O1069
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ORDINANCE NO. 1069 (CCS)
(City Council Serles)
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA 1>10NICA AMENDING
ARTICLE X OF CHAPTER I OF THE SANTA
MONICA MUNICIPAL CODE, REPEALING
SECTION 10100, ADOPTING A NEW SECTION
10100, AND AMENDING SECTION 10134 IN
ORDER TO SET FORTH THE PURPOSES OF
SAID ARTICLE TO LIMIT THE DISCRETION
OF THE AIRPORT MANAGER AND DECLARING
THE PRESENCE OF AN EMERGENCX.
THE CITY COUNCIL OF THE CITY OF Sfu~TA MONICA DOES
ORDAIN AS FOLLOWS:
SECTION 1.
Sectlon 10100 of Chapter 1, Article
X, of the Santa Monlca Munlc~pal Code is hereby repealed 1n
its entlrety.
SECTION 2.
A new Section 10100 lS hereby added
to read as follows:
Section 10100. PURPOSES OF THIS ARTICLE.
ThlS Artlcle establishes rules and regulations
governing the use and operation of the Santa
Monica Municipal Airport to the full 11mit
of the authorlty WhlCh the City of Santa Mon1ca
possesses as the owner, operator, and proprletor
of said airport and as a charter Clty operating
under the Constltution of the State of California
and also to the full extent otherwlse provided
by law subJect to the followlng standards:
A. The Santa Monica Municlpa1 Alrport
shall be conducted as a publlC alrport facllity
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manner the powers of the City of Santa Monica
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subJect to such lawful and valld Ilmltatlons
as the City Councl1 may impose by law. No
prOV1Slon of this Artlcle shall encroach,
~nvade or interfere wlth any field within
the exclUSlve control of the Federal Government
or the State of Callfornla. To thlS end,
any provlslon WhlCh confllcts or lS pre-empted
by any superlor governmental enactment lS
exempt from any of the provislons of thlS
Artlcle.
B. Any provlslon set forth ln thlS
Artlcle lS adopted freely and voluntarlly
by the Clty of Santa Monlca without any
coerclon, force, restrlctlon, or restralnt
by any governmental agency, enactment, or
othe~lise. Use restrlctions lrnposed hereln
are lmposed solely on the basls of the
proprletary power of the Clty of Santa Monlca
and are not deemed an exerClse of the pollce
power, except when such restrictlons cannot
be validly exerclsed under the City's
proprietary power but could be exerclsed by
virtue of the police power or any other power
conferred upon a munlclpality. In which case,
such powers are exerclsed to the full extent
permltted by law.
C. There lS no lntent to Ilmlt ln any
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followlng standards:
1. Discretlon shall not be exercised
ln any manner WhlCh confllcts with state or
federal law.
2. Dlscretlon may only be exerclsed
where:
a) There is reason to believe
that its exerClse is necessary for the
proteetlon of public health, safety, or
welfare, or
b) There is reason to believe
that an alrcraft vlolates ln some manner
the proprletary rlghts of the City of Santa
Monica as the ownerjproprletor of the Santa
Monica Municlpal Alrport, or
c) Where there is reason to believe
that a violatlon of any of the provisions of
this Artlcle is imminent.
3. Nothlng 10 this seetlon shall authorize
the Alrport Dlrector or any of his offlcers,
agents or employees to deny access to the
Santa Monica Municlpal Alrport to employees
of the federal government, or to other persons
ln the case of an emergency, or to those users
of the alrport who are authorlzed to use it
by law on any basls where pre-emptive rlghts
valldly eXlst.
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SECTION 4. Any provislcns~of the Santa Monlca
Munlclpal Code, or appendices thereto lnconsistent herewlth,
to the extent of such lnconsistencies and no further, are
hereby repealed or modifled to that extent necessary to effect
the provislons of thlS ordlnance.
SECTION 5. If any sectlon, subsectlon, sentence,
clause, word, or phrase of thlS ordinance is for any reason
held to be invalld, or unconstltutional by a declslon of any
court of competent Jurisdlction, such declsion shall not
affect the valldlty of the remainlng portlons of the ordinance.
The Clty CounCll hereby declares that lt would have passed
this ordinance and each and every sectlon, subsectlon,
sentence, clause, word, or phrase not declared lnvalld or
unconstltutlonal wlthout regard to whether any portion of
the ordlnance would be subsequently declared invalid or
unconstitutlonal.
SECTION 6. The Clty Councll of the City of
Santa Monlca flnds and declares that an urgency eXlsts and
that thlS ordlnance lS enacted pursuant to the authority
granted by Sectlon 6lS of the Clty Charter of the City of
Santa r10nica and 15 necessary to preserve the publlC health
and safety for each of the reasons set forth in th1s ordinance,
to afford the Airport Manager reasonably limited power to
control alrport use, to prevent no~se and air pollution,
to protect against ~mmlnent Vlolatlons of th~s ordlnance.
SECTION 7. The Mayor shall slgn and the Clty
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Clerk shall attest to the passage of th1S ordlnance. The
Clty Clerk shall cause the same to be publlshed once in
the offlcial newspaper wlthln fifteen (15) days after its
adoption. This ordinance shall become effective lmmed~ately
upon lts adoption, pursuant to Sectlon 619 of the Clty
Charter of the Clty of Santa Monica.
ADOPTED this 11th day of October
, 1977.
~AW(~J!~J
l>1AYOR .
ATTEST:
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'-STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA MONICA )
I do hereby certify that the foregolng ordlnance
was duly and regularly introduced at a meetlng of the Clty
Councll on the
II th day of October
, 1977i that
thereafter the sa~d ord~nance was duly adopted at a meetlng
of the City Councll on the 11th day of October
, 1977,
by the following vote of the Councll:
AYES:
COUNCILMEMBER: Bambrlck, Cohen, Reed,
Scott, TTlves, SWlnk
NOES:
COUNCILMEMBER: None
ABSENT:
COUNCILMEMBER: van den Steenhoven
,rdr;dV~D A ~7' F.o'RM:
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