O1858
e
e
f:\atty\muni\laws\mjm\fount.ord
city Council Meeting 7-30-96
Santa Monica, California
ORDINANCE NUMBER laS8 (ees)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ADDING SECTION 5.08.600
TO THE SANTA MONICA MUNICIPAL CODE RELATING TO
THE USE OF PUBLIC FOUNTAINS IN THE THIRD STREET
PROMENADE AND DECLARING THE PRESENCE
OF AN EMERGENCY
WHEREAS, the fountains in the Third street Promenade (the
"Promenade") are intended for the visual enjoYment of all persons
using the Promenade; and
WHEREAS, recently persons have begun using the fountains in
the Promenade for bathing, wading, and recreating, and have begun
allowing animals to enter the fountains and to bathe and wade in
them; and
WHEREAS, persons and animals utilizing the fountains in this
manner interferes with their purpose of affording visual enjoyment,
poses a public health hazard, and conflicts with the public
welfare,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1.
Section 5.08.600 is hereby added to the Santa
Monica Municipal Code to read as follows:
1
e
e
5.08.600. Use of public fountains.
(a) No person shall bathe or wade in, enter into,
be present in, or remain in, any fountain in the Third
street Promenade. No person shall allow any animal in
his or her custody to bathe or wade in, enter into, be
present in, or remain in any fountain in the Third street
Promenade.
(b) Any person violating this section shall be
guilty of an infraction, which shall be punishable by a
fine not exceeding Two Hundred Fifty Dollars ($250.00).
(c) The prohibitions contained in this section
against persons entering the fountains shall not apply to
City law enforcement personnel, City maintenance workers,
or other persons acting under the authority of the City
of Santa Monica.
SECTION 2. This Ordinance is declared to be an urgency
measure adopted pursuant to city Charter Section 615. It is
necessary for preserving the public peace, health and safety, and
the urgency for its adoption is set forth in the findings above.
SECTION 3. 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, is
hereby repealed or modified to that extent necessary to effect the
provisions of this Ordinance.
2
e
e
SECTION 4. 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 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 5.
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 upon its adoption.
APPROVED AS TO FORM:
/} .,. il~1t.
~~~~S MOUTRIE
City Attorney
3
e
e
~~-~
Mayor
State of CahfoffiIa )
County of Los Angeles) ss
CIty of Santa MOnIca )
I. Mana M Stewart, City Clerk of the CIty of Santa MOllIca, do hereby certIfy that the foregomg
Ordmance No 1858 (CCS) had Its first readmg on July 30, 1996, and had Its second readmg on
Julv 30. 1996 and was passed by the follo\~lng vote
Ayes
CouncIl members
Abdo, Ebner, Genser, Greenberg, Holbrook, O'Connor,
Rosenstelll
Noes
CounCIl members
None
Abstam
CouncIl members
None
Absent
CouncIl members
None
ATTEST
~~
~~
~
CIty Clerk
..
PROOF OF PUBL'ATION
(2015.5 C.C. P.)
STATE OF CALIFORNIA,
County of Los Angeles.
I am a citizen of the United States and a
resident of the County aforesaid; I am over
the age of eighteen years, and not a party to
or interested in the above-entitled matter. I
am the prinCipal clerk of the printer of the
THE OUTLOOK
..........~,......~~..................I~............
a newspaper of general circulation, printed
and published .lI.~\J..XJH\~t:.J?:I:.~J.lNJ1AX.
in the City of .~Atl.TI\..I\'RHJ(:;^............
County of Los Angeles. and which
newspaper has been adjudged a newspaper
of general circulation by the Superior Court
of the County of Los Angeles, State of
California, under the date of)~N~ .~~ 19 .~~.,
Case Number ..~.H.~1JL....i that the notice,
of Which the annexed is a printed copy (set
in type not smaller than nonpareil), has
been published in each regular and entire
Issue of said newspaper and not Tn any
supplement thereof on the following dates.
to.wit.
.. .. .. A1J.G.. .1.0.. .. II .. . . . . .. ... .. .. .. .. .. . .. .. II .. .. .. .. . .. .. .. .. . .. .. .. .. .. .. . .. . .. ..
all In the year 19.. .96-
, certify (or declare) under penalty of
perjury that the foregoing IS true and
correct .
Dated at ... ~~.~.T~}'.9.J:l~~~........."......
la. this... .1P.,. ".darf/ATJfi., 19 .~A.
. . . f:uwl1LlA/1~. ..........
Signature i"
f
The Oudool{
1920 Colorado Ave
Santa Monica, California 90404
(310) 829-6811
fa.....I.... LOS 11.................
v,,-, ANGELES I~
This space is for thetunty Cierk"s Filing Stamp
Proof of Publication of
..................'..11'..................................
~. .._I..~...---..........~ - - - - - ~........ ....-"'........ ......................... ..............
EO 8-81
City of Santa Momca
Ordinance Number 1858 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY
COUNCIL. OF THE t:rrY OF SANfA
MONICA ADDING SECTION 5.08.600
TO THE SANTA MONICA MUNlCI.
PAL CODE RELATING TO THE USE
OF PUBLIC FOUNTAINS IN THE
THIRD STREET PROMENADE AND
DECLARING THE PRESlmCE OF AN
EMERGENCY .
