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O2246F:\MunicipalLaw/Share\Laws\MJM\SurfingOrdinance2d City Council Meeting 1-22-08 Santa Monica, California ORDINANCE NUMBER 2246 (CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTIONS 4.08.025 AND 4.08.060 RELATING TO REGULATION OF BEACH AND WATER ACTIVITIES AT SANTA MONICA STATE BEACH WHEREAS, over twelve million City residents and visitors recreate at Santa Monica State Beach each year; and WHEREAS, many people use the surf for a variety of water sports; and WHEREAS, portions of the beach and water are often very crowded, particularly during summer months and on holidays; and WHEREAS, beach and surf usage by professional surf instructors as well as organized youth programs is proliferating; and WHEREAS, crowding in the water poses a threat to the safety of both surfers and swimmers; and WHEREAS, commercial and group usage of the beach and water contributes significantly to crowding and makes lifeguards' work more difficult; and WHEREAS, the County lifeguards have asked the City to adopt a permitting system to regulate group beach/water usage; and 1 WHEREAS, to maintain water safety and maximize public recreational opportunities, it is necessary for the City to regulate certain water and beach activities including surfing instruction and organized youth programs; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Santa Monica Municipal Code Section 4.08.060 is hereby amended as follows: Section 4.08.060 Surfing and surf instruction authorization. (a) It shall be unlawful for any person to: (1) Use a surfboard in any area that has been posted as a "No Surfing" area; (2) Provide surfing instruction, training, or coaching for compensation without City authorization. (b) The Director of Community and Cultural Services may promulgate regulations implementing this section, limiting opportunities for commercial use of the beach for surf instruction, and establishing a process or processes for allocating such opportunities. Those regulations shall ensure that the beach and the surf remain a shared public resource, that the natural beauty of the beach 2 is preserved, that the beach remains available for both active and passive recreation and respite, that public safety is protected, that opportunities to use the beach or surf for commercial purposes are fairly allocated, that opportunities for surfing lessons are maximized for all segments of the community, including persons of all ages and economic groups, and that instructional opportunities are diverse, including private instruction and classes of various sizes. (c) Authorization shall be prioritized as follows: 1. First priority shall go to City-operated or City- contracted programs. 2. Second priority shall go to accredited educational institutions providing surf instruction for school credits. 3. Other authorizations shall be issued on a competitive basis such as a Request for Proposal process. (d) Commercial for-profit enterprises shall pay the City a fee, which shall be set by Council resolution in an amount sufficient to cover the cost of administering the authorization system, and a charge consisting of a percentage of gross receipts. 3 (e) Those authorized to provide surf instruction must comply with all applicable federal, state, and city laws, rules and regulations, including those governing the operation of a business in Santa Monica. (f) Any person violating this Section or the regulations promulgated pursuant to this section shall be guilty of an infraction, which shall be punishable by a fine not exceeding two hundred fifty dollars ($250), or a misdemeanor, which shall be punishable by a fine not exceeding one thousand dollars ($1,000) per violation, or by imprisonment in the County Jail for a period not exceeding six months, or by both such fine and imprisonment. SECTION 2. Santa Monica Municipal Code Section 4.08.025 is hereby amended as follows: Section 4.08.025. Youth Group Beach/water activity permits. Camps; clubs, schools, churches, and other organized groups must have abeach/water activity permit issued by the Community and Cultural Services Department of the City when more than twenty children seventeen years old or younger will be entering the water. Permits for on-going use (groups that use the beach more than once a week) at 4 specified areas of the beach shall be issued on a priority basis first to City-operated or City-contracted programs. Other permits or authorizations shall be granted on a competitive basis such as a Request for Proposal process. Permits for occasional use (groups that use the beach once a week or less) shall be issued on a first come, first served basis. A fee may be charged to cover costs arising from administering the permit system, and other costs arising from group beach-and water activities. A beach/water activity permit will not be required if a group has a community events permit. If the water/beach activity includes surf instruction for compensation, the provisions of Section 4.08.060 apply. 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. 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 5 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 30 days from its adoption. APPROVED AS TO FORM: ~~~ J~~~'~p~ M RSHA J NES P OUTRIE Ci Atto n ,y 6 Approved and adopted this 22nd day of January, 2008. ~~ Richard Bloom, Mayor Pro Tem 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. 2246 (CCS) had its introduction on January 8, 2008, and was adopted at the Santa Monica City Council meeting held on January 22nd, 2008, by the following vote: Ayes: Council members: Noes: Council members: Abstain: Council members: Absent: Council members: Genser, Holbrook, McKeown, O'Connor, Mayor Pro Tem Bloom None None Shriver Mayor Katz A summary of Ordinance No. 2244 (CCS) was duly published pursuant to California Government Code Section 40806. ATTEST: __-- ~ ~~ Maria M. Stew rt, City Clerk