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SR-702-009 (3) .- . . O~l~ ~ .~ ?-{)2-~OO cr CA:RMM:r.md983/hpca city council Meeting 10-17-89 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 September 12, 1989, the City Council directed the city Attorney to prepare an ordinance restricting the use of remote control models in city parks. In response to this direction, the accompanying ordinance has been prepared and 1S presented to the City Council for its consideration. The accompanying ordinance adds section 4203j to the Santa Monica Municipal Code. This section provides that no person shall land, take off, release, or fly any remote control model in any park, playground, beach, or public recreation area, except in areas specifically designated by the city. RECOMMENDATION It is respectfully recommended that the accompanying ordinance be introduced for first reading. PREPARED BY: Robert M. Myers, city Attorney OCT 1 7 19B9 ~-C . . CA:RMM:rmd984/hpca City Council Meeting 10-17-89 Santa Monica, California ORDINANCE NUMBER (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 Models. 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 campI iance - 1 - --. . . . 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inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, are hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance.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 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: f'. :<-"tt--..';-: '.' , .~ . v\.. '-; \ ----..., ROBERT M. MYERS ) City Attorney , - 2 -