The followmg IS a summary of Ordl.
nance Number 1858 (ees) prepared by
the Office of the City Attorney
Ordmance Number 18.'>8 (ces) IS an
emergency orcl1ullnce which adds SectIon
5 oa 600 to the Santa Monica MUD1CJ,pal
Code Section 508600 prohibits people
from batb.J.ng or wading m~ entermg mto,
being prese6t 10, or remaining in any
fountam In the Tb.J.rd Street Promenade
In addition, It prohibits people from
allOWing .any animal In their custody to
bathe or wade In, enter mto, be present
\Il, or remain In any fountBln. The Ordi..
nance proVIdes that any person VIOlating
Uus Section will be guilty of an infraction,
which III pUnishable by a fine not to
exceed $25000 Fmafly, the Ordmance
prOVides for an exception to the prolllbl-
tlOns contamed 10 thiS SectIOn for City
law enforcement personnel. City mamt~-
na.nce workers, or other persons acting
under the authoflty of the CIty
Ordmance Number 1858 rces, was
adopted on July SO, 1996, and shan
become effective Immelbarely
I, Mafia M Stewart, elty Clerk, do
hereby certlfy that Ordmance Number
1858 ICCSI had Its first and final readmg
on July 30, 1996, and W8S pllBSed by the
follOWing vote
Ayes' Council members Abdo, Ebner,
Ge~ser, Greenberg, Holbrook. O'Connor,
Rosenllteln
Noes {',ouncil memben
AhIItam Co\UlClI members
Absent Cou~ll members
181 MARIA M. ST!l:WART
City Clerk
The full text of the above Ordmance 15
aV81lable upon request from the office of
the City Clerk, located at 1685 Mam
Street, Room 102, Santa MODica Phone
(3101 458-8211
Pub AUlWst 10. 1996
.
PROOF O' PUBLIATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA,
County of Los Angeles,
I am a citizen of the United States and a
resident of the County aforesaid: I am over
the age of eighteen years. and not a paf"ty to
or Interested in the above-entitled matter. I
am the principal clerk of the printer of the
...............4...1.........11.._....,....~........
THE OUTLOOK
.................. .....4...........................
a newspaper of general circulation. printed
and published .J).~IJ..X. f;~~~.J?:I: .~Jll1}?AX.
in the City of .aMXA.I\'QNI(:(A............
County of Los Angeles, and which
newspaper has been adjudged a newspaper
of general circulation by the Superior Court
of the County of Los Angeles, State of
California. under the date of)~~:.~~ 19 .~~..
Case Number ..;n1.:n.~.....; that the notice,
of which the annexed is a printed copy (set
in type not smaller than nonpareil). has
been published in each regular and entire
Issue of said newspaper and not in any
supplement thereof on the following dates,
to-wit:
. .. . .4.US- .10. .. . ... .. .. .. .. .. .. .. ... . I .. .. II .. .. .. .. .. .. .. .. . .. . . . .. .. II . .. . . ..
all in the year 19. ..96,
I certify (or declare) under penalty of
perjury that the foregoing IS true and
correct .
Dated at SANTA P.!ONICA
....~,................~...........~......
C Ifo~ ia, this... .If). ..~.d?;ly f. AU~., 19. 9R.
. . . . ..~ . .a~.. ..........
Signat e :
r
The Oudooli
"1920 Colorado Ave
Santa Monica, California 90404
(310) 829-6811
"..J... L.OB 11___..~.......
~ ANGELES .~
This space is for the I'nty Clerk's Filing Stamp
Proof of Publication of
....~........................4........4........~..........
...............~.~...........................t............
.
EO "1
City of Santa Monica
Ordmance Number 1808 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY
COUNCIL OF THB CITY OF SANTA
MONICA ADDING SECTION 5.08.600
TO THE SANTA MONICA MUNICI.
PAL CODE RELATING TO THE USE
OF PUBLIC FOUNTAINS IN THE
THIRD STREET PROMENADE AND
DECLARING TIlE PRESENCE OF AN
EMERGESCY
The followmg IS a summary of Ordi-
nance Number 1858 (CCS) prepared by
the Office of the City Attorney'
Ordmance Number 1858 [CCS) IS an
emergency ordmance which adds Section
5 08600 to the Santa MODIca MuniCipal
Codll. SectlOn 5 08 600 pt'ohlblt.s pwple
from bathmg or wading 10, entenng mto,
beIng prese;tt m. or remalnmg many
fountam m the Thm! Street Promenade
In additIon, It prohibits people from
allowmg any ammal m thf;lr custody to
bathe or wade m, enter moo, be present
10, or remain In any fountam The Ordi-
nance proVIdes that any perllOn vlolatmg
thIs Section will be gUIlty of .an mfractiOn,
whlch III pUnishable by a fine not to
exceed $25000 Fmany, the Ordmance
proVides for an exception to the prohlbl-
bons contsmed m thiS Sechon for City
law enfon:ement personnel, City mamte-
nance workers, or other person\> 3cbng
under the authonty of the City
Ordmance Number 1858 ICeS) was
adopted on July 30, 1996, and shall
become effective Immediately
1, Mart!!. M Stewart, City Clerk, do
hereby cerhfy that Ordmance Number
1858 ICCSf had Its fint and final readmg
on July 30, 1996, and was passed by the
followmg vote
Aves: Council members, Abdo, Ebner,
Ganser, Greenberg, Holbrook, O'Connor,
RoseruJtem
Noes CounCIl members
Abstam Counc~l members
Absent Councd members
/Si MARIA M STEWART
City Clerk
The full text of the above Ordmance 16
aVtlllllble uplln request from the office of
the City Clerk, located at 1685 MaID
Street, Room 102, Santa MonlCl!- Phone
(310) 458-8211
Pub AUJ;l\Jst 10, 1996
/