O1749
CA~f:\atty\muni\laws\mtt\parks.4
city Council Meeting 6-21-94
Santa Monica, California
ORDINANCE NUMBER 1749(CCS)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ADDING CHAPTER 4.55 TO THE
SANTA MONICA MUNICIPAL CODE REGARDING STANDARDS
FOR UTILIZATION AND MAINTENANCE OF PUBLIC PARKS.
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1. Chapter 4.55 of the Santa Monica Municipal Code is
hereby added to read as follows:
section 4.55.010 - Purpose and Findings
In order to maintain the City's parks,
protect their facilities and foliage, and
ensure their availability as a shared resource
to all members of the public, this chapter
sets forth standards for park utilization and
maintenance. This chapter may be referred to
as the Park Maintenance Code.
section 4.55.020 - Definitions
As used in this Chapter, the following
words and phrases shall have the following
meanings:
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(a) "Department" shall mean the
Department of Community and Cultural Services.
(b) "Director" shall mean the Director
of the Department of Community and Cultural
Services.
(c) "Park" and "parks" shall mean and
include the fOllowing parks ih the City:
Ashland (Sunset/Ashland Park) Park, Beach Park
#1, Beach Park #4, Bernard Way Linear Park,
Clover Park, Crescent Bay Park, Douglas Park,
Goose Egg Park, Hotchkiss (Mary Hotchkiss
Park) Park, Joslyn Park, Lincoln Park, Marine
Park, Memorial Park, Ocean View Park, Ozone
Park, Pacific Street Park, Palisades Park,
Park Drive Park, Schader Park, South Beach
Park, Stewart Street Park, Virginia Avenue
Park and any City-owned landscaped open space
in the civic Center area.
(d) "Park facility" and "park facilities"
shall mean any building, structure,
recreational facility, table, bench, fence,
monument, equipment, apparatus, walkway, or
park property in any park.
(e) "Park foliage" shall mean any tree,
hedge, bush, shrub, plant, flower, grass, or
foliage in any park.
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(f) "Litter" means any abandoned,
discarded substance, including but not limited
to: garbage; refuse; rubbish; abandoned and
inoperable household appliances; discarded
packaging or containers; discarded building,
plumbing or construction material, unless
pursuant to construction operations; lighted
or nonlighted cigarettes, cigars, matches, or
any flaming or smoldering material; and all
other waste matter which, if thrown or
deposited as prohibited herein, may be
detrimental to public health, safety and
welfare.
section 4.55.040 Destruction of Park
Facilities or FOliage.
(a) No person shall destroy, cut, break,
remove, alter, deface, damage, write upon, or
hang or post upon any park facility or park
foliage, except as authorized by the city.
(b) No person shall place any object in
any shrub, bush, hedge, or tree, or among any
plants or flowers in any park, except as
authorized by the city. This subsection does
not prohibit placing any object upon park
grass which does not damage the grass.
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Section 4.55.050
Maintenance of Clear
Accessway.
No person shall block, impede, or
obstruct, or leave or cause to be left, any
thing so as to block, impede, or obstruct, any
park pathway, sidewalk, recreational court or
facility, or any entrance, exit, or approach
to any park building, structure, or
recreational court or facility, except as
authorized by the city.
section 4.55.060 - Erection of structures
No person shall, in any park, erect,
maintain, use, or occupy any tent, lodge,
shelter, or structure, except those provided
or authorized by the city.
section 4.55.070 - Litter In City Parks
(a) No person shall throw, deposit or
leave any litter in or upon any park, except
in city authorized trash receptacles.
(b) No person shall leave, with intent
to abandon, any property or food in any park,
except in city-authorized trash receptacles.
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section 4.55.080 - Removal of Property Left in
Parks
Any personal property left in any park at
any time when the park is' closed shall be
subject to immediate removal pursuant to
sections 2.32.200 et sea.
section 4.55.090 Interference With
Maintenance Activities
No person shall interfere with or hinder
any City employee engaged in maintenance or
repair of any park or park facili ty . No
person shall enter any park, park area, or
park facility which is barricaded or fenced
for maintenance or repair without City
authorization.
sectioin 4.55.100 - Fire Hazards.
The following activities shall be deemed
to be fire hazards and are prohibited in all
parks:
(1) Making, kindling, or using a fire,
barbecue or portable stove, or burning
charcoal, except upon a masonry or concrete
hearth or fire circle provided by the city for
such purpose.
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(2) storing flammable materials or
combustible waste matter, as those terms are
defined in the Uniform Fire Code, within ten
(10) feet of a building or structure, or
beneath a building or structure.
(3) Discarding any lighted match,
cigarette, cigar, or other burning object in
a manner that could cause ignition of
flammable materials or combustible waste
matter.
(4) Undertaking any activity in a park
which constitutes a violation of the Uniform
Fire Code as adopted at section 8.04.060, or
which constitutes an imminent and immediate
danger to persons or property in the judgment
of authorized Fire Department Personnel.
section 4.55.100 Authority of
Department of Community and Cultural Services
to Regulate Parks.
(a) The Director may promulgate
regulations implementing the provisions of
this chapter. No person shall violate any
such regulations.
(b) The Director may authorize
exceptions to this chapter or to any
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implementing regulations for the purpose of
coping with an emergency as defined in section
2.16.020.
section 4.54.110 - Permits for special Events
Nothing in this chapter limits the
authority of the City to permit special events
and attendant activities on public property.
section 4.54.120 - Penalties for Violation.
Any person who violates any provision of
this chapter, including any regulation of the
Department governing the use and enjoyment by
the public of any park, shall be guilty of a
misdemeanor, which upon conviction shall be
punishable by a fine not to exceed $500.00 or
imprisonment for a period not to exceed six
months.
In addition, in any case involving the
destruction, defacing, removal, or injury to
any park facility or park foliage the court
may require restitution in an amount necessary
to reimburse the Department for the value of
the item or material destroyed, defaced,
removed, or damaged as well as any labor
expended to replant or restore the area, item,
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or material affected.
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.
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
ordinanc~, 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
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wi thin 15 days after its adoption.
This Ordinance shall
become effective after 30 days from its adoption.
APPROVED AS TO FORM:
~~~~~
MARSHA J~ES MOUTRIE
City Att rney
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Adopted and approved this 21st day of June, 1994.
% r;.J ,/f
ayor
I hereby certify that the foregoing Ordinance No., 1749 (CCS) was duly and regularly
adopted at a meeting of The City Council on the 21st day of June, 1994; by the following
Council vote:
Ayes:
Councilmembers:
Abdo, Genser, Greenberg, Holbrook, Olsen, Rosenstein
Noes:
Councilmembers:
None
Abstain: Councilmembers: None
Absent: Councilmembers:
Vazquez
ATTEST:
_~ft-tf~
City Clerk