O2154
F:\atty\muni\laws\mjm\amend2722d-1.doc
City Council Meeting 3-8-05
Santa Monica, California
ORDINANCE NUMBER 2154 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING CHAPTER 2.72 OF THE SANTA MONICA MUNICIPAL
CODE RELATING TO FEES FOR MUNICIPAL SERVICES AND PAYMENTS TO THE
CITY FOR THE PRIVATE COMMERCIAL USE OF PUBLIC PROPERTY
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. Chapter 2.72 of the Santa Monica Municipal Code Section is
hereby amended to read as follows:
Chapter 2.72
Fees for Municipal Services
Section 2.72.010. Fees for services and use of
public property.
The City may establish and set the amount of user
fees or fees for services which are provided to or benefit
particular individuals rather than the general public. Such
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fees may include, but shall not be limited to, fees for
recreation, youth and sports programs, and fees for
systematic inspections and enforcement to ensure
compliance with health and safety requirements and permit
conditions on private property. Additionally, the City may
establish and set the amount of fees or charges for the
private commercial use of public property.
Section 2.72.020. Method of setting fees.
A user fee, fee for services, or charge for the
commercial use of public property may be set by ordinance,
by a resolution adopted by the City Council, or by any other
means authorized by law.
Section 2.72.030. Responsibility for payment.
Any person required by the City to pay a user fee, fee
for services, or charge for the commercial use of public
property shall pay that fee to the City or its designee as soon
as it becomes due.
Section 2.72.040. Remedies.
The City may collect any user fee, fee for services, or
charge for the commercial use of public property which is
due and owing through a civil action. However, this express
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statement of the City's power to pursue a civil remedy does
not constitute and shall not be construed as a limitation upon
any power to institute criminal proceedings.
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inconsistencies and no further, is hereby repealed or modified to that extent necessary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.
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. This Ordinance shall become
effective 30 days from its adoption.
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Approved and adopted this 8th day of March, 2005.
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. 2154 (CCS) had its introduction on February 22,2005, and
was adopted at the Santa Monica City Council meeting held on March 8, 2005, by the
following vote:
Ayes: Council members: Mayor Pro Tern Katz, Bloom, Genser, Holbrook,
McKeown, Shriver
Noes: Council members: None
Abstain: Council members: None
Absent: Council members: Mayor O'Connor
ATTEST:
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