SR-702-009 (2)
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NOV 1 4 1989
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CA:RMM:rmd983a/hpca
city council Meeting 11-14-89
Santa Monica, California
STAFF REPORT
TO:
Mayor and City Council
FROM:
city Attorney
SUBJECT:
Ordinance Adding Section 4203j to the Santa Monica
Municipal Code to Restrict the Use of Remote
Control Models in the city
At its meeting on October 17, 1989, the city Council
introduced for first reading an ordinance restricting the use of
remote control models ln City parks.
The ordinance is now
presented to the city council for adoption.
RECOMMENDATION
It is respectfully recommended that the accompanying
ordinance be adopted.
PREPARED BY: Robert M. Myers, City Attorney
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NOV 1 4 1989
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BEFORE DISTRIBUTIO~HECK CONTENT
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DISTRIBUTION OF RESOLUTION #
OF ALL
FOR ctlt CLERK'S ACTION
ORDINANCE # / S- (' C'
/C~ 7 Jyr
Introduced: . /. (.,I
Adopted: /0 Y' // f
ALWAYS PUBLISH ADOPTED ORDINANCES
Cross out Attorney's approval
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Agenda Item #
Council Meeting Date /~V /i'.9
G~D
lYe
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Was it amended?
VOTE: Afflrmat1ve:
Negat1ve:
Abstain:
Absent:
PROOF VOTES WITH ANOTHER PERSON BEFqRE ANYTHING
DISTRIBUTION: ORIGINAL to he s1gned, sealed and f11ed 1n Vault.
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NEWSPAPER PUBLICATION (Date: I
Department or1ginat1ng staff report( Laur1e Lleberroan)
Ord1nances only for Attorney ( Claud1a Thompson) 2
Management Serv1ces Lynne Barrette ORDINANCES ONLY 1
Agency ment10ned 1n document or staff report
(cert~fled?)
SubJect flle (~genda packet) 1
Counter fl1e 1
Others: (Review for
Alrport
Aud.ltorium
BU11ding Dept.
G/ED
departments who need to know) .
Parklng Auth.
~ersonnel
Plannlng
Police
Purchas1ng
Recr/parks
Finance
General Servo
Ll.~rary
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Manager
Fire
f
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Transportatlon
Treasurer
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SEND FOUR COPIES OF ALL ORDINANCES TO:
CODED SYSTEMS
120 Maln St:reet
Avon, New Jersey 07717
4
SEND FOUR COPIES OF ALL ORDINANCES TO: 4
Debra Myrick
Santa Monica Mun1cipal Court
1725 Main Street, Room 118
Santa Monlca, CA 90401 Total Copl.es
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CA:RMM:rmd984/hpca
City Council Meeting 11-14-89
Santa Monica, California
ORDINANCE NUMBER 1500 (CCS)
(City council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ADDING SECTION 4203J TO THE SANTA
MONICA MUNICIPAL CODE TO RESTRICT THE USE OF
REMOTE CONTROL MODELS IN THE CITY
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1.
Section 4203j is added to the Santa Monica
Municipal Code to read as follows:
SECTION
4203j.
Remote
Control
Hodel s .
No person shall land, take off,
release, or fly any remote control model
in any park, playground, beach, or public
recreation area.
For purposes of this Section, remote
control model shall mean any motor-powered
device that flies, whether controlled by
radio, wire, or string.
This Section shall not apply to
remote
control
models
in
any
area
designated by the City for the use of
remote control models if the person using
the remote control model is in compl iance
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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 incons istencies 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
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:
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ROBERT M. MYERS
City Attorney
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Adopted and approved this 14th day of November, 1989.
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filo-a-
Mayor
I hereby certify that the foregoing Ordinance No. 150Q(CCS)
was duly and regularly introduced at a meeting of the City
council on the 17th day of October 1989: that the said Ordinance
was thereafter duly adopted at a meeting of the city Council on
the 14th day of November 1989 by the following council vote:
Ayes: Councilmembers: Abdo, Finkel, Genser, Jennings,
Katz, Reed, Mayor Zane
Noes: Councilmembers: None
Abstain: Councilmembers: None
Absent: Councilmembers: None
ATTEST:
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.-" .,..... city" Cle*,
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City Counci1
Santa Monica City Hall
1685 Main Street
Santa Monica, CA 90401
To The Honorable Dennis Zane, Mayor,
The Honorable Judy Abdo, Council Person,
The Honorable David Finkel, Council Person,
The Honorable Ken Genser, Caunci 1 Person,
The Honorable William Jennings, Council Person,
The Honorable Herbert Katz, Counei 1 Person.
The Honorabl e ehri sti ne Reed, Counci 1 Person:
During your September 12, 1989 meeting an agenda item was the
restriction of model airplanes at city parks.
November 14, 1989
The agenda item included instructions to the City Attorney for a
draft ordinance to thlS end with the instruction to consult with
"hobbyists" i~ developing the ordlnance.
The use of radio controlled models should not be restricted so
long as they are withln FCC regulations. Safety, noise and air
pollution should be subject to control. Keep in mind that there
are many models that are qUlet and pollution free, yet radio
controlled.
In reference to model airplanes, I am
restrictions contemplated by the City
included and/or notified of any hearing?
Council meeting or other city sponsored
this subject.
very interested in any
and request that I be
meeti 09, workshop, City
activity that conslders
Thank you for your conSid~ion.
/0' t~//[/
..// Georg:;Z'
2265 23rd Street
Santa Monica
California 90405
472-0110
cc: Robert Meyer? City Attorney
Barbara Moran, Parks, Recreation & Culture