O1203
-...
e
e
e
e
CA:SSS:BB:I
Council Meet~ng 4/14/81
Santa Monica, Cal~forn~a
ORDINJI.NCE NO.
1203
(City Counc11 Se~ies)
AN ORDINANCE OF TIm CITY COUNCIL OF THE CITY
or SANTA r>10NICA AlJlENDIHG CIIAPTER 6 OF ARTICLE III
OF THE SANTA UONICA HUNICIPAL CODE TO RESTRICT
FENCES ~1ADE OF BARBED WIRE OR OTHER HAZARDOUS
MATERIALS
WHER&~S, there are presently no restrict~ons on tne use
of barbed wire and other potent~ally hazardous materials 1n the
construct~on of fences; and
\iIIEREAS, the proposed aMendments are in the interest of
the publ~c health, safety and welfare,
THE CI'l'Y COUNCIL OF THE CITY OF SANTA HONICA DOES
HEREBY ORDAIN:
SECTION 1. Chapter 6 of Art~cle III of the Santa Monica
Mun~c~pal Code 15 hereby anended to add Sect~on 3617 which shall
read as :i:ollows:
Section 3617. I'ences and Nalls.
Fences and \lalls shall not be constructed or main-
ta~ned 1n a manner which creates a hazard to l~fe,
healt~ or safety.
1. Residential Zones. Fences and walls which are
~
made of barbed wire, particularly strand or
concertina w~re; electr1cally energized fences
or walls; and fences or walls wibh>}aggad~edges,
"
,
i.e., materials such as glass, nal1s or metal
placed atop or part1ally imbedded 1n the structure,
-
e
e
e
e
are 9rohiblted. Wooden, stake or plcket fences
and pointed decorative metal fences are per-
mitted.
2. M.anufacturing ("Mil), and Conunercial ("en) z,nnes.
Fences and walls which are electrlcally energized
and those with jagged edges, as above, are
prohibited. Strand barbed wir~ ~s permitted above six feet.
3. Hardship Exem~tion. ?he zoning-Admini5~
trator and the Planning Commission on appeal, may'
approve a fence or wall of~s~rand wire notwithstanding the
requirements of thlS sect10n If the applica~t
proves the fence or wall does not constltute a
t
~
hazard to chlldren or other innocent per50ns and
that maintenance of the fence or wall is necessary
to prevent the exposure of persons or property to
extraordinary r~sks of loss from cr1me or similar
undue hardship. No exemptions shall be given fo~
the use of concertina wire_ jagged e~ged
or electrically energ~zed fences.
SECTION 2. All electrically energized fences shall be
brought into compliance wlth the provisions of this 6rdlnance wlthin
30 days from its adoption. All other fences shall be brought into
compl1ance wlthin l8D days from the adoption of this ordinance.
SECTION 3. Any provlsion of the Santa Monica Municipal
Code or appendices thereto inconslstent therewith, to the extent
of such incons~stencies and no further, are hereby repealed or
modified to Lhat extent necessary to affect the provisions of
this ordinance.
-2-
-..:
e
e
e
e
SECTION 4. If any section, subsection, sentence, clause
or phrase of this ordinance 1S for any reason held to be invalid
or unconstitutional by a decision of any court of any competent
jur1sd1ctLon, such decis10n shall not af=ect the validity of the
remaining portions of the ord1nance. The City Council hereby
declares that 1t would have passed this ordLnance and each and
every section, subsect10n, sentence, clause or phrase not declared
invalid or uncenst1tutional without regard to whether any portion
of the ordinance weulG be subsequently declared lnval1d or uncon-
st~tutional.
SECTION 5. The Mayor shall slgn and the City Clerk shall
attest to the passage of this ord1nance. The C1ty Clerk shall
cause the same to be published once in the official newspaper
with1n 15 days after 1ts adoption. The ordinance shall become
effective after 30 days from its adoption.
APPROVED AS TO FOR."4:
s~s-.~ Sk
STEPHEN SHANE STARK ~
Acting Clty Attorney
>
J
-3-
~
e
e
e e
. '
OF
ADOPTED Aim APPROVED TH I S
April 1981
~ .
14th
DAY
Qu, ;(). !Il~
I JPl/~~WrOR -
\..,.'
I HEREBY CERTIFY THAT THE FOR~GOING ORDINANCE)
rm. 1203 J \~AS :JULY Arm REGULARLY INTRODUCED AT A ~EETING
OF THE CITY counCIL ON THE 24th DAY OF Harch ) 1981j
THAT THE SAID ORDINANCE \'~AS THEREAFTER DULY ADOPTED AT A
MEETING OF THE CITY COUNCIL ON THE. 14th ~AY OF April 1981
BY THE FOllOWING COUNCIL VOTE:
AYES: COUNCIU1E~BERS: Yannatta Goldway, Jennings, Scott
Rhoden, Reed and :Iayor Banbr ick
rlOES: COU~K I U1E:vlBER: :\one
ABSENT: COU rJC I l fv1Et1BERS : Kone
ATTEST:
~~.
CITY CLERK