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Item 3A June 23 2008 AGENDA ITEM 3A JUNE 23 2008 June 16 2008 MEMORANDUM TO The Honorable Mayor and Members ofthe City Commission FROM Jim Hanso itylVfanager SUBJECT Followup eport At the last Establishment of an area for Freestyle or MountainOff Road Bicycling city a man a to be allowed to use his in the commission meeting young made request bicycle Rotary in Atlantic Beach for Skate Park or if that were not allowed to be provided another place in to build a skate in freestyle or off road bicycling A principle consideration deciding pazk of and Atlantic Beach several yeazs ago was a 1999 State law that limited the liability cities counties that provided skate parks for public use as long as they followed certain procedures and funded with and Our skate pazk was designed by professional skatepazk designers public There private funds Since its opening the park has exceeded expectations in many regards is While there have continued to be many users at almost all times when the skate pazk open there have been no term have been numerous scrapes and a few broken bones major long be the ofstaff a lot of injuries or claims made against the city This may partially result putting effort into enforcing the rules including requiring people to wear helmets and having signed waivers for anyone under 17 The city can create a pazk for mountain or off road bicycling and enjoy the same legal added to the statute to protections as outlined in the State statute In 2006 a section was expand include mountain and offroad bicycling See the attached memo from Alan Jensen dated June skate was a 10 for more information on the State law Our present park designed with prohibition of bikes in mind because there had been several stories about bicyclerelated deaths that had occurred at other skate parks If bicyclists were allowed to use the skate park the city because was not for that use It could also create a may incur substantial liability it designed in conflict between bicyclists versus skateboazders It is possible to build a bicycle pazk another the location Several questions quickly come to mind where to build it how to fund enforce rules at this construction and how much manpower would it take for the city to similaz new park location in or mountain It appeazs in Atlantic Beach that there are far fewer people interested freestyle of a new not be biking than there aze skateboarders and the construction public park may possible in this time ofstatewide budget cutbacks Use ofthe Reader Board in front of the Police Building to Advertise Events A question was ofthe asked at the last commission meeting about whether or not the city should allow the use reader board in front ofthe police building to advertise various events The staffs policy for use of this reader board for many years has been to allow advertising ofthe only citysponsored AGENDA ITEM 3A JiJNE 23 2008 to events that occur on this site This is consistent with the cityssign code that applies private businesses that prohibits offpremises advertising If a private business cannot put up a billboard should the be to do it The has for events or businesses at other locations why city allowed city received numerous requests through the years to advertise both public and private offpremises Recreation events on this reader board and has received requests from the Cultural Arts and Advisory Committee to establish additional reader boards at other locations in the city When asked the policy has consistently been held allowing only notice ofcitysponsored events on the Russell Park City Hall site Ifthe City Commission would like to establish an alternative policy do One would be the for use ofthis reader board it certainly can so additional consideration on Hall and others in the future manpower required to change the lettering the City sign possibly ifthe use ofoff premise advertising were allowed 1103a Hlan Jensen 9042469960 Jun 10 08 AGENDA ITEM 3A JUNE 23 2008 ALAN C JENSEN Attorney at Law 9351Vorth Third Street Post Office Box 50457 Jacksonville Beach Florida 322400457 Facsimile 904 2469960 Telephone 904 2462500 EMail Alan@AJeasenLawcom FAX MEMORANDUM DATE June 10 2008 Time JO h TO James R Hanson City Manager COMPANY City ofAtlantic Beach FAX NUMBER 904 2475805 NUMBER OF PAGES 4 including cover sheet FROM ALAN C JENSEN ESQ CLIENTMATTER NO Oceanside Rotary Skate Pa MESSAGE 1999 addresses Section 3160085 Florida Statutes as originally passed by the State Legislature in owned leased the skate boarding inline skating and freestyle bicycling on property or by City nonsubstantive and Amendments to the statute were passed in 2004 which were mostly changes to mountain and offroad then the statute was again amended in 2006 including references statute herewith bicycling A copy of the most recent is faxed