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Ordinance 1662 - FAILED - Amending Helmet Requirement at Skate park05/18/2009 FAILED ON A TIE VOTE ORDINANCE NO.1662 AN ORDINANCE AMENDING ORDINANCE NO. 1492 CODIFIED AS KALISPELL CITY CODE 19-20 REGARDING THE WOODLAND SKATEBOARD PARK RULES AND REGULATIONS AND DECLARING AN EFFECTIVE DATE. WHEREAS, on the ls` day of March, 2004 the City Council enacted Ordinance No. 1492, codified as Kalispell City Code 19-20 that established the Woodland Skateboard Park Rules and Regulations; and WHEREAS, partly to response to abuses to the Woodland Skateboard Park and difficulties experienced by the City in enforcing the rules and regulations of the park, the City established a Skateboard Park Committee to investigate these difficulties and make recommendations to the City Council on the best way to address the issues; and WHEREAS, the Skateboard Park Committee made its recommendations to the City Council which included amending the rules and regulations to 1) advise, but not require the use of protective head gear, 2) omit the requirement for protective peg coverings on BMX bikes and 3) give the Parks and Recreation Department the authority to close the skate park for a determined period of time should any issues at the skate board park become dangerous to the general public, and or unmanageable by the Department of Parks and Recreation; and WHEREAS, The Kalispell City Council finds that it is in the best interest of the City of Kalispell and its citizens to amend Kalispell Municipal Code 19-20(F) as set forth below. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA, AS FOLLOWS: SECTION 1 Kalispell Municipal Code 19-20(F) shall be and is hereby amended as set forth below: Option I 1. All participants mus are strongly advised to wear appropriate safety gear: CSA approved helmets and footwear are may strongly recommended. Helmets fRust should fit properly with straps fastened. Pads, gloves and guards are strongly recommended. Option 2 Option 3 13. The Parks and Recreation Department of the City of Kalispell reserves the right to close the Woodland Skate Park for a determined period of time should any issues at the skate board park become dangerous to the general public, and/or unmanageable by the Department of Parks and Recreation. Those found inside the locked fence during periods of closure will be deemed guilty of criminal trespass and subject to removal and restriction as set forth in paragraphs C and E above. SECTION 2 This Ordinance shall be effective thirty (30) days from and after the date of its final passage and approval. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR THIS DAY OF 2009. Pamela B. Kennedy Mayor ATTEST: Theresa White City Clerk