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SR-8-C (12) 7-02-0109' . ~-c ,. .. . JAN , .~ .-',.' o ,j~J CA:RMM:rmd983c/hpca city Council Meeting 1-9-90 Santa Monica, California STAFF REPORT TO: Mayor and City Council FROM: city Attorney SUBJECT: ordinance Amending Santa Monica Municipal Code section 4203j to Expand the Definition of Model Aircraft which Cannot be Used in Public Parks, Playgrounds, Beaches or Public Recreation Areas At its meeting on December 12, 1989, the city Council introduced for first reading an ordinance amending Santa Monica Municipal Code Section 4203j to expand the definition of model aircraft which cannot be used in public parks, playgrounds, beaches, or public recreation areas of the City. The accompanying ordinance is now presented to the city council for adopt1.on. RECOMMENDATION It is respectfully recommended that the accompanying ordinance be adopted. PREPARED BY: Robert M. Myers, city Attorney ~-c JAN 9 1990 0(' BE1"'ORE DISTRIBUTION CK CONTENT <- DISTRIBUTION OF RESOLUTION # Counc~l Meeting Date ~"~9~) Agenda I tern # :? ~ c!...-, Was ~ t amended? /y 0 OF ALL FOR CI ~LERKTS ACTION ORDINANCE # ;:;;- c;: '7 In traduced: / -2,/;;X / f. 9 Adopted: //9 /"e; 6 ALWAYS PUBLISH ADOPTED ORDINANCES Cross out Attorney1s approval VOTE: Affirmative: ~ - c) Negat~ve; Abstaln: Absent: PROOF VOTES WITH ANOTHER PERSON BEFORE ANYTHING DISTRIBUTION: ORIGINAL to he signed, sealed and filed ln Vault. NEWSPAPER PUBLICATION (Date: ) J Department originating staff report( Laurie Lieberman) Ordinances only for Attorney ( Claudia Thompson) 2 Management Serv~ces Lynne Barrette ORDINANCES ONLY 1 Agency ment~oned in document or staff report (cert~fled? ) Subject file (agenda packet) 1 Counter file 1 Others: (Revlew A~rport Aud~torium for departments who need to know). Parklng Auth. Personnel Bu~1d~ng Dept. ClEO Plann~ng Police Purchas~ng Recr/Parks Transportat~on Treasurer Flnance General Servo Llbrary Manager Flre SEND FOUR COPIES OF ALL ORDINANCES TO: CODED SYSTEMS 120 Ma~n Street Avon, New Jersey 07717 4 SEND FOUR COPIES OF ALL ORDINANCES TO: 4 Debra Myrick Santa Mon~ca Munic1pal Court 1725 Ma~n Street, Room 118 Santa Mon~ca, CA 90401 Total Cop~es )~ 1 J . . -( CA:RMM:rmd984cjhpca City council Meeting 1-9-90 Santa Monica, California ORDINANCE NUMBER l509(CCS) (city council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION 4203J TO EXPAND THE DEFINITION OF MODEL AIRCRAFT WHICH CANNOT BE USED IN PUBLIC PARKS, PLAYGROUNDS, BEACHES, OR PUBLIC RECREATION AREAS IN THE CITY THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. Santa Monica Municipal Code Section 4203j is amended to read as follows: SECTION 4203J. Remote Control Models. No person shall land, take off, release, or fly any model in any park, playground, beach, or public recreation area. For purposes of this section, model shall mean: (1) Any device that flies, whether uncontrolled or controlled by radio, wire, or string, and is powered by internal combustion, electricity, gasoline, or any other type of fuel. - 1 - ~ . . (2) Any device that flies by whatever means weighing more than eight ounces. This section shall not apply to models in any area designated by the City for the use of such models if the person using the model is in compliance with posted rules governing the use of the designated area. 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, are hereby repealed or modified to that extent necessary to affect 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 any 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 th~s 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 Ord~nance. The City Clerk shall - 2 - :r . . cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective after 30 days from its adoption. APPROVED AS TO FORM: ~ ~~~- ROBERT M. MYERS ~ -- City Attorney - 3 - ~ . . . ~ Adopted and approved this 9th day of January, 1990. ~7~ I hereby certify that the foregoing Ordinance No. 1509(CCS) was duly and regularly introduced at a meeting of the City council on the 12th day of December 1989; that the said Ordinance was thereafter duly adopted at a meeting of the City council on the 9th day of January 1990 by the following Council vote: Ayes: Councilmembers: Abdo, Finkel, Genser, Jennings, Ka t z , Reed, Mayor Zane Noes: Councilmembers: None Abstain: Councilmembers: None Absent: Councilmembers: None ATTEST: /~ City Clap ---/ !