offroad but I believe and The City could establish an area for freestyle or mountain and bicycling would be to allow that in the skate Any agree with you that it extremely dangerous existing park be a and follow all ofthe such area for the biccling would have to separately designated area again requirements of 3160085 to in to the at the I am providing this informarion you response young gentlemans request let me know Commission meeting last night If you need any further information please Cc Donna Bartle City Clerk via fax wenc and confidential information intended for the The information contained in this facsimiie message is attorney privileged only If reader of this is not the intended or the or use of the indidual or entity named above the message recipient employee are notified that dissemination distribution or copying agent responsible to deliver it to the intended recipient you hereby any this communication in error notify us of this communication is strictly prohibited if you have received please immediately via US Postal Service Thanc by telephone and return the original message to us at the above address you Rlan Jensen 9042469960 Jun 10 08 1104a AGENDA ITEM 3A JiJNE 23 2008 Westlaw 1 Wests FSA 3160085 Page C Effective October 1 2006 Wests Florida Statutes Annotated Currentness Title XXIi Motor Vehicles Chapters 316325 Chapter 316 State Uniform Traffic Control Refs Annos 3160085 Skateboarding inline skating freestyle or mountain and offroad bicycling paintball definitions liability avail is owners or lessees of to make land I The purpose of this section to encourage govemmental property and or mountain and offroad able to the public for skateboarding inline skating paintball freestyle bicycling failed to make available for such It is recognized that governmental owners or lessees of property have property and cost of if insurance activities because of the exposure to liability from lawsuits the prohibitive insurance that risks and are inherent in these can be obtained for such activities It is also recognized dangers activities in such activities which risks and dangers should be assumed by those participating 2 As used in this section the term a Governmental entity means or other in 1 The United States the State of Florida any county or municipality or any deparGnent agency strumentality thereof 2 Any school board special district authority or other entity exercising governmental authority of those or conditions that are characteristic of intrinsic to or an integral part b Inherent risk means dangers skateboarding inline skating paintball and freestyle or mountain and offmad bicycling for to in inline 3 This section does not grant authority or permission a person engage skateboarding skating or on owned or controlled by a paintball freestyle or mountain and offroad bicycling property govemmental for inline entity unless such governmental entity has specifically designated such area skateboarding skating shall a rule in each paintball or freestyle or mountain and vffroad bicycling Each governmental entity post and indicates that a child under 17 years of specifically designated area that identifies all authorized activities CS anti the has obtained vrittn orsent in a age may not engage in any of those aCtivrti governmental entity form acceptable to the governmental entity from the childs parents or legal guardians not liable to who in skate jA govemmentai entity or public employee is any person voluntarily participates i fzr tv r C Essvilntarrr and CSfroad ary dciriasC yr rn3u c t parrtaI teestyle uiCyIrRb in such and vvhich takes in an area pioperiy yr Nersuis ivhich arises out of a persons participation activity place designated far such activity of Clue 5 This section flues riot liirrit tialiiity tiist would utleriseexist fur any foilowirig of a iVRCitiiVi7 a Tlu failurt of till govirriinial culity va puuiic uuluyu iu gueiagainst ur waru ClillialrVUS 2008 TlomsunrcstNo Claim to Orig uS vuvt burks Iwcb2wCgtawcotnprintptintstrcainaspxszSplitftHTNiLfntomtF16uY nno 9042469960 Jun 10 08 1257p Rlan Jensen AGENDA ITEM3A JUNE 23 2008 Page 2 WestsFSA 3160085 notice and cannot reasonably be expected to have ofwhich a participant does not is cause of the entity or public employee that the proximate b An act of gross negligence by the governmental injury inline skating that a designated area for skateboarding paint The failure of a entity provides the c governmental the rritten consent in a form to and offroad to obtain acceptable ball or or mountain bicycling freestyle of child under l7 years of age before authorizing from the or guardians any governmental entity parents legal and offroad bicyc inline or freestyle or mountain child to in skateboarding skating paintball such participate rules the author unless that
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