate park orticials, skaters and e, ciJ 0 .:: ~~ '. f G,..,t.u:':U Ill,,, oIot :a>' e" :>.'S ~ parents, "In my experience, most .8.= ~.g.41~<' ;c.':': >'>~ S S "Ci~~ 8'S';: S'ar' injuries happen the first weel':ot '(/l~ e cU';c;:":':$'~:Ci.]fo~' ..:'._'l(,l~~ opening. There,1s a lotot.~~clte"':r ,~.Cl}'G:I,OJ)"7. $:l't) ",;al:o. (,l ~ t> 0 ;';'(0.5'" ment and kids are.in a . hurry: to "~ ~:~ 41' -E ,~> ',i~! ~r>'"~!1Il ~. ~':::'t; 'Q~ skate. IftheyJus[ 'ta.liell1elr time, i~,' gJ a> ~ ,:::I,.... U" ''C !.! 9. 4>.4)"4):g.~ ". "4. , . wlll go smoorbly, Wl.th few or 110 J.A ' -f!......r1l g,:!) .'g'~-~""~S';C';ci! :::Iai!i~j1S,QI jurit'S,~~esald. . ,....' _~,,,,,.(/l'gj ,. ''iil.(/l'''(/l,..,...~.,", ,u';g.e "HavUlga.skateparkdesigned' ....'4> Cl... = '~;o al- (/.I' ,,,,,08'41" . " . Cl '~. QI 0 ...... ...'lXl.~ = ,S-.g;:a\ ~~. S by Ti/Il Payne is areal addition to):: Cli.:ti a rfs ~ r::::t:1i~;qj = .....0 :!l~,8:e..;'~ tbis city," said Simmons. ..It's one ot .:, ~ lij:S. OJ) rII 0 fl/):OJ) ': Q;~8..=~' = i."';;P. ~l t~e best tbings Satellite Beach has ',. :.....:'..:.."'.':..:"f,:..';b~.,;... . . C.AAIG RUBAOOUX, The Orbit. :t' 'ril'S ,g.t Vi ~.iS.f1J E ;i::(,f:a.;c. :f tJ' alS! ever done," . = Q;I 1Il fa> 'QI >'>'0' U', ~Cl} QI QI ~ '..~ '.. . .."'i BREAK TIME:, Memoeis.oflhe Team Pain Enterprises crew take a bre,,! ~.~; 4J.'~Gi;'" :g E-;< .c _ t) ;a:-oi'.t <G"~': ~"QI II fi. For, more informaClOl1 aoout we Shown kneeling; In. front, are Dusty Simmons of. Satellite Beath. left, ar; S:"E.~'5ig~ "1,::!i~.5'~:; ~'e .c'.~ e'~", C,oncrete Surf skate PW:k, call the, Dave Ellis of Orlando. ,Standing in rear, from left, are Man.Johannes ( i:.:.~:~::~~r\~ ~.,~.~:;~;~:i~t;~~,~:;~~~~+;~ ~~::;fL~~t~ecreation DepfJrt: ,. g~:~~:::i:: Colo.; Tim Payne: Orner Windham HI; and Jamie, Hedrick ( ~,;"'.Qli~. .e!.,:,,:'a &,g::::Iil.'iii.~.,...~... \;'.,:al..>::il: R .' t.. .' · b d Ci;C.Gl'::"iIl.e=~...:a:iilf';'C{ffl"~-;~~' . e' ere.. .a.llo". n, .....a.c.....e.v. ."R.tl1es a 00 H..n' . ~;~'~.l~:,'s!! .".)~ E't::!E ~M:'..~:~~.c: '~~:ri L1 II U Y . ..., QI ,f,'..... t> '.0 ... ,0.,0........ . ." = 'J';ir ~ . " , . ,.,.;: .. ' .:. ':-~:. , . ~. ,~",,',a "-nco'~;i!o.'>.. 'ji-',;. ;'iI) :.'~ . ..,....,::ft..... : ;;;~~ .~ 'S '::f'::' ~ ~:~~ .2:~:;~,~';i ~~;;.c"'8 ' J:;.....~,~~:;{O;~ .s~~:,5c~~<ll;~~;;j,;}~: ;,'f ::6 ~;.~~.r!i;~'~;a~t~~~e'~~E~~'%~:.~:~:..'>~. .': ~:~.~:,~;:.:.,:i:f:Il'>;~:s:,;W:X;i;8~,::;S~~;~::g~.~ ::.:. ::I.".".. >:;;!J~!i<.'?~:~.'0;.ClOl"J'.f;..8S~gr;~~ ,;;,c;!j .~. ~;, '. g..~::.~~..~f.'~.~.~~3 .;~.p...:ei:e;.:i.:~;c ~ ~.,~:E;i.ro::e:; 1il,~:~S.;g ~. 'a; :~a coQl:"- :l QI. ~',~::!:,o ":'" -'==~ 41.,.= ='ivo o. o.~. . ~:: I:l;c ~ ... 'S.~ . u c'" .~OJ) Cl} 'QI """.... -e< ..(/l.~.}~i: :l.... 0 ~ v ~.;I-< J,.o on.!!!. '0 4> '1>\,.,Ji, .. O=,c:1..<<l '.,.cs.e 1Il~=.IIl.c:1.,;.:.s,Q,~;-'1:-, # " ,'" :~:" ::tf',' :~.~::'~~~,~~~'i":.~{~-:.: ':'::'(::':~:-;~:-' h~,-':I ,:....( ~..:.::", ~ ~ .. CRAIG FlVBAOOUX. The Ortit, aUltl<TesT~ T<aam Pain crewmember and skateboard enthusiao;t Jam Hedrick uses his board to !$;t out .. recent1y completed portion of the ne skate pari< in Satellite Beach. '- . C, . .1.' FEE SCHEDULE & DIR,ECTIONS '. ;. . From Desoto Parkway, turn south on Jamaica Blvd. and follow the sign for the Satellite Beach Public Library. The .skatepark is directly west of the Library. . t .. Pineda CsNv. . Hwy 404 N !MAP NOT TO SCAUl ") -( ~ ') .1 ~ ./ Desoto Parkway ) M :? ) -d .