O1980 (2)
f:\atty\muni\laws\barry\m u sclebeachccrpt-1. wpd
City Council Meeting 7-25-00 Santa Monica, California
ORDINANCE NUMBER 1980 (CCS)
(City Council Series)
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 of the B.I.G. (Beach Improvement Group) Project, the
City re-established 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 Beach is not intended for use after dark and nighttime use may present a safety
hazard; and
WHEREAS, Chess Park directly abuts two apartment buildings and nighttime use
would create noise and activity that would be incompatible with residential use and
interfere with neighbors' quiet enjoyment of their residences; and
WHEREAS, during 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 sunrise 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 Monica Municipal 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 orthe
chess tables/chess pieces at Chess Park after sunset and before sunrise.
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inconsistencies and no further, is hereby repealed or modified to that extent necessary to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 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. ThisOrdinance shall become effective thirty
days after its adoption.
APPROVED AS TO FORM:
F:\A TTY\MUNI\LAWS\BARRY\musclebeachccrpl-1.wpd
3
Adopted and approved this 25th day of July, 2000.
State of California )
County of Los Angeles) ss.
City of Santa Monica )
I, Maria 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 Monica City Council meeting held on July 25, 2000, by the
following vote:
Ayes:
Council members: Holbrook,''Rosenstein; McKeown, Feinstein, Bloom,
M<;lyor Pro Tem O'Connor, Mayor Genser
Noes:
Council members: None
Abstain: Council members: None
Absent: Council members: None
ATTEST:
'u L'~'~ ~(lo. ,,~
Maria M. Stewart, City erk