§ 26-15. Skateboard parks.

(a)

Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning:

Hazardous recreational activity. Skateboarding, inline skating or freestyle bicycling.

Inherent risk. Those dangers or conditions that are characteristic of, intrinsic to, or an integral part of skateboarding, inline skating and freestyle bicycling.

Skateboard parks. A facility established on town-owned or town-leased property which is designed for the purpose of engaging in hazardous recreational activities and which is specifically designated by the town for such use, or any such facility which is operated by the town and designated by the town for such use that is not established on town-owned property.

(b)

Responsibility of users.

(1)

All users of a skateboard park shall wear a helmet, elbow pads and kneepads at all times while engaging in hazardous recreational activities.

(2)

Any person who observes, participates in or assists in hazardous recreational activities assumes the known or unknown inherent risks in these activities, irrespective of age, and is legally responsible for all damages, injury or death to himself or herself or other persons or property that result from these activities.

(3)

While engaged in hazardous recreational activities, irrespective of where such activities occur, a participant is responsible for doing all of the following:

a.

Acting within the limits of his or her ability and the purpose and design of the equipment used.

b.

Maintaining control of his or her person and equipment used.

c.

Refraining from acting in any manner that may cause or contribute to death or injury of himself or herself or other persons or property.

(4)

Failure to comply with the requirements of subsection (b) above shall constitute negligence.

(c)

Notice.

(1)

The town shall post signs at all skateboard parks that afford reasonable notice to all users of the following:

a.

Any person engaged in a hazardous recreational activity at the skateboard park must wear a helmet, elbow pads and kneepads at all times;

b.

The town does not provide regular supervision of the skateboard park;

c.

Users of the skateboard park assume all risks associated with the use of the skateboard park; and

d.

Failure to comply with these requirements for use may subject the violator to sanctions as provided for under this section.

(2)

The signs required herein shall be posted at the skateboard park in prominent locations that may be readily viewed by users of the skateboard park.

(d)

Town immune from liability. The town, including its officials, employees and agents, shall not be liable to any person who voluntarily participates in hazardous recreational activities for any damage or injury to property or persons that arises out of the person's participation in the activity and that takes place at a skateboard park.

(e)

Penalty.

(1)

Whoever shall violate any provision of this section for which no specific penalty is provided shall be punished as set forth in section 1-6 of this Code.

(2)

In addition to other penalties provided for in this Code, any person who violates the provisions of this section may be subject to sanctions imposed by the Town of Nags Head, including, but not limited to, suspension or permanent revocation of the privilege to use the skateboard/inline skating park and assessment for the full costs of any damages to the skateboard park caused by the person.

(Ord. No. 15-06-019 , Pt. I, 6-3-2015)