~ ~I~ '" lJ") ~ 1Ii .9 0- , " Q) a ;0 ...... Q VI ..( > 1IIiitr........ c' ~ ::> ~ ;5 .:, ~ .) u <l: .'C <t ') C Banana River Dr. .: 0.. ., \ 0 -< ~ , VI ., .( .J .J ~~ Eau Gallie Blvd, 518 .. . , I . f' ." , . 'I..' . -WAIVER Anotari~~d' V;aiver ml:l~t be complet~d'prior to using the Satellite Beoch Skatepark. Notary services are usually avaiI9b.le..atthef skatep,a,rk::or;, Recreation Center during open hours. Completed waivers can be turned in at the Skatepark,or.mailed.tot~~Satellite Beach Recreation Department, 1089 S. Patrick Drive, Satellite Beach, FL 32937. r .' .~,.;, \ ' , : ': _. :.' . '., ~. . . ,.", ;'. " . '"r,' ; ',', "t,. . ~ .,.. (.. . .". Parents Name Home Phone Number {include area codel . .~~~:er~'~~S:~\"tf.' \::: '. . . .:; >.~ :>" ..: , . " \',: . .:\ : . l' ~ j~ " . :'. t,,'; City Stote Zip .'.Str~t'Address;,;''- ,','" ~ \:!;:::...~:lp,;;;. :rf;~t.~\}~~ ;.' Emergency Phone Number !include orea codel .. Emergen0' con!ad person (other ~~ parenti :.Y""'.\i:'. >,',:{!,r::'~~)< .';.'!."":,\'i':'\~'" .':;': ..' ~ ',1,;" ~ , , ,. I ::,.' JJryysician's,Name:';."Y':' . ( '. '/' (" .'.. ',' ,;.,.,..,. '._.JL. ~ '_,'.'.,~ :__\~,t~~~L~_!.:~;..~~J~,,-'Il~~_~ic :i~._"!-vv'~'~,,::':-' Physician's Phone Number linclude area codel .;.-.- ~ .1'....... .<-.-. ... ".~._.."._ _... .. :saJ!dX3 UO!SS!WWO) AW :)!Iqnd AJD~ON . 10 ADP S14~ PIDSaJOID ~SDI a~D~S PUD NUnp) a4~ U! IDaS IDPYlO PUD PUD4 AW SS3N11M 'aWDS .a4~ pa~n)axa a41S) ~D4~AW aJOlaq paf5paIMOU~)D a4(SI PUD '~UaWnJ~SU! f5U!of5aJOl a4~ pa~n)axa 04M !". . , :UO!~D)!mUap! 10 SWJOl f5U!MOIIOI a4~ pa4S!UJnl 04M JO 'awo~ UMOU~ AIIDUOSJad aJD/SI 04M I paJDaddD AIIDUOSJad 's~uawf5paIMOU~)D a~D~ O~ P1DSaJOID NUnO)a4~U! PUD PIDSaJ?ID a~D~S,a4~ U! paZ!J04~nD Alnp Ja)lllO UD 'aw aJOlaq 'ADp S!4~ uo ~D4~ A:lIHID ^93~3H I 'I . "I. 1 O~'I1^3~8 :10 AlNnOJ 'I101~01:1 :10 31'111S (UD!pJDnf5 IDf5al/lUaJDd Ja4~01 aJn~Duf5!s aJn~Duf5!S f I RAMP HI INC! L r .-:_ r~~,~ ...~t f'l. . l I I~~. -b- ORMOND BEACH SKATE COURT ~p, Nfl it~RW1 ATTACHMENT 116 .' 1 "" ~ ~ ~ , ... ,. ItI ~ , 1 ..~ -.. NOTICE! ! ! Written consent from parent or legal guardian MUST be provided to the City of Ormond Beach BEFORE anyone under 17 years of age may engage in skateboard or in-line skate activities. Section 316.085 (5) (c), Florida Statutes. CITY OF ORMOND BEACH ~ PARENTAL CONSENT FORM The undersigned does hereby state that he or she is the parent or legal guardian of , who is under 17 years of age (birth date: ), and does hereby consent to allow my child to engage in skateboard and/or in-line skate activities at the City of Ormond Beach skatecourt facility. DA TED: PARENT OR LEGAL GUARDIAN BY: PRINT NAME: ADDRESS: TELEPHONE: / SKATEBOARDING COURT RULES AND REGULATIONS 1. Know your abilities and skate at your own risk. 2. Any pipe or ramp requires use of a safety helmet and pads. 3. No skating against traffic on ramps or pipes. 4. Do not proceed down a ramp until clear of other skaters. 5. Skating will be allowed ONLY in the facility itself. Not in the surrounding areas. 6. Any person violating these rules will be asked to leave. 7. No food or drinks allowed in the skateboard arena. 8. Skateboard Park closes at dusk.