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ORDINANCE NO. l070rCCS)
(Clty Councll Serles)
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA AMENDING
ARTICLE X OF CHAPTER 1 OF THE SANTA
MONICA MUNICIPAL CODE, REPEALING
SECTION 10100, ADOPTING A NEW SECTION
lOlOO, AND AMENDING SECTION I0134 IN
ORDER TO SET FORTH THE PURPOSES OF
SAID ARTICLE TO LIMIT THE DISCRETION
OF THE AIRPORT UANAGER.
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES
ORDAIN AS FOLLOWS:
SECTION 1.
Section 10100 of Chapter 1, Article
x, of the Santa Monlca Munlclpal Code is hereby repealed ln
lts ent~rety.
SECTION 2.
A new Section IOlOO lS hereby added
to read as follows:
Section 10100. PURPOSES OF THIS ARTICLE.
Th~s Article establishes rules and regulatlons
governlng the use and operat~on of the Santa
Monlca Municlpal Airport to the full llmit
of the authorlty WhlCh the Clty of Santa
Monlca possesses as the owner, operator, and
proprletor of said airport and as a charter
Clty Operat1ng under the Constitution of the
State of Californ~a and also to the full
extent otherwise provlded by law subJect to
the followlng standards:
A. The Santa Monica Munlclpal Airport
shall be conducted as a public airport facillty
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subJect to such lawful and valld Ilmltatlons
as the City Council may impose by law. No
provls10n of this Article shall encroach,
lnvade or interfere ~lth any fleld within
the excluslve control of the Federal Government
or to the State of California. To this end,
any provlslon WhlCh conflicts or ~s pre-empted
by any super10r governmental enactment lS
exempt from any of the provlslons of thlS
Article.
B. Any provision set forth in thlS
Artlcle lS adopted freely and voluntarlly
by the Clty of Santa MonCla wlthout any
coerclon, force, restrlctlon, or restralnt
by any governmental agency, enactment, or
otherwlse. Use restrictlons lmposed hereln
are imposed solely on the basis of the
proprietary power of the Clty of Santa Monlca
and are not deemed an exerClse of the pollce
power, except when such restrictlons cannot
be validly exercised under the City's
proprietary power but could be exerclsed by
vlrtue of the pollce power or any other power
conferred upon a munlclpality. In WhlCh case,
such powers are exercised to the full extent
per.mltted by law.
C. There 18 no intent to llmlt ln any
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manner the powers of the Clty of Santa
Mon~ca elther as proprietor or as a governmental
agency wlth regard to the enforcement of any
provlsion of this law, or to create any rights
in any party other than the City of Santa
Mon~ca. The provlsions hereof are adopted
to provide for a utilizat~on of the alrport
facility which is compatible wlthadjacent
residentlal, ~ndustrial, and commerclal uses,
to provide a mln~mum of interference wlth
the peace and enJoyment of the citizens
surrounding the airport, a IDlnimum of
envlronmental damage, and a minlmum of noise
and a~r pollutlon commensurate wlth compatlble
airport use. In ~nterpreting any of the
provislons hereof, the Airport Dlrector and
other employees of the Clty shall operate
reasonably and ln conformlty wlth the purposes
hereinabove set forth.
SECTION 3. Sectlon 10134 of the Santa Monica
Municlpal Code is amended to read as follows:
Section 10134. BISCRETION OF THE
AIRPORT DIRECTOR. The Alrport Dlrector may
delay or restrlct any flight or other operatlons
at the a~rport and may refuse take-off clearance
to any aircraft subject to any limltat~ons
provided by law and in accordance with the
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followlng standards:
1. D~scretion shall not be exerClsed
in any manner wh~ch confllcts with state or
federal law.
2. Dlscretion may only be exercised
where:
a) There ~s reason to belleve
that ltS exerc~se is necessary for, the
protection of publlC health, safety, or
welfare, or
b) There is reason to believe
that an aircraft vl01ates ln some manner
the proprietary rights of the City of Santa
Monlca as the'owner/propr~etor of the Santa
Monica Munlcipal Airport, or
c) Where there lS reason to believe
that a violatlon of any of the provis~ons of
this Article is immlnent.
3. Nothlng ln thlS section shall authorize
the A~rport Dlrector or any of his officers,
agents or employees to deny access to the
Santa Monica Municipal Alrport to employees
of the federal government, or to other persons
in the case of an emergency, or to those users
~f the alrport who are authorlzed to use lt
by law on any basls where pre-emptive rlghts
validly exist.
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SECTION 4.
Any provislons OI the Santa Monlca
Municipal Code, or appendices thereto inconslstent herewith
to the extent of such lnconslstencies and no further, are
hereby repealed or modi fled to that extent necessary to effect
the provisions of thlS ordinance.
SECTION 5.
If any sectlon, subsectlon, sentence,
clause, word, or phrase of thlS ordlnance is for any reason
held to be invalld, or unconstitutlonal by a decislon of any
court of competent Jurisdiction, such decislon shall not
affect the valldity of the remaining portions of the ordinance.
The Clty CounCll hereby declares that It would have passed
th~s ordlnance and each and every section, subsectlon,
sentence, clause, word, or phrase not declared lnvalid or
unconstltutional without regard to whether any portion of
the ordlnance would be subsequently declared invalid or
unconstltutional.
SECTION 6.
The Mayor shall sign and the Clty
Clerk shall attest to the passage of th~s ordinance. The
Clty Clerk shall cause the same to be publlshed once ln
the official newspaper wlthin fifteen (15) days after its
adoption. ThlS ordlnance shall become effective lmmediately
upon ltS adoption, pursuant to Sectlon 619 of the City
Charter of the City of Santa Monlca.
day. of Octo~er. 2197.
I 7 /1fi2. , J
A t JrTW...lJYYt~. . 17J.~
-~_. MAYOR
ADOPTED thls 25th
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ATTEST:
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CITY '~'Cl.ERK
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~ATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) 55.
CITY OF SANTA MONICA )
I do hereby certlfy that the forego~ng ordlnance
was duly and regularly lntroduced at a meeting of the City
Councll on the 11th day of
October
, 1977; that
thereafter the sald ordlnance was duly adopted at a meetlng
of the C~ty Councl1 on the 25th day of
October
, 1977,
by the followlng vote of the Councll:
AYES:
COVNCILMEMBER: Bambrick, Cohen, Reecl~ Scott,
Trives, van den Steenhoven~
Mayor SWlnk
NOES:
COVNCILMEMBER: :-Jane
ABSENT:
COUNCILMEMBER: ~one
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'~?J<---~Lklf/L ,
',' - j!ITY CLERK
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APPROYED AS W FWM: J
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CITY ATTdRNEY/ ~-
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