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CARS: SEM: se:policy
City Council Meeting:
Santa Monica, California
January 26, 1993
TO: Mayor and City council
FROM: city staff
SUBJECT: Adoption of an Ordinance Establishing policies
Regarding Organized Group Activites in city Parks
INTRODUCTION
This report recommends that the City council adopt an ordinance
establishing policies regarding organized group activities in
city parks.
BACKGROUND
At the meeting of September 8, 1992, the City Council directed
staff to engage outside counsel to draft an ordinance
establishing policies regarding organized group activities in
City parks. This action followed extended consideration of the
topic by the Recreation and Parks Commission, which found that
extensive areas of City parks are being informally reserved for
private parties, organized programs and events.
These and
recurrent group uses tend to monopolize areas within the parks,
restricting or discouraging access by the general pUblic.
Overuse of particular sites for such activities tends to wear
down turf, damage irrigation heads and destroy ornamental
planting.
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DISCUSSION
Counsel has prepared an ordinance for consideration by the City
Council. The ordinance provides a reasonable administrative
process for issuance of permits for park use to groups of
thirty-five or more. The provisions of the ordinance are
consistent with procedures followed in other Southern California
cities. The permitting process enables the Director of Cultural
and Recreation Services to schedule groups at sites designed for
heavy use or to limit the number of permits issued at more
fragile sites to avoid overuse.
The Cultural and Recreation Services Department currently
administers permitting procedures for use of athletic fields and
park buildings. Recreation staff and Park Rangers from the
Police Department resolve on-site permit disputes, and would
provide the "enforcement It arm of the proposed permitting process.
No additional staff resources should be necessary to implement
the ordinance.
In response to Council's resolve to maintain the affordability of
group activities in city parks as expressed at the September 8,
1992 Council meeting, staff does not propose the imposition of
administrative fees or insurance requirements at this time. The
Council may, at some future date, choose to establish such fees
or requirements by amending the ordinance or by adopting a
Resolution.
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FISCAL/BUDGETARY IMPACT
There is no immediate budgetary impact from this proposed Council
action.
RECOMMENDATION
It is recommended that Council adopt the attached ordinance
establishing policies regarding organized group activities in
City parks.
Prepared by: Susan E. McCarthy, Acting Director
Cultural and Recreation Services
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF SANTA MONICA
ESTABLISHING REGULATIONS GOVERNING USE
OF CITY PARKS BY ORGANIZED GROUPS AND
AMENDING THE SANTA MONICA MUNICIPAL CODE
The City Council of the City of Santa Monica does ordain as
follows:
Section 1. Article IV of the Santa Monica Municipal Code is
amended by adding thereto a new Chapter 4.53 to read:
Chapter 4.53 - Group Use of city Parks
section 4.53.010. Purpose and Findings.
The unregulated use of City parks by large organized
groups deprives the general public of the free and untrammeled
use of park space, thereby depriving the community of an
important recreational resource. Further, recurrent use of parks
by organized groups has an impact on the parks different in
quality and magnitude from use by the general public, creating
concerns regarding noise, traffic and parking, trash removal and
clean-up, damage to turf and vegetation, public safety and
liability. The purpose of this chapter is to regulate the use
of City parks by organized groups in order to ameliorate the
foregoing problems and assure reasonable and equitable access to
City parks both by groups desiring to use the parks and by the
general public.
Section 4.53.020. Definitions.
The following words and phrases as used in this Chapter
shall have the following meanings:
(a) ttDepartment" shall mean the Department of Cultural
and Recreation Services.
(b) "Director1l shall mean the Director of the
Department of Cultural and Recreation Services.
section 4.53.030. Permit required.
A permit is required for the use of any City park by an
organized group of thirty-five (35) or more persons. It shall be
unlawful for any person or persons to assemble or cause the
assembly of thirty-five (35) or more persons in a park or in any
portion of a park for any combined or coordinated purpose or
activity without first having received a permit from the
Department. A permit may be obtained, but is not required, for
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reservation of space in a park for a group consisting of fewer
than thirty-five (35) persons.
Section 4.53.040. Permit application and fees.
Applications for a permit for group use of a park are
available in the Department during city Hall business hours.
Applications by residents of the city or businesses located in
the City may be filed not more than ninety (90) but not less than
three (3) days before the proposed activity. Applications by
non-residents may be filed not more than thirty (30) but not less
than three (3) days before the proposed activity. Applications
shall not be accepted for processing unless all requested
information is provided and any required application fee paid.
The city Council is authorized to establish application fees by
resolution. The Director is authorized to refer any application
to any applicable City department for review and investigation as
necessary to evaluate the application properly and thoroughly.
Complete applications for the use of the same park space at the
same time will be processed in the order received.
Section 4.53.050. Grounds for Denial.
Applications shall be denied if anyone of the
following findings is made:
(a) The activity is proposed to be conducted in a
space or area not physically suitable to accommodate the
activity.
