SR-702-009
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DEe 1 2 1989
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CA:RMM:rmd983c/hpca
city Council Meeting 12-12-89
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 November 14, 1989, the City Council
adopted Ordinance Number 1500 (CCS) which added section 4203j to
the Santa Monica Municipal code, restricting the use of remote
control models in the City of Santa Monica. Pursuant to public
comments made at the public hearing on this Ordinance on October
17, 1989, the City Council directed the city Attorney to prepare
amendments to Ordinance Number 1500 (CCS) to include a greater
number of model aircraft types in this restrlction. In response
to this direction, the accompanying ordinance has been prepared
and is submitted to the City council for its consideration.
The accompanying ordinance amends Municipal Code Sect ion
4203j, restricting a greater variety of model aircraft types from
being utilized in any park, playground, beach, or public
recreation area in the City. The followlng types of models are
now included under the ordinance: any device that flies, whether
uncontrolled or controlled by radio, wire, or string, and is
powered by internal combustion, electricity, gasoline, or any
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other type of fuel; and, any devlce that flies by whatever means
weighing more than eight ounces. By enlarging the scope of
Ordinance 1500 Number (CCS), models such as helicopters, rockets,
and unpowered aircraft gliders weighing in excess of eight ounces
are now prohibited from being utilized in areas not designated
for model aircraft use.
RECOMMENDATION
It is respectfully recommended that the accompanying
ordinance be introduced for first reading.
PREPARED BY: Robert M. Myers, city Attorney
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CA:RMM:rmd984cjhpca
City council Meeting 12-12-89
Santa Monica, California
ORDINANCE NUMBER
(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.
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(2) Any device that fl ies 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 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
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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:
(1.,;t:;o.vt h, . ~7\------
ROBERT M. MYERS r~
city Attorney .
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