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O1980 f \atty\muni\laws\barry\musclebeachccrpt.1.wpd City Council Meeting 7-25-00 Santa MOnica, California ORDINANCE NUMBER 1980 (CCS) (City Council Senes) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING SECTION 4 08.096 TO THE SANTA MONICA MUNICIPAL CODE TO PROHIBIT THE USE OF CHESS PARK AND MUSCLE BEACH BETWEEN SUNSET AND SUNRISE WHEREAS, recently as part ofthe S,I.G (Beach Improvement Group) ProJect, the City re-establlshed and augmented the fitness equipment at Muscle Beach and Improved and expanded Chess Park; and WHEREAS, Muscle Beach and Chess Park have been deSigned for use during daylight hours and these faCIlities are neIther intended nor suitable for nighttime usage; and WHEREAS, the refurbished Ocean Front Walk includes new lighting for the pedestrian walkway, but no lighting IS provided WIthIn these two recreatIon faCIlitIes, and WHEREAS, the children's playground equipment and adult fitness equipment at Muscle Seach IS not intended for use after dark and nighttime use may present a safety hazard; and 1 WHEREAS, Chess Park directly abuts two apartment bUIldings and nighttIme use would create noise and activity that would be incompatible with residential use and mterfere with neighbors' qUiet enjoyment of their residences; and WHEREAS, dunng the public review process for the B,I.G Project, residents of the South Beach expressed concern about nOise and nighttime use of Muscle Beach and Chess Park, and WHEREAS, prohibiting use of the equipment at Chess Park and Muscle Beach between sunset and sunnse would not have any substantial Impact upon the recreational use of these faCIlities, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 4.08 096 IS hereby added to the Santa MOnlca MUnlclpal Code to read as follows Section 4.08.096. Prohibition against use of equipment at Muscle Beach/Chess Park. No person shall use the eqUipment/apparatus at Muscle Beach or the chess tables/chess pieces at Chess Park after sunset and before sunnse. SECTION 2 Any provision of the Santa MOnica MUnicIpal Code or appendices thereto InconsIstent with the provIsions of thIS Ordmance, to the extent of such inconsistencIes and no further, IS hereby repealed or modified to that extent necessary to effect the provIsions of this Ordinance. 2 SECTION 3 If any section, subsectIon, sentence, clause, or phrase of this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 competent junsdlctlon, such deCISion shall not affect the validity of the remaining portions of this Ord Inance 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 thirty days after ItS adoption APPROVED AS TO FORM f, MARSHA JON City Attorney , , ~)1Ld0 MOUTRIE F \A TTY\MUNI\LAWS\BARRY\musdebeachccrpt-1 wpd 3 Adopted and approved this 25th day of July, 2000 State of Califorma ) County of Los Angeles) ss City of Santa MOnica ) I, Mana M Stewart, City Clerk of the City of Santa MOnica, do hereby certify that the foregoing Ordinance No 1980 (CCS) had It'S introduction on July 11, 2000, and was adopted at the Santa Momca City Council meeting held on July 25, 2000, by the following vote Ayes Council members Holbrook, Rosenstein, McKeown, Feinstein, Bloom, Mayor Pro Tem O'Connor, Mayor Genser Noes CounCil members None Abstain" CounCil members: None Absent CounCil members: None ATTEST .... ~\n ~~ Maria M Stewart, City d.erk . _.="-" > .::.