O1693
CA:JL:parkclos.ord\pc\df
city council Meeting 7-20-93
Santa Monica, .California
ORDINANCE NUMBER 1693 (CCS)
(City council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA
ADDING SECTIONS TO CHAPTER 4.08 OF THE
SANTA MONICA MUNICIPAL CODE TO ESTABLISH PARKS CLOSURE
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN
AS FOLLOWS:
SECTION 1. Chapter 4.08 of the Santa Monica Municipal
Code is amended to read as follows:
Section 4.08.091 Park Closure.
(a) No person shall enter or remain in
i
any of the following City of Santa Monica
parks between the hours of 12 a.m. and 5 a.m.:
1. Ashland Park
2. Beach Park #1
-,
3. Beach Park #4
(Lifeguard Headquarters)
4. Clover Park
5. Crescent Bay Bank
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6. Douglas Park
7. Hotchkiss Park
8. Joslyn Park
9. Lincoln Park
10. Los Amigos park
11. Marine Park
12. Memorial Park
13. Ocean View Park
14. Ozone Park
15. Pacific street Park
16. Palisades Park
17. Park Drive Park
18. Schader Park
19. stewart Street Park
20. Virginia Avenue Park
(b) This section shall not apply to any
public sidewalk immediately adjacent to any
public street or highway, or to any street or
highway which traverses any park, including
the Santa Monica Municipal pier access road or
walkway and any portion of California Avenue.
(c) Any person present in any park
during hours when the park is closed may be
stopped and questioned by any law enforcement
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officer to determine whether or not such
person is in compliance with this Ordinance.
Section 4.08.092 Exceptions.
This Ordinance shall not apply to any
person present in any park:
(a) When the presence of the person in
the park is necessary so that the person can
travel to his/her residence.
(b) When the presence of the person in
the park is required with respect to the
person's lawful business, trade, profession,
occupation or emploYment.
(c) When the presence of the person in
the park is necessary so that the person can
travel to or from a lawful public meeting or
place of worship.
(d) When the presence of the person in
the park is necessary so that the person can
enter or otherwise gain access to a vehicle,
including a car or a bus.
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(e) When the presence of the person in
the park is connected with an activity which
is authorized or permitted by the City of
Santa Monica.
(f) When the presence of ~he person in
the park is governed by Santa Monica Municipal
Code section 4.08.090.
section 4.08.093 Penalties.
Any person violating the provisions of
this Ordinance shall be guilty of a
misdemeanor and upon conviction shall be fined
an amount not to exceed $500 or imprisoned for
a period not to exceed six (6) months or both.
Section 4.08.094 Sunset Provision.
This Ordinance shall expire and be of no
further force and effect on September 1, 1994.
SECTION 2. Any provision of the Santa Monica Municipal
Code or appendices thereto inconsistent with the provisions of this
Ordinance, to the extent of such inconsistencies and no further,
are hereby repealed or modified to that extent necessary to affect
the provisions of this Ordinance.
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SECTION 3. If any section, subsection, sentence, clause,
or phrase of this Ordinance is for any reason held to be invalid or
unconstitutional by a decision of any court of any competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance.
The City council hereby
declares that it would have passed this Ordinance, and each and
every section, subsection, sentence, clause, or phrase not declared
invalid or unconstitutional without regard to whether any portion
of the Ordinance would be subsequently declared invalid or
unconstitutional.
SECTION 4. The Mayor shall sign and the City Clerk shall
attest to the passage of this Ordinance.
The City Clerk shall
cause the same to be published once in the official newspaper
within 15 days after its adoption.
This Ordinance shall become
effective after 30 days from its adoption.
APPROVED AS TO FORM:
~
JO EPH LA CE
ting City Attorney
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Adopted and approved this 20th day of July, 1993.
tt ~Yor
I hereby certify that the foregoing Ordinance No. 1693 (CCS)
was duly and regularly introduced at a meeting of the City
Council on the 13th day of July 1993; that the said Ordinance was
thereafter duly adopted at a meeting of the City Council on the
20th day of July 1993 by the following Council vote:
Ayes: Councilmembers: Genser, Greenberg, Holbrook,
Olsen, Rosenstein
Noes: Councilmembers: Abdo, Vazquez
Abstain: Councilmembers: None
Absent: Councilmembers: None
ATTEST:
~p-l.f~
--- City Clerk