(b) The activity is proposed to be conducted in a
space or area already reserved for another activity on the day
and hour(s) requested.
(c) The person or persons organizing the activity do
not possess the necessary licenses, permits or certificates
otherwise required to conduct the activity, or are otherwise not
in compliance with any applicable laws or regulations.
(d) The activity constitutes a public nuisance or is
detrimental to public health or safety.
(e) The issuance of the permit would violate the
general requirements set forth in section 4.53.060 hereof.
(f) A permit previously held by the permittee was
revoked and the Director finds that the grounds for the
revocation are likely to recur if the permit is issued.
Section 4.53.060. General requirements.
The following general requirements shall govern
issuance of permits:
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(a) No person, persons or group shall be issued more
than one permit a month and no activity sponsored or organized by
the same person, persons or group shall occur more frequently
than once a month in the same park.
(b) No activity shall exceed six (6) hours in
duration.
(c) The number of permits which may be issued at the
same time and/or on the same day at each park in the City shall
be as determined by the Director, based on the City's goal of
avoiding conflicts among group users, assuring access to the
general pUblic, and avoiding overly intense use of park
facilities. The Director may further restrict the number of
permits issued on holidays due to the larger than usual numbers
of people who use the parks on those days.
(d) The use of mechanical equipment, such as amusement
rides and moon bounces, and the erection of tents is prohibited.
(e) Fires are prohibited except in barbecues provided
by the city.
(f) The use of rope, cones or other materials or
devices to barricade or segregate an area of a park for the
exclusive use of a person or persons is prohibited, unless
expressly authorized in a permit issued pursuant to this Chapter.
Any of the above general requirements may be waived by the
Director upon a showing to the Director's satisfaction of special
or unique circumstances, or that compliance with one or more of
the requirements would create a unique hardship.
Section 4.53.070. Conditions.
Permits may be issued subject to conditions as are
necessary to assure that the activity will be compatible with the
proposed location and with use of the park by others, the park
will not be damaged or left in an unclean condition, and the
activity will occur safely. Conditions may include, without
limitation:
(a) Restrictions on parking and access.
(b) Restrictions on sound amplification.
(c) Requirement for a cash or surety bond to guarantee
clean-up of the site.
(d) Requirement that the permittee obtain insurance to
protect against liability resulting from the activity.
(e) Restrictions on equipment or facilities.
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(f) Restrictions on the precise activities which will
be permitted.
(g) A requirement that the permittee indemnify the City
and assume responsibility for repair of damage and for clean-up
of the area used for the activity.
(h) A requirement that the permittee use a city park
other than the park being requested for the activity.
(i) A restriction on the maximum number of people who
may attend the event.
(j) Special conditions may be imposed on holidays.
section 4.53.080. Revocation of Permits.
Permits issued pursuant to this Chapter may be revoked
by the Director if anyone of the following findings may be made:
(a) The permittee or the activity or any person or
persons engaged in the permitted activity have violated any
regulation, ordinance, statute, law or any condition of the
permit in the course of engaging in the activity.
(b) The permitted activity is causing a public
nuisance or is detrimental to public health and safety.
(c) The permit was issued on the basis of
misrepresentations or false information supplied by the
applicant.
(d) The permit was issued in error.
Section 4.53.090. Exemptions.
The provisions of this Chapter shall not apply to:
(a) Activities or events sponsored by the city.
(b) Use of athletic fields and park buildings.
Section 4.53.100. First Amendment Activities
A permit shall be issued for any assemblage or
gathering of thirty-five (35) persons or more, such as a
demonstration, rally or protest, organized for the purpose of
conveying a political, religious or other similar type of message
protected by the California Constitution or the First Amendment
of the United States Constitution. The permit shall be issued
within twenty-four (24) hours of submittal of a complete
application to the Director. The Director may waive any or all
of the requirements of this Chapter but may establish reasonable
time, place and manner regulations for the event to assure the
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. .
protection of the public health and safety and to protect the
park grounds and facilities.
Section 4.53.110. Refunds.
Refunds of any required permit application fees are
available only if the permittee notifies the Director of
cancellation of the event not later than three (3) days prior to
the reserved date. Any adopted service charge will be deducted
from any refund due.
Section 4.53.120. Enforcement and Appeals.
The provisions of this Chapter shall be implemented and
enforced by the Director. Any decision of the Director under
this Chapter may be appealed to the city Manager, who shall hear
the appeal within thirty (30) days of its filing, or, in the case
of First Amendment activities, within twenty-four (24) hours of
its filing. The decision of the City Manager shall be final.
Section 4.53.130. Penalty.
Notwithstanding any other provision of this Code,
violation of this Chapter shall constitute an infraction.
PASSED, APPROVED AND ADOPTED this ____ day of
1993.
MAYOR
ATTEST:
CITY CLERK
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